1. Under the Revised Penal Code, adultery cannot be committed by the husband; it is a crime committed by the wife and her paramour. 2. Concubinage is committed by a husband in several ways: (a) by keeping a mistress in the conjugal dwelling, (b) by having sexual intercourse under scandalous circumstances with a woman who is not his wife; or (c) by cohabiting with his mistress in any other place. 3. If a husband wants to file an adultery case against his wife, he must also charge the paramour. In the same way, a wife must file the case for concubinage against her husband and his mistress; she cannot charge the mistress alone. 4. The heaviest penalty for adultery is imprisonment of six years (for the wife and her paramour). On the other hand, the heaviest penalty for concubinage is four years and two months (for the husband) and “destierro” or exile (for his mistress). 5. Since concubinage is difficult to prove in court, the wife should instead file a case of psychological violence due to marital infidelity under RA 9262. 6. The penalty for “psychological violence” under RA 9262 is a minimum of six years up to twelve years of imprisonment. The maximum penalty is imposed if the violence is committed by the husband or the intimate partner against the woman when she is pregnant or in the presence of their children. 7. Implications of the Supreme Court ruling on conspiracy in “Sharica Go-Tan case”: Can you file an RA 9262 case against your unfaithful husband AND his mistress? 8. Update as of December 2, 2018: House Bill No. 8604 seeks to remove the crimes of adultery and concubinage from the Revised Penal Code and to replace them with the crime of “sexual infidelity.” The Philippine Commission on Women recommends the decriminalizing of adultery and concubinage. |
Adultery cannot be committed by the husband; it is a crime committed by the wife and her paramour
The Revised Penal Code defines adultery in Article 333: “Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. Adultery shall be punished by prision correccional in its medium and maximum periods.”
What is the penalty for adultery?
The medium period of the penalty for adultery ranges from 2 years, 4 months and one day to 4 years and 2 months imprisonment. The maximum period ranges from to 4 years, 2 months and one day to 6 year imprisonment. Simply stated, the longest time a wife will be imprisoned is 6 years.
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The Revised Penal Code defines and penalizes “concubinage” in Article 334: “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 correccional in its minimum and medium periods.”
A husband commits concubinage in several ways:
(1) by keeping a mistress in the conjugal dwelling,What is the penalty for concubinage?
(2) by having sexual intercourse under scandalous circumstances with a woman who is not his wife; or
(3) by cohabiting with his mistress in any other place.
For the husband, the penalty of “prision correccional” in its minimum period is imprisonment from 6 months and one day to 2 years and 4 months. In its medium period, the penalty is from 2 years, 4 months, and one day to 4 years and 2 months. Simply stated, the longest time that a husband will be imprisoned is 4 years and 2 months.
On the other hand, the penalty for the mistress is “destierro” (exile), not imprisonment.
Why is concubinage difficult to prove in court?
In order to charge her husband with concubinage, the wife has to prove that he has committed any or all of the three acts mentioned above.
With number (1) above, I think you will agree with me that only a few men would dare to bring or allow his mistress to live in the conjugal dwelling. Not unless, of course, if the wife allows it for whatever reason …
As to number (2) above, an adulterous affair by its nature is done in secret; a man and his paramour cannot be expected to have sexual intercourse under scandalous circumstances.
Now, number (3) above. If a wife seeks legal help in filing a case for concubinage, lawyers will ask her for evidence that proves cohabitation. The evidence may be receipts for the apartment where the man and mistress are living, receipts for Meralco and PLDT, and affidavits of eyewitnesses that the man and mistress are really cohabiting, etc.
If the evidence merely proves that the husband is having an extra-marital affair, he cannot be charged with concubinage.
If the other woman gets pregnant and gives birth, can it be used as evidence for concubinage against the husband? No, the pregnancy is not necessarily proof of cohabitation. Why? Again, please take note of how concubinage is committed as I discussed under numbers (1) up to (3) above.
(Note: Click the graphic to download a free PDF newsletter on this topic. This PDF is for your personal, non-commercial use only; you must not upload it to any website, blog, file-sharing platform, or the cloud.) Inequalities in the law and discrimination against women
The provisions of the Revised Penal Code are stacked against the wife. If she commits even just one case of marital infidelity, she, along with the paramour, can be immediately charged criminally.
But the husband who commits numerous acts of marital infidelity cannot be sued by his wife for adultery (since under Article 333, adultery is a crime committed by the wife and her paramour). The philandering husband must be sued under Article 334 for concubinage. The problem is, concubinage is much more difficult to prove in court.
What’s the reason for this inequality — the heavier penalty for the wife — under the Revised Penal Code? Well, the law seeks to prevent the introduction of spurious heirs into the family, which can happen in adultery, not in concubinage.
Because concubinage is difficult to prove in court, it’s better to file a case of psychological violence under RA 9262
| Can you file a case of conspiracy to commit RA 9262 against your unfaithful husband AND his mistress? “Sharica Mari Go-Tan vs. Spouses Perfecto Tan and Juanita Tan” G.R. No. 168852, September 30, 2008 Background facts: After six years of marriage and two children, Sharica filed an RA 9262 case against her husband Steven and her parents-in-law Perfecto and Juanita Tan. She also asked the Quezon City Regional Trial Court Branch 94 to issue a TPO (Temporary Protection Order) against her husband and her parents-in-law; she alleged that, in conspiracy with her parents-in-law, Steven was causing verbal, psychological, and economic abuses upon her. In their defense, the parents-in-law claimed that they cannot be charged with violation of RA 9262 because Section 3 of that law explicitly provides that the offender should be related to the victim only by marriage, a former marriage, or a dating or sexual relationship. The Regional Trial Court ruled in favor of the parents-in-law. Sharica thus appealed to the Supreme Court. Issues raised by Sharica before the Supreme Court: Sharica claimed that RA 9262 must be understood in the light of the provisions of Section 47 of RA 9262 which explicitly provides for the suppletory application of the Revised Penal Code (RPC). Accordingly, the provision on “conspiracy” under Article 8 of the RPC can be applied to RA 9262. Sharica claimed that Steven and her parents-in-law had “community of design and purpose in tormenting her by giving her insufficient financial support; harassing and pressuring her to be ejected from the family home; and in repeatedly abusing her verbally,emotionally, mentally, and physically.” Supreme Court ruling: The Court ruled in Sharica’s favor; it stated that the provisions of the Revised Penal Code can be applied suppletorily to RA 9262. Thus, her parents-in-law can be charged as co-conspirators with her husband Steven. Implications of the Sharica Go-Tan ruling on conspiracy: If you’re an abused or abandoned wife, you can file an RA 9262 case against both your unfaithful husband and his mistress. With the proper proof, you can claim that the abusive acts that your husband committed against you were done in conspiracy with his mistress. (This means that, if convicted, the penalty for your unfaithful husband will also be the penalty for his mistress.) Consult your lawyer about the kind of proof that you need. |
RA 9262 defines psychological violence as:
“acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.”
What is the penalty for “psychological violence” under RA 9262?
The penalty for “psychological violence” is a minimum of six years up to twelve years of imprisonment. The maximum penalty is imposed if the violence is committed by the intimate partner against the woman when she is pregnant or in the presence of the common children.
(For a detailed discussion on what psychological violence is, please read “Hope and help for the battered woman (4): Emotional abuse/psychological violence in my Salt and Light blog.)
Government offices where women can ask for help
For RA 9262 and other cases involving women, you can ask for help from the following:
Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel. No.: (02) 734-8635 NCR Ugnayang Pag-asa, Legarda, Manila Tel. Nos.: (02) 734-8617 to 18Is there life or hope after an extramarital affair?
Philippine National Police (PNP) Women and Children’s Concern Division (WCCD) Tel. No.: (02) 723-0401 loc. 3480 Call or text 117 (PATROL 117)
National Bureau of Investigation (NBI) Violence Against Women and Children’s Desk (VAWCD) Tel. Nos.: (02) 523-8231 loc. 3403
DOJ Public Attorney’s Office Women's Desk
Tel. Nos.: (02) 929-9010; 929-9436 to 37
Philippine General Hospital (PGH) Women’s Desk Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816
Women’s Crisis Center Women and Children Crisis Care & Protection Unit – East Avenue Medical Center (WCCCPU-EAMC) Tel. Nos.: (02) 926-7744; 922-5235
Please read my Salt and Light blog articles on the issue of marital infidelity:
Surviving Marital InfidelityUpdates as of December 2, 2018:
The grass is not greener on the other side
“Sad Movies Always Make Me Cry”
Marital infidelity: causes, consequences and conclusions
Priceless counsel from a bargain sale book: “How to save your marriage alone”
A. House Bill No. 8604 (filed by DIWA party-list representative Pepito M. Pico on November 19, 2018) seeks to remove the crimes of adultery and concubinage from the Revised Penal Code and to replace them with the crime of “sexual infidelity.”
Under House Bill No. 8604:
1. “Sexual infidelity” is committed by the unfaithful spouse — either the husband or the wife — with a paramour.
2. The penalty for the unfaithful husband or wife is “prision correccional” in its minimum period (from 6 months and one day to 2 years and 4 months).
3. When the unfaithful husband or wife keeps the paramour in the conjugal dwelling, the penalty is “prision correccional” in its maximum period (from 4 years, 2 months, and 1 day to 6 years).
