A Pardon in Concubinage Case?

This image is taken from google.com.

Before providing any legal advice, below is the situation where this post is basically anchored upon.

Mr. and Mrs. T are lawfully married.  One day, Mr. T, without any valid reason, left their conjugal dwelling.  Mrs. T, a loving and understanding wife, searched every nook and corner to find her husband.  After 2 years of searching, Mrs. T found out that Mr. T and their best friend Lady L have lived as husband and wife in a remote barangay of the south.

When Mrs. T discovered the relationship of her husband and Lady L, she got furious and almost killed the two.  Despite such discovery, Mrs. T did not file any criminal case against Mr. T and Lady L.

One year after, Mr. L went back to their conjugal dwelling and sought the forgiveness of Mrs. T.  As loving as she was, Mrs. T forgave Mr. T and they lived again under the same roof.  However, after how many months, their relationship was tested again.

At this juncture, Mrs. T asked any legal advice whether she could still file a criminal case of concubinage against Mr. T. or against Lady L alone?

The story of Mr. And Mrs. T is not uncommon to us.  Most of my clients in the office were in similar situation as Mr. and Mrs. T.

The act of Mrs. T in forgiving her husband Mr. T when the latter asked forgiveness constituted pardon on her part.  This pardon did not only benefit Mr. T alone but as well as it extended to Lady L.

Once the spouse pardoned the erring spouse in a Concubinage or Adultery Case, she/he may not be able to institute the same criminal case against him/her on the same case.  Of course, pardon does not include any future act/s of Concubinage or Adultery.

In this case, the charge shall be against both the erring spouse and the other woman or man.  It is not possible to indict only the other woman or man without including the legal spouse. However, the other woman or man may not be indicted if she/he was not aware of the legal status of her/his partner at the time of their relationship.

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