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Thursday, September 5, 2013

THE LAW : PHILLIPINES MAKES CONCUBINAGE PUNISHABLE WITH PRISON (FOR THE MAN)

What is the current law about a husband who lives with another woman?  The subject makes the advice columns.  Here's an article from the Manila Times.

HUSBAND WHO LIVES WITH MISTRESS LIABLE FOR CONCUBINAGE by by PERSIDA ACOSTA link to article.

EXCERPT : "As provided for under Article 334 of the Revised Penal Code, “Any husband who shall keep a 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 punished by prision ... The concubine shall suffer the penalty of destierro.”

You may likewise consider filing a complaint for violation of the provisions of Republic Act (R.A.) No. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004.” This law penalizes the commission of abusive acts against a woman and her child. Since your husband is neglecting his responsibilities and he refuses to provide support for you and your children, as you have mentioned in your letter, you have a cause of action against him. As provided for under Section 5, id, “The crime of violence against women and their children is committed through any of the following acts: (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman’s child/children.” Your husband may suffer the penalty of prision mayor if found to be guilty of the aforementioned crime (Section 6 (f), id).

As to your question relative to bigamy, please be informed that you cannot file a complaint for bigamy against your husband..."

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