4. The penalty for the unfaithful husband or wife will be the same penalty for the paramour.
B. “Eliminating Discrimination Against Women in the Revised Penal Code (RPC): Decriminalizing Adultery and Concubinage” by the Philippine Commission on Women:
Adultery and concubinage should be decriminalized or removed from the RPC since they involve violation of marriage contract, hence, liability should only be civil in nature. Taking off adultery and concubinage from the criminal offenses should however, still have the following legal effects:
1. Adultery and concubinage are still unlawful under the Family Code (civil matter), so an aggrieved/offended/victimized spouse can still file for legal separation on the ground of sexual infidelity, or a possible manifestation of psychological incapacity as a ground for declaration of nullity of a marriage;
2. Marital infidelity (concubinage) will continue to be one of the manifestations of psychological violence against women under RA 9262 (Anti-Violence Against Women and Their Children Act), a special law that protects women and their children from abuses and violence by their intimate partners;
3. Sexual infidelity (adultery or concubinage) will continue to be one of the bases for an aggrieved/offended/victimized spouse to sue for ordinary damages under the Civil Code (i.e. psychological pain and suffering) against the offending/guilty spouse and the third party involved.
372 comments :
1 – 200 of 372 Newer› Newest»I BELIV UR EXPLANATION ABOUT CONCUBINAGE & ADULTERY DOES NOT REFLECT JUSTICE FOR IT IS ONEROUS IN THE SENSE THAT WOWEN ARE LOSERS IN THIS KIND OF BATTLE. I DONT LIKE UR MESSAGE ON THIS AREAS.
Excuse me but did you miss reading the 5th paragraph of my article which states,to wit,
“Republic Act 9262 or the Anti-Violence Against Women and their Children Act of 2004 has now come to the rescue of women. Philandering husbands can now be charged criminally even for just ONE incident of marital infidelity under the psychological violence provision of RA 9262.”
For your information, summer of 2005, upon the invitation of local government DSWDs, I gave lecture-seminars on RA 9262 in Laguna (Kalayaan, Alaminos, Lumban, Victoria), Sto. Tomas, Batangas, and Cavite City. I have also given RA 9262 seminars for various groups here in Metro Manila. I have also been counseling free of charge women referred to me by a single parents group.
Please read my various articles on RA 9262 for you to know my stand on the issue of spousal abuse. While I may have reservations about certain provisions of RA 9262, I believe that to a large extent, this law benefits the great majority of Filipino women.
how is a woman punished by law if proven with adultery but is living in the us with her son (while husband is in the philippines)? what happens to the 7 year old son?
Do you mean to say that the woman has been sentenced by a Philippine court for adultery? If that is the case, then please read the decision of the court if part of the penalty imposed on the woman is CIVIL INTERDICTION. Civil interdiction is the court-imposed loss of political and civil rights including loss of parental rights.
If civil interdiction is part of the sentence, that means that parental authority now exclusively belongs to the father.
The next proper step is to ask goivernment authorities in filing for EXTRADITION so that the woman can be legally forced to come back to the Philippines.
Atty. Galacio what if my husband living wd other woman and he denied it as his mistress instead introduce her as her cousin,, is it concubinage and thus it has concerned in asking for financial support of 3 children?
But the other woman keep on texting me about them as well as my husband admitting thr relationship with out telling who is the girl.
As I discussed in the article, it is better in this kind of situation for you to file a case of psychological violence (under RA 9262) against your husband. Concubinage is difficult to prove in court. Psychological violence is easier to prove in court and you can use the text messages of the woman as part of your evidence.
Attorney;
My husband has been a chronic womanizer. He had a son who asked support from him and until now he is asked for a support. Support was given since 1996. Apart from these, he had several relationships. He even had a sex video which was accidentally discovered by my son. Anyway I dont want to use that sacandalous material. He even was a wife beater. He also was not a good provider. Until now we often quarrel because of opposite points of view. Is it possible that we have our marriage annulled? If legal separation, what are the limitations? I want to keep a bit of dignity. Because of him being a womanizer, i refrained from having sex with him. The reason why the last time that he had a STD, I was not affected. any advise attorney? Thanks a lot.
1. In terms of support for yourself and your son, you can petition the court for a Protection Order under RA 9262 (Anti-Violence Against Women and their Children Act of 2004) so that a certain percentage of his salary will be remitted directly to you every month. If he and his employer refuse to do so, they can be held in contempt of court. Please read my article “Support for abandoned woman and family” and other articles on RA 9262.
2. Under RA 9262, you have options of filing against your husband a civil case for damages, a criminal case for psychological violence (among others) and a petition for Protection Order. Please read my RA 9262 articles in this blog.
3. In legal separation, the marriage ties between you and your husband will remain. Thus, you will still be married, you must still use his surname and you cannot get married to another person.
4. You can file for a petition for declaration of nullity of your marriage based on Article 36 (psychological incapacity) of the Family Code. Please read the FAQ section of my website www.familymatters.org.ph and my articles on declaration of nullity / annulment in this blog. Look for these articles in the Previous Posts section of the sidebar.
5. You are wise and correct in refraining from having sexual relations with your husband because of his womanizing ways. This is also the view of Dr. James Dobson (Love Must Be Tough) and Dr. David Clarke. Please read my articles on marital infidelity in my Salt and Light blog at www.-salt-and-light-.blogspot.com.
Attorney Galacio;
I read the posting above and I got the courage to post also. I am a battered wife since 1977 and I know you would say that this is stupidity for consenting it to happen to me for many years. I have 3 grown-up working children. I also work. My husband was not good in giving financial support, it is always the start of a quarrel. Nevertheless, my kids finished their studies and one daughter is already married. Apart being a beater, my husband had sexual advances to my daughter, which because of his harrasments that he will kill us and the embarrassments of my daughter, I did not file a case against him. My daughter then was 13 yo, now she is married. It was not a penile penetration but a finger penetration, from what i have read, a form of rape. My daugther and I could hardly forget what happened, but she did when she got married. Now, 7 years ago, I was transferred and working away from my husband. I learned to live alone and every night, I contemplated on my sufferings. I go home, but still we fight on any matter. Incidentally, last year, I met a guy, a kind single guy, who gave importance to me. I know that there is no certainty with the relationship because we see each other only 2x a year because of the distance. But I feel that even if our relationship stops, I can't love my husband anymore because of my difficulties. I told my husband that I can't tolerate any more to be hurt, and my love was gone. He was violent but I reminded him of the times that he destroyed our marriage vows. I want to be free attorney. I live peacefully now that I dont live with my husband. Besides, I had not any sexual relationship with him for quite a time, around 4 years. And also, I do not want to be judged as a bad woman if I happen to be seen with my friend. Any hope attorney? I do not want though to use my daughter's experience as a ground. I want her to forget everything and i dont want her to be subjected to a scandalous suit.
Thank you very much attorney Galacio! More power
1. Stupidity is not the reason why a woman gets trapped in an abusive relationship. Dr. Lenore Walker in her landmark book “The Battered Woman” explained that a woman (even if she is well-educated and highly successful in her profession or career) learns to become helpless in an abusive relationship and gets trapped in what has come to be called the Cycle of Violence. Please read my articles on RA 9262 in this blog (and in my Salt and Light blog also) with the titles Hope and help for the battered woman. I have five articles all in all regarding RA 9262, the battered woman syndrome, psychological violence, etc.
2. Please read my Salt and Light blog article entitled “Biblical grounds for divorce and remarriage” (http://-salt-and-light-.blogspot.com/2005/12/divorce-and-remarriage_26.html) for you to learn whether your situation entitles you to have your marriage terminated.
In brief, most Bible scholars teach that there are only two grounds for Biblical divorce and remarriage. First is fornication (meaning having sexual relations outside of marriage, homosexuality or lesbianism, sexual perversion, etc) on the part of the offending spouse.
The term used in the King James version of the Bible is “adultery” but the Greek word is “porneia” which should properly be translated fornication (which ahs a wider scope than adultery).
The second ground for Biblical divorce and remarriage is when the innocent spouse is abandoned by the other spouse.
So based on the short discussion above, do you have any ground for Biblical divorce and remarriage? Please take note of the view (from Radio Bible Class ministries) that spousal abuse can be a ground for Biblical divorce and remarriage. Moreover, your husband’s act of trying to molest your daughter may be classified as porneia (fornication or sexual perversion).
Again, please read carefully my Salt and Light blog article entitled “Biblical grounds for divorce and remarriage”.
3. If you have established that you have Biblical ground for divorce and remarriage, then you can file for declaration of nullity of your marriage based on Article 36 (psychological incapacity) of the Family Code. The FC does not define what psychological incapacity is. Please read my discussions on what psychological incapacity is in the FAQ section of www.familymatters.org.ph and my article on the case of actress Amy Perez in this blog.
As you said, you want to protect your daughter. This sad episode in her life does not have to be brought up in court. When you hire a lawyer to handle your petition for declaration of nullity of your marriage, you do not have to tell him or her about what happened to your daughter. Your lawyer can use spousal abuse / domestic violence as a ground for invoking psychological incapacity.
4. The Bible says that the marriage is honorable unto all and that the marriage bed is undefiled. The term marriage bed is “koite” in Greek and “coitus” in Latin, and plainly speaking, “sex” in the English language. This means that sexual relations are meant only for married people. Until and unless your marriage has been dissolved by the proper legal proceedings, there must not be any physical relation between you and this guy you mentioned.
Thank you for the very enlightening explanation attorney. Yes, we are like old fashioned sweethearts. he can wait for the right time. Attorney, if you won't mind, how much will it cost me? Thanks again.
As a matter of principle, I do not handle annulment cases.
However, I can tell you that Metro Manila-based lawyers usually ask for an initial fee of one hundred thousand pesos, with the client shouldering all the legal costs and expenses (filing fee, service of summons, transcripts of stenographic notes, psychiatric report, etc). The total cost approximately could go up to one hundred fifty thousand pesos. The whole process will take about a year to finish.
We've been married year 2000. The first year of my marriage was very tough because me and my sonsuffered attempted murder from him but because i love my family i fogive him.the cause of our fight always was because of his infedelity to our marriage,he still act as a single because he accomodates all girls who text and chat him,sometimes I read their very intimate messages and i knew they are having an affair but i know also it's difficult to prove.
