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

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