Prosecution of the Crimes of Adultery and Concubinage

image grabbed from www.rappler.com

In the previous posts, the differences between Adultery and Concubinage were discussed.

In this post, what will be tackled is how to prosecute the aforementioned crimes.  One shall observe and must follow it, otherwise, his or her case will be doomed.

taken from knowledgeisking.ning.com

As stated in Article 344 of the The Revised Penal Code , the prosecution of the crimes of adultery and concubinage shall be:

1.  The crimes of adultery and concubinage shall not be prosecuted except upon complaint filed by the offended spouse.

It is clear that only the offended spouse can file the complaint of the crimes of adultery and concubinage.  In the case of adultery, the complaint shall be filed by the offended husband and by the offended wife in the case of concubinage.

No other person shall file the complaint.  Not even the parents of the spouses nor the children of the parties.

2.  The offended party cannot institute criminal prosecution without including both the guilty parties if they are both alive, nor, in any case, if he shall consented or pardoned the offenders.

In the case of adultery for instance, the offended husband shall file the case against his wife and his wife's lover. Of course, his wife and his wife's lover must be both alive, otherwise, only the living person shall be prosecuted.

taken from www.interaksyon.com

The same case with concubinage.  The offended wife shall sue both her husband and her husband's mistress.

Further, the offended spouse cannot pardon one of the offenders and then sue the other offender.  If he/she shall pardon his/her spouse, he/she must also pardon the lover of his/her spouse.

Please remember that having a sexual intercourse with the offender spouse by the offended spouse after the institution of the criminal case, it shall be deemed considered as a pardon.

Comments

  1. UnknownMarch 14, 2020 at 8:34:00 PM GMT+8

    What if the husband is sentenced to prison for drug offense and the wife is left alone for 3 Years and has relationship with another man and has bare a child from the relationship, can the husband file adultery charges against his wife and the lover

    ReplyDelete
  2. dailyservingoflegalmatters.blogspot.comApril 17, 2020 at 3:04:00 PM GMT+8

    To unknown,

    Yes, the wife may still be charged with adultery. Their marriage still subsists despite the conviction of the husband with drug offense.


    ReplyDelete

Post a Comment

Popular posts from this blog

Philippine Laws on Illegal Gambling

Image
Since the announcement of Philippine President Rodrigo Roa Duterte for the Philippine National Police to halt its operation on war against drugs and shift the fight against illegal gambling, hundreds of suspected individuals were apprehended allegedly involved with illegal gambling nationwide. In General Santos City for instance, there are at least 4 suspects are brought before our office for inquest investigation.  There suspects are either violating Presidential Decree (P.D.) No. 1602 or Republic Act No. 9287. It might be noteworthy to consider because the police officers are doing their job as mandated by law, but, most, if not all, of the suspects apprehended belong to the poorest of the poor.  We are still waiting at the time when we would face suspects who are the financier of these illegal gambling games. This image is taken from google. The following are the gambling laws of the Philippines: PRESIDENTIAL DECREE NO. 1602 It amended the criminal provisions of A
Read more

Bonds for Illegal Gambling

This post shall provide the updated recommended bonds for illegal gambling as of this writing. Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling): Section 1.   Penalties.  The following penalties are hereby imposed: (a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:      1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pang
Read more

The Crime of Grave Scandal

Image
Courtesy of Sun.Star Davao When I opened my facebook yesterday, June 2, 2014, a strange news caught my attention.  This news was all about two men caught in the act masturbating.  Thus: DUHA ka lalaki ang gibalhog sa selda sa San Pedro Police Station human nasakpang nag-masturbate sila ala 1:25 sa kaadlawon kagahapon, Dominggo, didto sa Palma Gil Street, siyudad sa Davao. Ang duha gitago sa pangalan nga Marco, 33, ulitawo, laborer, nagpuyo sa San Juan Village, Bangkal, Barangay Talomo Proper, ug Daryl, 23, ulitawo, sales agent ug residente sa S.I.R, New Matina, Barangay 76-A Bucana. Gisaysay sa blotter sa kapulisan nga nadakpan ang duha sa nagpatrolya ang mga sakop sa Philippine Civic Crime Monitoring Group (PCCMG) nga gipangulohan Jerry Balobar Ponayo didto sa dalang Palma Gil. Si Police Officer (PO2) Perfecto Tuloy, duty desk officer, nagsulti nga nakita mismo ni Ponayo ang duha nga nagbinatilay sa ilang kinatawo kilid sa gi-parking nga multicab sa kalsada.
Read more