Because of financial difficulties we decided that i work abroad.I left my husband who works in a university and my son who is 7yrs old now.it was still a tough time for me while am here working because sometimes when i call the phone he is not at home and of course he can say evrything to cover up then suddenly this year I discovered an eamil from his student whom i know he's having an affair.At first i've forgiven him again but things are not getting better because evrytime we talk,we fight and now he is deciding to leave our place and work in his hometown.my problem is: he wants to get my son and plans to work in his hometown.we are building our house in luzon and suddenly he decides to stay in mindanao.He was the one who gave all the trouble and now he decide to leave when he knew i am going home this summer.Of all the pains and hurts i went through i want our marriage to be annuled but my primary concern rightnow is my son whom i miss so much.what legal action should i do if he will get my son?he threaten me not to see my son when i come home.Please help me.thanks a lot.
this is a follow up which i recently posted regarding my son's custody.my problem is..i am still working abroad and he threatens that he will leave our place together with my son by the end of school year,march 2008, but my plan to go home will be on may 2008as my contract will expire.I know it will be difficult for me soon if they will leave soon.
as i've read from gardin faith.."the child custody not be wrenched from her familiar sorroundings and thrust into a strange environment away from the people and places to which she had apparently formed an attachment".I always tell him not to bring my son because it will be difficult for him to adjust since he is studying there already and because all my relatives are in luzon whom he formed an attachment but he insist that he is in control of my son since i am not around.my son is 7 yrs old and will be 8 yrs old by november.I'm really going through a difficult time now.What would I do?please help me.
1. Article 213 of the Family Code states, “In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.”
Please take note that the court will intervene if the parent chosen by the child is unfit.
2. Your husband’s words (threatening to take your child away) and actions (marital infidelity, failure to provide support) constitute psychological violence under RA 9262 for which you have the options of filing a civil case for damages, a criminal case the penalty of which is imprisonment of six years minimum up to twelve years maximum, or a Protection Order. If your husband goes through with his threats of taking your son to Mindanao, you can file a petition for Protection Order in order to gain custody of your son.
Since violations of RA 9262 are public offenses, you can ask your relatives here in the Philippines (who have personal knowledge of what your husband is doing) to file the petition for Protection Order. That means you do not have to wait until you are back here in the Philippines before filing the petition. As soon as your husband takes your son to Mindanao this March, ask your trusted family member (who has personal knowledge of what is happening) to file the Petition for Protection Order.
atty. my husband is at california right now, he has a lover and has a child on that woman.although, im here at phil, can i still compalin here at the us embassy here at the phil? can i charge him concubinage? and can i file also a case on her lover and her parents that keeping ther son doing?
1. As I explained in my article, it is much better to use psychological violence under RA 9262 than concubinage under the Revised Penal Code. This is because concubinage is very difficult to prove in court.
2. Your husband’s actions of having a lover and a child constitute psychological violence under RA 9262. You have the options of filing (a) civil case for damages; (b) criminal case; and/or (c) Protection Order. Since he is presently abroad, you have to wait for him to come back here to the Philippines before filing an RA 9262 case against him. So that he would be able to leave the country while the case is going on, you can ask the court to issue a Hold Departure Order as part of a Protection Order.
The case must be filed with the Philippine courts, not with the US embassy.
What if my wife cheated on me? She tried to runaway 3 times. First was whole day or more than 12 hours. Next was 3 days from february 2, 3 and 4. Then the third was on February 28 till march 6. She went home once with many kissmark on her neck. She also confessed to me that the rumors of that there is a third party involved is true and they has sexual intercourse. She was also continously talking on the guy while she was at home with me and our children. What I did yesterdady was to fetch my parents and have them the custody og my son and daughter while my wife is still at home. She really wanted to have freedom. I gave her freedom. Today she will be leaving our house. I really don't know what happy to our marriage. I have knowledge of anything or something that I have done wrong to suffer this. I am working in a call center right now here in gilmore. My son who will be turning 6 years old on may 8 and my daughter who will be turning 2 this june 3 is with my parents now. Do you think I will have the custody of my children If I file a case? You may contact me through my email address umeynidmi2003@yahoo.com
atty, imgoing to Us also.. what if ill mary another guy, without annulling our marriage here ath the phil.. can he charge me bigamy there? hes also at the us..
Your husband can file a case for bigamy against you. But not using the Revised Penal Code of the Philippines since your projected second marriage will take place in the US. What your husband will do is to file a case for bigamy against you using American law. The bigamous marriage will be your second marriage in the US and thus your husband can file a case against you using the bigamy law of whatever state your second marriage will take place. Your husband will present proof of your marriage here in the Philippines.
hello atty!
I am married with children aged 13,7 and 5 yrs old
We are staying here in europe now but I want my marriage to be legally annuled.It was year 1993 when we decided to live together here in europe then in 1998 we got our visa then few months we went home to get married in our hometown.
It is only now that i got the courage to set myself free from him.he is abusing me verbally and lagi muntik na nya akong masaktan pero nakakaiwas at nadedepensahan ko ang aking sarili.ang masakit di ko kaya ipagtanggol ang mga anak ko sa verbal and physical abuse na ginagawa nya lagi sa amin.I wanted to call the police if it happened again that he will do violence specially breaking the furnitures in the house to have evidences.I'm the breadwinner and doing evrything from financial to domestic jobs in the house.he doesn't have consideration for all the sacrifices i am doing.
I wanted to make an end to our relationship the soonest possible.Do i need to go home in phils to file annulment case?does he have a chance to have share from the savings i've earned because I was the only one who's working.is it possible that the the house and lot we acquired in philippines be transfered to my children so he doesn't have anything since he didn't help me in all our financial difficulties?
This is in relation to the recently posted above..
what legal action should I make to let him leave our house?honestly its very difficult for me to find another apartment here for me and my three children since i am the one who is paying our rental in our apartment now.it's unfair for me to leave the house while he is enjoying the amenities and i'll pay again another rental.
One important thing i forgot to mention is,he always forced me to have sex with him...I know this is sexual abuse already since I don't want it.I cannot tolerate anymore all this abuses he is doing to me.
Please help me.
Thank you very much and more power.
1. Please read my articles on RA 9262 Anti-Violence Against Women and their Children Act of 2004 in this blog or in my Salt and Light blog. These articles are the following:
(a) Primer on RA 9262 or the "Anti-Violence Against Women and their Children Act of 2004"
(b) Hope and help for the battered woman (2): RA 9262 essential provisions
(c) Hope and help for the battered woman (3): RA 9262 Protection Orders
(d) Hope and help for the battered woman (4): Emotional abuse / psychological violence
Through a Protection Order issued by the Family Court, you can get your husband out of your house. The court can also command your husband to stay away from you and your children and to stop harassing you. You do not need to come home here to file for a Protection Order. Under RA 9262, anyone with knowledge of the facts can file the petition. This means that your children, your relatives, barangay officials, etc can file the petition for Protection Oder.
2. You can file the petition for declaration of nullity of marriage (the procedure is found in the Legal Pocedures section of my Family Matters website) on the basis of Article 36 or psychological incapacity. Through your lawyer, you can request the court to schedule the hearings of the petition when you are here in the Philippines. Your lawyer can also ask the court to resort to what is known as modes of discovery, including depositions before action, etc. This means that you will not be too inconvenienced by coming here often to the Philippines to attend the hearings.
3. Since you got married under the Family Code, the rule is absolute community of property and that anything acquired during the marriage is presumed conjugal (with certain exceptions). During the hearing for the petition for declaration of nullity of your marriage, your lawyer can try to prove that the property you mentioned was acquired through your own separate resources.
Part of the process in this kind of case is that before the judgment declaring your marriage null and void becomes final, the children’s presumptive legitimes must be given to them. This means that whatever your children are entitled to as of that date in terms of their inheritance, these must be given to them. The judgment of the court becomes final when this condition has been complied with.
4. As of now, you should take steps in disinheriting your husband. Please read my article on how to disinherit your spouse (it is not yet in the Links section, I think so you have to search my blog for this topic).
Disinheritance has very strict requirements and you shoud get a competent lawyer-notary public here in the Philippines to draft the disinheritance for you.
P.S.
I may have misappreciated certain facts of your situation. When you said that you are now living in Europe, does that include your husband? The property you mentioned, is that located in Europe or in the Philippines? Assuming that you are here now in the Philippines, you can avail of RA 9262. But if you, your children and your husband are all in Europe, then you cannot avail of RA 9262. You should resort to whatever law on spousal abuse is prevailing in that country.
My advice on having your marriage declared null and void, however remains valid. Same with the advice on disinheriting your spouse.
hello atty!
we are living together with my husband in europe but we got married in philippines.The property i mentioned is in the philippines.
thank you very much.
1. RA 9262 was patterned after domestic violence and spousal abuse laws of Western countries primarily the US. I am sure that in Europe, there are strict laws on spousal abuse. You can get a restraining order from the courts there ordering your husband to stay away from you and your children. Police authorities in Western countries also generally respond quickly in this kind of situation.
2. You can also try to seek the help of Philippine embassy or consulate officials in the country where you are living for the steps in disinheriting your husband. As you can read from my Legal Updates blog article on disinheritance (dated December 7, 2007 and located at http://famli.blogspot.com/2007/12/how-to-disinherit-your-spouse.html), the legal requirements for a valid disinheritance are the same as making a last will and testament.
Hi atty,
i had a live-in partner for 10yrs now,his not legally separated.my question is,if i get pregnant with him, can the wife could file a case of adultery against me?his separated for more than 10yrs but not in paper, is that considered as legally separated?hope to hear your advice...thanks in advance
i forgot to ask, being separated for 10 yrs,and their only communicating if theres a problem with the kids, can he use this as a ground to file an annulment??what if, the wife will not give it to him?thanks again and more power
1. Please take note that under the Revised Penal Code, adultery is a crime committed by a wife and her paramour (the adulterous partner). That means that you cannot be charged with adultery.
