The Legal Wife: Her Legal Options

A photo of the TV series The Legal Wife taken from google.com
Since the local channel started airing the series The Legal Wife, a lot of viewers  have been glued to watch every episode of this series.  In fact the social media, like Facebook and Twitter, would be flooded with posts and comments written and interacted by its loyal viewers.

In the said series, Monica, who is the legal wife of Adrian, caught her husband having an extra-marital affair with her best friend Nicole.  Based on the story, what would be the legal options for Monica if she would like to  fight in court?

Option 1:

Monica may file a criminal case of CONCUBINAGE.  This criminal case of concubinage shall be filed against both Adrian and Nicole.  Nicole is to be indicted with this crime also because she has full knowledge that Adrian is a married man before she had sexual intercourse with him.

As what is stated in the Revised Penal Code:

"Any husband who shall keep his mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place" shall be charged with the crime of concubinage.

In the series of The Legal Wife, Adrian does not keep his mistress in the conjugal dwelling when the affair between them happened.  Although, there was a time that he brought Nicole in the conjugal dwelling, but those times the two were still innocent of the crime.

Nor, Adrian  cohabited with Nicole in any other place.  They were not living together as husband and wife.  Adrian still lives with her legal wife.

But how about in sexual intercourse under scandalous circumstances?  This is for the court to appreciate on whether or not Adrian and Nicole have had sexual intercourse under scandalous circumstances.

Option 2:

Monica may file a criminal case in violation of the Republic Act Number 9262 or the "Anti-Violence Against Women and Their Children Act of 2004."

Monica may prove that the infidelity of her husband has caused her mental or emotional anguish, public ridicule or humiliation in order to indict Adrian with this crime.  However, only Adrian may be indicted.  Nicole will not be included in the charging with the said crime.

Option 3:

Monica may file a petition for LEGAL SEPARATION on the ground of sexual infidelity.  She may also include in her petition the custody of their only child and the revocation of her husband as her legal beneficiary in any insurance and the likes.  The guilty spouse shall also be disqualified from inheriting the innocent spouse through intestate succession.


Article 334  states how the husband may be charged with concubinage.  "Any husband who shall keep his mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place." - See more at: http://dailyservingoflegalmatters.blogspot.com/2014/02/adultery-versus-concubinage.html#more
Article 334  states how the husband may be charged with concubinage.  "Any husband who shall keep his mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place." - See more at: http://dailyservingoflegalmatters.blogspot.com/2014/02/adultery-versus-concubinage.html#more
Article 334  states how the husband may be charged with concubinage.  "Any husband who shall keep his mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place." - See more at: http://dailyservingoflegalmatters.blogspot.com/2014/02/adultery-versus-concubinage.html#more

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