Your live-in partner and you (as the concubine) can be charged with concubinage.
You can use the separation between your partner and his wife for several years as a defense of good faith or of condonation (by the wife) of the relationship between you and the man.
2. In petitions for annulment or declaration of nullity, it is not required that the other spouse agree to the petition. It takes only the offended spouse to file the petition. The offended spouse hires a lawyer who prepares the petition. The lawyer then asks the petitioner to submit to a psychological evaluation. The psychologist usually sends a letter to the other spouse asking him or her to submit to a psychological evaluation. It does not matter however if the other party does not agree or want to undergo the evaluation.
After the petition is signed by the offended spouse, the lawyer files the petition with the court. Please take note that the signature of the other spouse on the petition is not necessary. When the court acts on the petition, it orders the service of the summons on the other spouse (called the respondent). The court sheriff or the process server gives the summons to the respondent. Even if the respondent does not want to accept the summons or refuses to sign it, it does not matter. The sheriff or process server just makes a report that he tendered the summons but the respondent refused to accept it. The petition will proceed despite the refusal of the respondent to receive or to sign the summons.
3. The most common ground for declaration of nullity of marriage is Article 36 or psychological incapacity. The Family Code does not define what psychological incapacity is. Please read the Frequently Asked Questions section of my website www.familymatters.org.ph for discussions on what Article 36 is all about.
Hi atty,
thanks you so much for the advice...here's another question...
i been living with a married man for 10yrs.i want to get pregnant with him. what charges will the wife have against me and my live-in partner?
Like I said, the wife can file a case of concubinage against your live-in partner AND against you (as the concubine) under the Revised Penal Code.
Hi Atty,
I'm writing with regards to a close relative. While he was still living with his wife & son, he had an affair with another woman and they had a child. His ex-wife left him because she couldn't take the verbal abuse she got from him. Their son was so traumatized that he regularly visits a child psychologist. When his wife & son left him, he asked his other woman to live with him. They have been living together for almost 3 yrs. His ex-wife recently found out about the affair and his illegitimate child. My question is, what would be the best case to file against him. He's not a good influence on his son, and his other son would be psychologically traumatized for the rest of his life. I want him to learn a lesson. Please help.
Psychological violence under RA 9262 is the most appropriate charge against this man you described. Please read my articles on RA 9262 in this blog (look for them in the links listed in the Previous Posts section in the sidebar.
hi atty!
i left my husband on 2001 but i intended to go back to his parents' house where we were living if only he talked to me about our situation. i waited for him with fervent hope that we'll soon be reconciled. but instead of working out our marriage, he entered into an affair on december 2001 (according to him) and it has hurt me a lot. i only knew about it on may 2002 when my friend told me and i confronted my husband. unfortunately for me, he admitted it and even displayed the evidences of his infidelity like the loveletters from the woman, their pictures together, his long distance call receipts...those were unberable. in fact, i tried to hide the truth from my family for years. i also tried hiding from friends because i was afraid what they will be thinking of me. like a crab, i hid in my protective shell. i seldom went outside my house and my studies and public relation have been affected because of the separation.on 2003, i was told that my husband and that woman were living together and on 2004,their child was born. The pain continues even until now. i appreciate a lot the government for coming up with the RA9262 because there are a lot of women who need that law. and since RA9262 have only been enacted on 2004, can i still file for a protection order on psychological violence?
thank you very much.
Dear Attorney,
This is my first time to view your website as i was really surfing for the articles like yours which can enlighten me. My problem is about my husband who works in Singapore for 12 years now. But he only brought me there twice and our kids once, to think the county is not too far from here(Philippines). He even cannot petition me and our kids as his dependent so that I can also work and my kids to study. The reason being is that, he has another family in Singapore and they have 1 kid. I just discovered it a month ago. Im so stupid to have found it just now. I went to NSO and filed CENOMAR, to my dismay, I saw 2 marriages, one with me in 1992 (civil) and the other in 1999(civil). The time that i had no idea what is his status in Singapore, during our 15th wedding anniversary last year we decided to get married in church so that we will be more blessed if we have our vows in Christ.
When I found out I confronted him about it but he was not remorseful of what he did. He reasoned out that he is in Singapore that I cant file a case against him. Is this true? This was the 2nd time he fooled me, one in 1997 also in Singapore, but I gave him a chance as the previous is only concubinage and never had a kid. He told me he learned his lesson already but then again committed the same mistake. This one is even worst, they get married and have a kid. As if we dont exist as his real and legal family.
In case I'll file a case what is the procedure? Because he doesnt want to come home anymore. He told me that he will be separating with his concubine (or should I say other wife as they are married too) and he chose to be with us but in Singapore not here. Probably to appease me that's why he said it. But granting it is true, and we will be together again, is there any conflict when we live in Singapore because the woman is still there, she is declared as the legal wife in all their documents (i.e. passport- she uses our surname, Employment pass, COMELEC, they are registered in Civil Registry in Singapore, the kid was born there and registered also).
His plan, according to him when we spoke last night, that I will work already there and take our kids as my dependent, because he cannot sponsor us, as he did it already to his other family. What if I also declared him as my husband for my Employment pass application, would it be me or him that will be charged as falsifying the sworn statement? Singapore Immigration-Work Permit Division might trace from their database, and appear twice his passport number and verify that there is another wife aside from me.. You may ask Sir, why I worry too much on this EP application. Im saying this because at the back of my mind, forgiveness is still around,despite all the lies and deceits he had in me, call me stupid but that's how i still feel.. giving of forgiveness.. My dilemma is that in Singapore the other woman is declared as the legal wife, is this possible as i have no idea. Can I contest about it in case interrogated by Immigration in Singapore that I am the legal wife?
The situation is very complicated as he doesnt want to divulge in me what plans she had for the woman that he can totally separate from them.. I worry too much as we know that concubines are more combatant than the legal wives.. and i am the opposite. He told me that he is already doing the right thing, but what's right for us will be wrong fo the other party and vice versa. But he chose us.
Can the other woman sue my husband for pretending/cheating that he was single during the time of their marriage?
How can their registration of marriage in NSO totally be erased? I know it is null and void but still reflected from NSO database.
In case i file bigamy, wll he be deported? how long is the process? He told me that if I separate from him, I will never get any financial support for my kids.
I know i have somuch questions, but thank you so much for the time spared in reading this. More powe Atty. God Bless.
1. If your husband got married (the second time around) here in the Philippines, then he can be charged with bigamy. However since he is presently abroad, that means that even if the case for bigamy has already been filed, our courts do not have jurisdiction over him. What will happen is that the case will be archived (that is, sent to the records to stop the running of the prescriptive period) and at the same time the judge will issue what is called an alias warrant of arrest. If your husband comes back to the Philippines, he can be arrested by virtue of the warrant and the case can continue. As to being deported, that will be up to the Singaporean government if ever a request for extraditing your husband back to the Philippines is filed.
As to the procedure in filing a criminal case, you can ask a lawyer to prepare a complaint-affidavit for you. The complaint (with proof of the bigamous marriage) will then be filed with the fiscal’s office of the place where the second marriage took place.
Please take note that bigamy is a public crime, meaning anyone with knowledge of the crime can report it to the authorities.
2. There will definitely be a problem if you file your papers with the Singaporean government as being the legal wife of your husband. As you observed, the records of the Singaporean government will reflect that your husband is married to another woman.
3. Even if a marriage is null and void, under Article 40 of the Family Code, there must be a court decision declaring it null and void. The record on file with the NSO as of the second marriage will always remain there. For example, if the woman files a petition to have her marriage to your husband declared null and void for being bigamous, the marriage certificate will only be annotated with the court decision, but the record will still be there.
4. A woman’s dream and desire to have a happy, fulfilling marriage does not die easily. At the back of a woman’s mind is the thought that things could possibly be better one of these days. Please read my article “How to save your marriage alone” in my Salt and Light blog (www.-salt-and-light-.blogspot.com).
1. RA 9262 took effect sometime March 2004. Offenses committed BEFORE this date are not covered by RA 9262. Based on your narration, these acts of your husband (which definitely fall under psychological violence) cannot be prosecuted since they took place before the date RA 9262 became effective. However, beyond March 2004, if your husband for example refuses to support you financially, then he can be charged with economic abuse.
Assuming your husband has committed certain acts after March 2004 and which are punishable under RA 9262, you have three options. You can file (1) a civil case for damages with a petition for Protection Order if it is applicable; (2) a criminal case with a petition for Protection Order if it is applicable; or (3) a petition for Protection Order only.
Please take note that Protection Orders are for definite reasons like compelling the man to give support, requiring the man to stay away from the wife and children, etc. Because of the physical separation between you and your husband, a Protection Order may no longer be necessary (except of course a protection Order for support). But assuming again your husband committed certain punishable acts after March 2008, then you can file either a civil case for damages or a criminal case.
2. As marriage counselors Drs. James Dobson, David Clarke and Willard Harley Jr have said, marital infidelity can sometimes be worse than child sexual abuse, addictions, etc. As proof, they say that you only have to experience marital infidelity once to know how devastating it can be. Please take time to read my articles on surviving marital infdelity from my Salt and Light blog:
Surviving Marital Infidelity
http://-salt-and-light-.blogspot.com/2006/01/surviving-marital-infidelity.html
"Sad Movies Always Make Me Cry"
http://-salt-and-light-.blogspot.com/2006/02/sad-movies-always-make-me-cry.html
Marital infidelity: causes, consequences and conclusions
http://-salt-and-light-.blogspot.com/2006/01/marital-infidelity-causes-consequences.html
thanx a lot atty.
i have another question: is it right for my husband to declare his other woman as his beneficiary even if they are not married?
1. You need to consult with the proper agency involved (GSIS, SSS, POEA, etc) as to their policies on who can be declared as a beneficiary.
2. This act of declaring another person as a beneficiary other than the legal spouse constitutes psychological vioelnce under Ra 9262.
thanx a lot atty. i already informed the OWWA and POEA about that and they said i should just consult a lawyer and thanx God i found ur site.
In that case, you should file a petition for Protection Order for financial support citing as respondents your husband, his employer. OWWA, POEA and SSS. You can ask the court to order OWWA, POEA and SSS to enter your name as your husband's beneficiary in all their records.
Dear Attorney;
I am an OFW. Since the day I went abroad I already heard that my wife is having an affair with other man. Only recently that I proved it true when my daughter who is now 10 years old confessed to me the infidelity of my wife. As a God fearing person I only asked her to leave our house and never come back again. My problem right now is our property which I acquire through pag-ibig using her name.What should I do to take away her right to this poperty which is a conjugal property and make this one as my exclusive property? Also, how to file an adultery case against her?
ATTY, as i said on my ist mail, my husband is at california and you know about him.. hes not supporting us financially..we hve a kid.. can i complain about that, do i hve stil to wait for his arrival here at phil..to complain that?
If and when you file for declaration of nullity of your marriage, part of the judgment of the court will be the liquidation of your community property. Please take note that everything acquired during marriage is presumed part of the community property, unless you can definitely prove that the property was acquired with your separate resources. You can also file for judicial separation of property. Please read my articles on these topics in this blog.
You can retain the services of a lawyer to draft an affidavit-complaint for adultery, stating therein whatever your evidence is. Please take note that in adultery cases, you need to include the paramour (the adulterous partner) in the complaint. Your lawyer will then file the complaint with the fiscal’s office.
Under Article 215 of the Family Code, your daughter can testify against her mother. But please consider also the traumatic effect on your child if you ask her to testify against her mother.
Chellsey,
From the point of view of Philippine law, there is not much you can do since your husband is outside the jurisdiction of our courts. As of now, you can try to ask the US embassy for whatever legal help it can extend. You can also avail of whatever benefits you are entitled to under the Solo Parents Welfare Act.
Hi Atty Galacio,
My husband had a relationship with another woman and as she claims had a child now 14 yo. My husband gave the woman who got married after 12 years ago a monthly support of 1500 for the child. My husband had a monthly income of 6000 a month then. Can I sue the woman or demand an explanation from the woman the reason why we are compelled to give her part of what is supposed to be ours financially? There is no proof of paternity and my husband did not acknowledge the child in any form.
According to my husband, he was forced to give the amount in order to protect his military carreer. He signed an aggreement without a witness, he was literally coerced in order to prevent dishonorable discharge. What can you say about this attorney?
Thanks and more power
Hi Atty Galacio,
My husband had a relationship with another woman and as she claims had a child now 14 yo. My husband gave the woman who got married after 12 years ago a monthly support of 1500 for the child. My husband had a monthly income of 6000 a month then. Can I sue the woman or demand an explanation from the woman the reason why we are compelled to give her part of what is supposed to be ours financially? There is no proof of paternity and my husband did not acknowledge the child in any form.
According to my husband, he was forced to give the amount in order to protect his military carreer. He signed an aggreement without a witness, he was literally coerced in order to prevent dishonorable discharge. What can you say about this attorney?
Thanks and more power
PS
Attorney, I mean the woman married after 2 years the baby came out and that was 12 years ago. Till now the woman wants part of my husbands retirement. Does she haveany right to that attorney?
The problem is that your husband’s act of giving financial support all this time can be interpreted in favor of the woman and her child. The child can claim under Articles 172 and 175 of the Family Code that she has had open and continuous possession of the status of an illegitimate child, and is therefore entitled to be supported by your husband.
In our law on contracts, however, we have what are called vices of consent, meaning factors which negate free will or volition and which can be used to annul contracts or agreements. Some of these are intimidation, undue influence, etc. As you narrated, your husband was only forced to sign the agreement. If and when the woman files a case against your husband, your husband can claim that he was coerced into signing that agreement.
Hi Atty. Galacio,
Thx for the reply, i'm so greatful about it... I have another questions to make.
1.Who can file for the nullity of the 2nd marriage of my husband? Is it possible that I may file it,(since he already chose to be with us than the concubine) or is it only my husband and the other woman can do so?
2. Can the other woman (2nd wife) sue my husband for pretending/cheating that he was single during the time of their marriage? Is it also bigamy? or I is it only me who has the right to file the bigamy case?
3. What assistance can these Phil. government agencies (DFA, POEA, OWWA, Dep't of Immigration) extend to my case, let say extraditing or deporting my husband from Singpore and face the bigamy case here in th Philippines?
4. What about the other woman, what case can i file against her, aside from adultery? (let say, deporting her and lose her job abroad)
Thank you so much, God bless you! -
thanx again atty for answering my questions. these are very helpful really. by the way, if i'm going to file a petition for a protection order, where would the sheriff serve the order and the notice in the merit of a PPO, at his agency or at his parents' address? Hindi kasi ako sure sa tinitirhan nya kasi they are only renting and the address which is stated in his POEA document may not be the same anymore. thanx again and more power.
You can give the court the address of the parents as being the last known address of your husband. Since the employer will be included in the Protection Order, you have to give also the address of the agency. The sheriff can serve the summons to the parents or any person of suitable age in the address indicated. If the parents refuse to accept the summons, the sheriff will tender (offer) the summons. If it is not accepted, then the sheriff issues a report and the summons is considered as served.
The Supreme Court Rule on declaration of nullity of void marriages state that it is only a party (the man or the woman) in the void marriage who can file the petition. Thus you yourself cannot file the petition.
There will be problems however if it is your husband who takes the initiative in filing for declaration of nullity. One, our courts follow what is known as equity, meaning, he who comes to court must come with clean hands. Your husband is the guilty party, having contracted a 2nd marriage when he was already validly married. If he files the petition, he will be admitting that indeed he has committed bigamy.
The woman of course can file a case of bigamy against your husband.
Adultery against the woman: This case must be filed, not by you, but by the woman’s husband (if any) against her AND your husband based on the provisions of the Revised Penal Code. The problem is that this took place outside of the Philippines and there will be a problem as to what place or court here in the Philippines where the case can be filed.
As to whatever assistance various government agencies can extend to you, you can seek information from their legal departments or from their public assistance desks.
Hi. I'm a wife of a lawyer. We've been married for 9 years now and having 1 child who is 8 years old. My marriage had a good start for 2 years and after my family lost our business and properties, my husband started showing indifference. He started coming home late and i started receiving stalk messages from anonymous numbers regarding my husband's philandering which he denied when interrogated. After sometime, he left the house and abandoned me and my child and lived with my in-laws. I did everything to win him back but to no avail. Sometime in 2005, a sister of mine found out about my husband's affair to an OB/GYNE working at the same hospital that she is working for. Shortly,I went to my in-laws' house and confronted him and they all denied the issue, stating the girl was just a family friend since childhood and in fact, was married with 2 kids. After this incident, my husband started coming home and visits, sometimes spending passionate times with me and this went on for years until one time i asked him about his plans, if he will ever go back home or not. He always says his parents need his company at home. Each time I tried to talk to him, he will always have a negative answer. In between those times, there was a child who was introduced to my daughter as an adopted child of my sister in law who's abroad. I was made to believe that the girl was totally out of the picture. Until last September 2007, my husband filed for annulment on the grounds of psychological incapacity on his part and threatened me not to attend the proceedings as he will file for a petition of our child's custody if I do so and he can put my family to jail since he has been handling my family's legal cases. Just recently, the girl publicly announced ( even to my relatives) that she is pregnant to my husband, admitting as their second child. Please advise me on what to do.
As a lawyer, your husband is bound by lawyer-client confidentiality, and so his threats of putting your family to jail can and will backfire on him. As a lawyer, he is also bound by the ethics of the legal profession. You can file the necessary petition for his suspension or disbarment as a lawyer with the Integrated Bar of the Philippines. You can inquire how to file charges against him at the Commission on Bar Discipline of the IBP in its main office at Julia Vargas Avenue, near Amberland Plaza and Metrobank, at the back of SM Megamall.
The suspension or disbarment proceedings usually take time. If time is of the essence in your situation, you might also ask for an appointment with the IBP National President and ask for his help. Each lawyer belongs to an IBP chapter and so you can also ask for help from the chapter president.
thank you very much. Atty., is it wise if i inform my husband about my plans in filing for a protection order so that if he wants to straighten this out without having to go to court, he may talk to me regarding the issue?
1. You must have the complete support and counsel of your parents and close relatives in this time of crisis. In terms of personal counseling, I can recommend to you Ptr. Clem Guillermo, a well-known marriage counselor. Ptr. Clem and his wife have a daily counseling program (10:30 PM to 12) called Heartline at DZAS 702 Khz. You can contact him through DZAS. Another Heartline counselor is Ptr. Mark Sosmena.
2. You must know thoroughly the provisions of RA 9262 especially on protection orders. Your husband is a lawyer and knows more about legal procedures than you do. You must not just be bluffing your husband about getting a Protection Order. If he becomes even more belligerent, then you must be ready with the help of your parents or relatives to immediately get a Protection Order. Even now, you must hire the services of a lawyer who can immediately file the petition for Protection Order if things get worse.
Hi atty, this is the lawyer's wife--your reply regarding protection order must be an an answer to somebody else's query. Anyway, thank you very much for the info and just to update you, my husband's mistress is threatening to sue me for unjust vexation and slander regarding my previous text messages to her when i found out their affair. Silly, but i know this will backfire to both of them.
Good pm atty,my family is planning to pull out all the cases that my husband is still handling for us, will there be any legal complications if we do this? He has been using the case as a form of harassment for me not to file any legal actions against him, that is adultery and disbarment. Is there any waiver or any legal document that could protect us for him not to meddle in the case? We are worried with his threats that he will re-open the dismissed case and put us all to jail. Obviously, he's using it as a form of defense but we would like to know what actions to take. Please advise me as my family is also worried for me and my kid. Lawyer's wife.
1. Ordinarily, once you tell a lawyer that you do not want him or her to represent you anymore, that lawyer will file with the courts what is known as Notice of Withdrawal of Appearance with copies furnished to all parties and opposing lawyers. If you retain the services of another lawyer or a law firm, that lawyer or law firm will then file a Notice of Entry of Appearance asking the court to send all future orders and notices to it.
2. If the lawyer for one reason or another does not voluntarily withdraw his appearance, then the client can file a Notice of Termination, where the court is informed that the client has discharged the services of that lawyer and has already retained another lawyer (or is in the process of doing so).
3. The only reason a lawyer will not voluntarily withdraw his appearance is when he has certain collectibles like unpaid legal fees from the client. In this situation, the lawyer whose services are being terminated has the legal right (called retaining lien) to hold on to documents, records and papers of the client until he has been paid what is due him.
4. If you are speaking of a dismissed CRIMINAL case, then there is no possibility of re-opening it since there would be issues of double jeopardy. Except, if the criminal case was merely PROVISIONALLY DISMISSED and ARCHIVED (and not dismissed with prejudice or finality), then there is a period within which it can be re-opened. In Regional Trial Court cases, the maximum period is two years from the time the case was provisionally dismissed. And certainly it will be highly irregular for any defense lawyer to ask for the reopening of the case since that will be prejudicial to the clients.
I suggest that you retain the services of a reputable law firm that will pave the way for a smooth and rancor-free turnover (if that is possible) of the records and documents from your husband to your family.
Gud pm Atty.
Ngayon ko lang po nabasa ang blogs niyo. May gusto lang po ako itanong tungkol sa marriage namin ng husband ko. Kinasal po kami last July 1994. Eversince po hindi kami nagsama ng maayos bilang natural na mag-asawa kasi palagi kami hiwalay-bati. Simula po nun nanganak ako sa bunso namin last Jan 1999, nakipaghiwalay na po ako ng tuluyan sa kanya kasi simula ng kinasal kami, hindi na niya naiwasan at naging Drug addict na talaga siya. Until now pa rin po. Then since 1999, hindi na po ako nakipagbalikan sa kanya. Ngayon taon na ito, nalaman ko na kapapanganak pa lang ng kinakasama niya. At isang kaibigan po namin ang nagsabi nun. Naconfirmed ko po na totoo ng tumawag ako sa kanila at kahit yun pamilya niya eh walang nagawa. Simula po nun naghiwalay kami 1999, hindi na po siya nagbigay ng sustento at ako na po ang nagtaguyod sa mga anak ko. Nuon ko pa po gusto magfile ng annulment kaso wala po ako malapitan na murang abugado. Gusto ko lang pong malaman kung yun sa case po ba namin eh hindi na po ba kailangan na magbayad ako ng malaki sa mga abogado? Baka po pwede niyo ako tulungan. Maraming salamat po.
Kahit po yun mga anak namin ayaw na siya kasama kasi nakita nila eversince na walang sinuporta sa kanila kahit pamilya niya. Nahuli pa nga po siya ng kaibigan namin na pulis sa isang operation sa isang lungsod sa manila na natyempuhan na bumibili siya ng shabu kasama ang girl na kinakasama niya ngayon. Malaki po ba ang chance ko na mapawalang bisa ang kasal namin at papaano po?
Hello Atty!
Can a daughter file charges to his philandering dad?
My dad has 2 daughters with another woman. I was hoping to get a copy of the kids birth certificate from NSO but I don't know their birthdates even their mother. Can the birth certificates be a proof so I can file charges against him? The kids are using my dad's surname.
Is there any other way I can get hold of their birth certificates?
Please help me. This is the only way I could get my mom believe that what I am saying and the other people in our neighborhood know is true. Thanks.
Chinita,
1. RA 9262 applies even to children. The law’s title is “Anti-Violence Against Women and their Children Act of 2004.” When the crime is committed against minors by strangers (those not related to them by blood), the applicable law is RA 7610. When acts of violence (psychological, economic, sexual, or physical) are committed by the husband/father, by the wife’s boyfriend or sexual partner, against the children, then RA 9262 is the applicable law. Your father’s philandering has caused you emotional and psychological harm and falls under the coverage of RA 9262. Thus you yourself can file a case of psychological violence against your father. The penalty for psychological violece is imprisonment of six years minimum up to twelve years maximum.
(By the way, in a very unique case, a father filed for a Protection Order in behalf of his minor children against the mother. Allegedly, the mother was physically abusing the children. The Court of Appeals ruled that this was allowed by RA 9262. I do not know if this case has been elevated to the Supreme Court. I disagree with the CA ruling since I believe that RA 7610 should be the applicable law. If you remember, the Supreme Court in the case of actress Plinky Recto ruled that RA 9262 cannot be used against a woman . The point however is that RA 9262 can be used by children against their own father.)
2. Since you do not know the names of these children, you can request the NSO to verify from its records as to the existence of birth certificates where your father’s name appears.
The NSO requires anyone applying for copies of documents to state the reason why he or she is applying for such. You can inquire first of all with the Legal Department of the NSO as to how you can obtain copies of these birth certificates. Or, you can ask a notary public to prepare for you an affidavit stating that you need the birth certificates for the purpose of filing an RA 9262 case against your father. You can then attach the affidavit to the application for copies of the birth certificates you want.
3. As marriage counselors like Dr. James Dobson has said, oftentimes the wife or the husband is the last person to know of the spouse’s adulterous affair. Finding out that someone whom you have believed in or looked up to has been having an adulterous affair can be very devastating emotionally. Please take time to read my articles on the issue of marital infidelity:
Surviving Marital Infidelity
http://-salt-and-light-.blogspot.com/2006/01/surviving-marital-infidelity.html
Marital infidelity: causes, consequences and conclusions
http://-salt-and-light-.blogspot.com/2006/01/marital-infidelity-causes-consequences.html
"Sad Movies Always Make Me Cry"
http://-salt-and-light-.blogspot.com/2006/02/sad-movies-always-make-me-cry.html
How to save your marriage alone
http://-salt-and-light-.blogspot.com/2006/08/priceless-counsel-from-bargain-sale.html
You have to file a petition for declaration of nullity of your marriage. The most commonly used ground is psychological incapacity under Article 36 of the Family Code.
As you noted however, the cost for this kind of petition is quite high; in Metro Manila, the cost can be from one hundred to two hundred thousand pesos. Outside of Metro Manila, however, you can find lawyers who charge much lower professional fees.
Hi Atty, i just want to ask how much is the standard rate of acceptance fees if i decide to file an adultery case and disbarment against my husband?
1. As I discussed in my article above, adultery is a crime committed by the wife and her paramour (adulterous partner). Under the Revised Penal Code, the crime that can be charged against a husband is concubinage (which is very difficult to prove in court). This is why I recommended in the article the filing of a psychological violence case under RA 9262 instead of concubinage.
2. Metro Manila lawyers generally ask for an acceptance or professional fee of fifty thousand pesos paid in full. Appearance fee ranges from Php 1,500 to 3,000 per hearing depending on where in Metro Manila the case will be heard. If the case is filed outside of Metro Manila, appearance fee could be a minimum of Php 3,000.
Hi again, Atty!
Can I file charges against the other woman? My dad's affair and the other woman is not just one sided. I mean, it takes 2 to tango. The other woman knows that my dad has a family even before their affair started. She can just say no, after all she was just 18 years old then.
What charges can I file against that woman?
Thanks,
chinita
chinita,
You can try to file a civil case for damages against the woman under paragraph 2 of Article 26 of the New Civil Code of the Philippines (NCC). The said article states,
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:
(1) Prying into the privacy of another's residence:
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.
The case is civil, meaning there is no imprisonment involved. You will be asking the woman to pay (indemnify is the legal term) you for damages she has caused to your family life. Article 26 belongs to that part of the NCC (Articles 19 to 36) dealing with Human relations. You can find these articles in the NCC section of my website www.familymatters.org.
Hi Atty,
I got to know your site from a friend. My concern is about my husband who is working in Malaysia for 12 yrs. I only found out just recently that he got married here again with the woman he is not living with in Malaysia since 9 years ago pa. I confronted him and he told me that it is true and he is now trying to make amends thats why he is bringing me and our two kids in Malaysia and separating with his mistress.
The problem is that he declared the woman as his wife in malaysia and the child they have as dependent in all their documents in malaysia.
If we go there what rights do i have over the other woman since they are also married in Malaysia and she is the legal wife there?
If in case, i wont agree to stay there and go back to Manila, how can I be assure that he will continue to support us? what legal measures can i take to make it happen? Can I file an concubinage case against him even if he is not in Manila?
Please enlighten me. Thank you and more power to you.
lost angel
Lost Angel,
1. Please read the questions of viewer facultee and my replies to her in the comments section of my article entitled "Can a mother be deprived of custody of her choldren?" Look for the link to the article and the comments in the sidebar. Your situations are the same except that her husband has a declared wife in Singapore while your husband is in the same situation in Malaysia.
As to what exactly your rights and remedies are under Malaysian law with regards that other woman, you have to inquire with the Malaysian embassy or consulate here or with a Malaysian lawyer.
2. As I discussed in this article, concubinage is very difficult to prove in court. This is why I discussed in this article that women in this kind of situation should file a case of psychological violence under RA 9262 instead of concubinage under the Revised Penal Code.
You can file a criminal case even if your husband is not in the Philippines. If and when the fiscal’s office files the case in court, the case will be archived (sent to the records) until your husband comes back to the Philippines. If he is then arrested or posts bail, then the case will proceed.
3. Please read my article in this blog entitled “Support for abandoned woman and family” (look for the link in the sidebar).
However, the problem even if you are able to get a Protection Order for support, it may be very difficult to enforce the order since your husband is in Malaysia (outside of the reach of Philippine laws). In the extreme scenario, you can file for declaration of nullity of your marriage where your community property will be liquidated and you can start living on your own.
hi atty.. i would like to ask for an advice. i was married at the age of 20. eversince my husband family never help us financial or even moral support. after three years of marriage i caught my husband cheating on me by acccident. in turnd out that he got the girl pregnant. i thougth it was just a simple affair but as research about it, his family knew about it even before. cause he sometimes goes to the province to work and thats were they started to have an affair. his mother even spread rumors that i pikot him. and some his relatives are telling me now that my husbands mom is the one tyring to cover up that track of the girl. cause i've been trying to know her excat location. we have two kids the older one is three and the youngest is only 9 moths old. what are the legal actions can i take against them. pls help me, thank you very much.. more power!
confused young mom,
1. You can file cases against your husband under RA 9262 Anti-Violence Against Women and their Children Act of 2004. You can file a criminal case for psychological violence (NOT concubinage) under RA 9262 where the penalty is six years to twelve years imprisonment. You can also file a civil case for damages under RA 9262.
Please read my articles on RA 9262 found in this blog. Look for the links in the sidebar.
The psychological violence case can only be filed against tour husband. If you want to charge the woman also, you have to file a concubinage case under the Revised Penal Code. HOWEVER, concubinage is very difficult to prove in court. What you can do is file a case of psychological violence against your husband under RA 9262 and a civil case for damages under the New Civil Code of the Philippines against h woman.
2. As for financial support, through a Protection order under RA 9262, you ca compel your husband to support you and your children. Please read my article entitled “Support for abandoned woman and family” also on this blog. You can use this link:
http://famli.blogspot.com/2006/10/support-for-abandoned-woman-and-family.html
hi attorney.. Im confused young mom.. thanks for your advice. i would like to ask again, what case can i file to my in-laws if i can prove their cooperation with the illicit affair of my husband? and what are the evidences that i can you use against them? thanks.. more power!
confused young mom,
As I said, a case of psychological violence under RA 9262 can only be filed against your husband. It might be possible to include your in-laws as accessories or accomplices in a case for concubinage under the Revised Penal Code. But if you ask any lawyer, concubinage is very, very difficult to prove in court against your husband and much more so against your in-laws.
If your husband is really bent on continuing his affair, it would be better for you to just concentrate of raising your kids even without him, instead of filing cases that will just consume your time, energy and peace of mind. As I said, however, you can and should make full use of RA 9262’s Protection Orders to compel your husband to support you.
hi atty. have a good day to you.
just wanted to know the needed evidences to file adultery. are text message stating that they had indeed engaged in sexual activities be good enough?
thanks and looking forward for your reply.
You did not state whether you are male or female. As I stated in this article, adultery cannot be committed by the husband since under the Revised Penal Code, it is a crime committed by the wife and her paramour. If extra-marital sexual activity concerns the husband, then the case that could be filed is either concubinage under the RPC or psychological violence under RA 9262.
Whatever case is filed (adultery against the wife and her paramour, OR concubinage or psychological violence), it is a CRIMINAL case. This means two things:
(1) Under the 1987 Constitution, the accused is presumed innocent until proven guilty; the burden of proving guilt belongs to the accuser.
(2) The evidence necessary to convict a person must be beyond reasonable doubt.
Proof beyond reasonable doubt does not mean such degree of proof as excluding the possibility of error or mistake. It is sufficient if it produces moral or absolute certainty as required by law. Moral certainty springs from such proof as will satisfy the judgment and conscience of the trial judge as a reasonable man , that the accused is guilty of the crime charged.
Text messages by themselves would not be enough to overcome the Constitutional presumption of innocence and/or to prove guilt beyond reasonable doubt. I doubt if the fiscal’s office would even file the case in court. This is because you would need to produce the SIM where the text messages are stored. Since you have the SIM with you (which in the first place belongs to your husband or to your wife), the defense can be validly raised that the text messages have been altered or manufactured.
You may of course consult other lawyers who may have different opinions regarding this matter.
The better evidences could be eyewitness reports; photos or audio recordings by a private detective; letters, etc.
thanks atty.
by the way, i'm a male. i've read certain messages that my wife and the guy are meeting some place and that they are having certain 'sexual activities'. i do not have any photos and audio recordings nor letters. unfortunately, i also do not have the SIM right now. are networks allowed to reveal text messages?
or do i need to come up with better evidences before i proceed with any legal actions?
thanks and more power.
1. As I explained, there must be proof beyond reasonable doubt before your wife and her paramour (both of them must be charged according to law) can be convicted in a criminal case. In a lot of cases, private detectives are hired to get the necessary information.
2. Networks will have to be judicially compelled (meaning, ordered by a judge) to reveal whatever text messages are in their computers. Also, as far as I know, networks do not store messages from pre-paid accounts.
Atty. good day!
I have been living with my partner for almost 3yrs now.He has been separated but not legally for 4yrs.His legal wife knows about us all this time she has not attempted to take legal action.
My partner and I decided to separate last Feb 2008, the thing is we found out I am pregnant with our second child.He asked to stay with me here in my house until I deliver our second child and since we are in civil and good terms I agreed bec. my entire family now leaves abroad.We have separate rooms and decided to stay as friends for the sake of our children.
Recently,He and his legal wife have reached and signed a notarized agreement regarding financial support to their child.In front of their lawyer both have stated that they have nothing to do with each other anymore and that it is only about financial support that the wife is interested with.Unfortunately the wife is now asking for more than he can provide financially.His wife is threatening to sue us.Atty. with the above circumstances that I have stated,what are the posible offenses?and what are the best step that we should take in defense.
Please reply soon.Thank you very much
Hi Atty,
I've been married since 2005 but just recently separated from my husband because I found comfort in the arms of another man. I truly love the guy that I'm with right now. I love my husband still, 3 years is still 3 years, but we just have irreconcilable differences and no matter how much we try we just couldn't patch things up anymore. Anyway we are still civil to each other and has given me his blessings regarding moving on and carrying on with my relationship with my current partner. Naturally, we now engage in sexual activities and is also planning about having children. WE have talked about the repercussions of this but we really want to start a family of our own. I'm not getting any younger and I have always wanted to be a mother.I know that I will be charged with adultery for this, but I cannot waitfor years just to have our marriage annulled. Will money really make a difference? Will it speed up the process of my annulment? Is there a law that could protect me or the "our" child from this situation. I am at lost and in dire need of your assistance. Thanks.
Hi Attorney,Im in a big trouble right now.. is it true that the legal wife can file concubinage or phychological violence against his husband or me using the evidence of my letter to her husband and our picture together? ..
Mindy,
1. The legal wife can file a case of psychological violence under RA 9262 against your partner. If she chooses to charge both you and your partner in a criminal case, the wife will have to file instead a case of concubinage under the Revised Penal Code.
2. If you continue to live in a dwelling provided by your partner, then that can be used against you and your partner in a case for concubinage. If your first child is using your partner’s surname, that is also evidence against you and your partner.
3. The legal wife can petition the court to issue a Protection Order for financial support against your partner and his employer. Please read my articles on RA 9262 and Protection Orders (you can find the links in the sidebar).
4. Please read my article entitled “Can a husband and wife in a notarized document declare that they are free to marry other persons and they will not file charges against each other?” http://famli.blogspot.com/2008/03/can-husband-and-wife-in-notarized.html
As you can read from the article, that kind of document does not have any legal effect which will bind the signatories.
However, you can possibly argue or use as a defense that the wife has already CONDONED of CONSENTED to your partner’s act of living in with you. Since the wife has known about your relationship fro several years, then condonation or consent by the wife is a possible defense for you and your partner. Please take note however that condonation or consent is NOT an ironclad or guaranteed defense. It cannot be guaranteed that judges would accept this defense especially if RA 9262 is used.
Even as I give you this bit of legal information about a possible defense, I have to tell you that live-in relationships are not in keeping with Biblical standards.
1. There is procedure followed by lawyers and judges in having a marriage declared null and void. You can read this in the Legal Procedures section of my Family Matters website. You would have to ask the lawyer whose services you will retain as to how matters can be expedited (meaning speeded up) within the bounds of the law.
2. The service I provide is free legal information AND Biblical counseling. I have to tell you that based on Biblical principles, your current relationship is considered as sin. The Bible has definite grounds for divorce (in our legal terms, annulment or declaration of nullity)and irreconcilable diference is not one of them. You can read about this in the article entitled “Divorce and remarriage.”
For psychological violence, the letter and picture may be enough evidence. However, for concubinage, much more evidence than a letter and a picture is necessary.
Atty. Good day once again.
Thank you for the advice from my post yesterday. Sir, I would like to reiterate that right now we are just friends and he is here with us only bec I am pregnant with our second child and that I have no family with me as they are all living abroad. We live in a house owned by my family and sleep in separate rooms. He has NOT provided me nor our first child any material thing since he has no job at the time we got together 3yrs ago.And he just got a job recently.Our first child uses my family name.
Is it best that he move out?
Please help me further.Thank you
Hi Atty! Can a concubine be charged with RA9262? If concubinage is not proven, can the accused supposed paramour file a case against the complaining wife? If possible, what case?
Mindy,
Under the circumstances, it is best that he leave the house.
Violation of RA 9262, as specifically stated in Section 3, paragraph (a) can only be filed against the man who is the husband, former husband, live-in partner, former live-in partner, dating partner or ex-dating partner, sexual partner or former sexual partner. The term used is “any person” so under RA 9262 the crime can also be committed by a “lesbian” partner against a woman.
If the crime of concubinage is not proven, then the accused (concubine) can file civil case of damages and/or criminal case for perjury (lying under oath), among others.
Atty,
My sister has just separated from the father of her 3 children a week ago.She is now in our ancestral home the province.
The father of her 3 children is not legally separated.We have already considered him as a member of the family since he has proven himself to be a good man to my sister and their children.They separated amicably and we agreed that he will continue to stay where they live which is owned by our family.
Atty, his legal wife is threatening to sue them. Can my sister still be charged with concubinage even if she is now separated from the father of her children? Is there any time frame to be separation so that one is not valid to be charged?
Please help.
ATTY,
My husband asked his freedom because i am starting to investigate his activities. I let him go, and now i knew that he has another woman. lately my kids knew it because he is parading the girl even in my in laws territory. My 2 kids got mad and they dont want to see their father anymore. Before, they see each other once a week. One of my inlaws told my daughter that they should see their father because he loves them so much. And she told her that they are not sure of the reasons why my husband left us. And insisted that probably I am having an affair with another man. What a torture for my kids and me. I decided to stop my kids in seeing my inlaws. Am i right in this action. My kids suffer so much, emotionally, mentally. Please help me.
Hello Attorney,
Like most of of the above my dilemma is about separation and financial support.I have been separated for 4years now(not legally) and provides financial support to my eldest. I have another child with my present partner who is now 18months old.My partner is pregnant with our second child.Atty here are my questions:
1)My first child with my present partner dont carry my family name. But i want him to, is it still possible to change the family name of my child who is 18months old to mine?How?
2)My salary is divided accordingly.My eldest get 1/3 of my salary as financial support. 1/3 for my other child and 1/3 for me.Now that I will soon have a 3rd child, I want all of them to have equal share.Since it's my money, can I make the decision? How can it be done legally. I know my legal wife will protest but I really want all my children to be equal.This financial support is notarized and signed by my legal wife and me.
3)by law, does financial support being based on basic income or salary?
4)does extra income or commission also included? or can it be considered as my personal money.
Atty, i hope you can help me asap.Thank you
As I discussed in this post, concubinage can be when a husband and the concubine cohabit or live together in a place other than the conjugal dwelling.
In the Philippines, we observe what is known as prescription of the crime, meaning, a case must be filed in court within a certain period. If the prescriptive period has lapsed, then the crime can no longer be prosecuted. Once a complaint has been filed with the fiscal’s office, the prescriptive period stops running.
This prescriptive period is based on the length or duration of the penalty imposed on a crime. Concubinage is punishable by a penalty of prision correcional in its minimum and medium periods for the husband. The penalty for the concubine is destierro (or exile). Prision correcional and destierro cover a period of six months and one day up to six years. The prescriptive period (the time within which the crime of concubinage must be filed) is ten years from the time the crime was committed. In your sister’s case, the ten year period will be counted from time she and the man last lived together or cohabited. Since your sister had just recently separated from the man, then the legal wife has until about 2018 to file the case (ten years from 2008).
1. Please read my articles on RA 9262 Anti-Violence Against Women and Their Children Act of 2004:
Hope and help for the battered woman (4): Emotional abuse/psychological violence
http://-salt-and-light-.blogspot.com/2006/06/hope-and-help-for-battered-woman-4.html
Hope and help for the battered woman (3): RA 9262 Protection Orders
http://-salt-and-light-.blogspot.com/2006/06/hope-and-help-for-battered-woman-3-ra.html
Hope and help for the battered woman (2): RA 9262 essential provisions
http://-salt-and-light-.blogspot.com/2006/05/hope-and-help-for-battered-woman-2-ra.html
Hope and help for the battered woman (1): Statistics on domestic violence
http://-salt-and-light-.blogspot.com/2006/05/hope-and-help-for-battered-woman-1.html
Support for abandoned woman and family
http://famli.blogspot.com/2006/10/support-for-abandoned-woman-and-family.html
Your husband’s infidelity and his acts of “parading the girl” are classified as psychological violence which is penalized by imprisonment of six years minimum up to twelve years maximum.
Under RA 9262, you and/or your children have the option of filing against your husband (a) a civil case for damages, with issuance of a Protection Order; (b) a criminal case, with a Protection Order; or (c) a Protection Order only.
2. Please read my articles on marital infidelity:
Surviving Marital Infidelity
http://-salt-and-light-.blogspot.com/2006/01/surviving-marital-infidelity.html
Marital infidelity: causes, consequences and conclusions
http://-salt-and-light-.blogspot.com/2006/01/marital-infidelity-causes-consequences.html
"Sad Movies Always Make Me Cry"
http://-salt-and-light-.blogspot.com/2006/02/sad-movies-always-make-me-cry.html
3. Spouses should strive to insulate the children from their personal conflicts. In the same way, in-laws should maintain a neutral stance and insulate their grandchildren from the adverse effects of the conflicts between the parents. But your in-laws are not doing so and instead are turning your children against you by their allegations of infidelity on your part.
It is essential that you and your children observe tough love towards your husband and their father. Please take time to read Dr. James Dobson’s book “Love Must Be Tough” available in bookstores. Please email me so I can send you some of these materials.
Atty thank you for the immediate reply.Sir you said that in my sister's case the legal wife has until 2018 to file the case, it is bec I gave the information about their exact time of separation. How then can one know the "prescriptive period" if no one will divulge the exact time of separation? And who will decide?In addition sir,my sister's children are using their mother's family name(our family name).What evidence does it take to prove that they did live together? Does testimonies from neighbors hold? Kindly give me insights of incriminating evidences against my sister.
Sir I myself admit that my sister made a mistake and now wants to start a new life.
Thank you.
Atty... how long po does this kind of case usually take in your opinion,knowledge and experience and percentage of conviction.
atty....
is the crime of adultery bailable?
and can text messages serve as a proof?
tnx..
Bob,
1. RA 9255 (which amended Article176 of the Family Code) now allows an illegitimate child to carry the surname of the biological father. You can ask a notary public to prepare an AUSF (Affidavit to Use the Surname of Father) and you can present this to the Local Civil Registrar so that the proper change can be made. If you had signed the birth certificate acknowledging the child, then under RA 9255 you have already given permission for the child to use your surname. Please inquire with the LCR or surf the NSO website www.census.gov.ph for the requirements under RA 9255.
2. Article 201 of the Family Code provides that “The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.”
This means that you cannot insist on your scheme of 1/3 share for each of children. Your eldest child (the one with your legal wife) is probably 3 or 4 years old now and therefore has needs different from your 18-month old child.
3. Your legal wife and/or your child can apply in court for a Protection Order under RA 9262 and they can compel you and your employer to support them financially, with a certain percentage of your salary to be set aside and remitted directly to them on a monthly basis.
4. The law does not distinguish between salary on one hand AND allowances and commissions on the other. Articles 195 and 196 provide that spouses, parents and children, etc are obligated to support each other to the FULLEST extent provided by law.
Adultery is punishable by a penalty of prision correctional in its medium (2 years, 4 months and one day) and maximum (from 4 years, 2 months and one day to 6 years) periods. Adultery is therefore bailable.
Text messages can be faked or manufactured, and thus may not be considered as competent evidence.
Your question is as to how the ten year period will be computed, if the legal wife does not know exactly when the crime occurred or when the last cohabitation took place.
Article 91 of the Revised Penal Code states that “the prescriptive period shall commence to run from the day on which the crime is discovered by the offended party, the authorities or their agents …” This means that the period within which the case must be filed is counted from the time the legal wife finds out (by whatever means) about the relationship between her husband and your sister. For example, if the legal wife finds out about the concubinage only in 2010, then the ten year period will start from there and end in year 2020.
Please read again the whole article. As I pointed out, concubinage is very difficult to prove in court. The evidence usually asked by lawyers from anyone wanting to file this kind of case are eyewitness reports from barangay officials and unbiased neighbors, receipts from landlords, Meralco, etc. This is why in this post I recommended that instead of filing a case of concubinage, aggrieved wives should file instead a case of psychological violence under RA 9262 (which is easier to prove). However, in RA 9262, the legal wife can only charge her husband; she cannot charge your sister. If the legal wife wants to charge your sister also, the case to be filed must be concubinage (which I said is very difficult to prove in court). Also, if the legal wife learns that concubinage is difficult to prove in court, she can instead of filing a criminal case against your sister, file a civil case for damages based on Article 26 of the New Civil Code of the Philippines. Please surf to my Family Matters website to read thus portion of the NCC.
blessings to you and your readers. thank you for your very informative site.
as it is, i'm in the process of getting an annulment on the basis of psychological incapacity. myself as the offending party. i was raped by two men back in college and blamed myself for what happened. life went on. i didn't believe in true love so getting pregnant would suit me best. but then i again, my options were always open and i decided to get
married at the age of 27 for the main reason of having kids, since my parents do not approve of getting pregnant out of wedlock.
the marriage was ok until i chanced on a TV news report featuring a gang rape victim. i was miserable for days and would cry uncontrolably. this happened on the 4th year of my marriage. from then on, i faked my union with my husband just so, i won't offend him.
on our 5th year my husband started to show signs that he is easily controlled by his mother and this caused the breakdown of our marriage coupled with a cold matrimonial bed, sent him packing out of the conjugal house and leaving the care of the kids and household solely to me for almost 2years.
i am now separated for 5 years and in the care of a baptist partner, who thank God has showed me the true face of a loving and forgiving God. he has a been the best father for my kids and we are just waiting for my annulment to legitimize our relationship.
just recently, my estranged husband forced me to excute an SPA to give up my rights over the conjugal property which is under the lordship of the mother of ex. since the property is included in my petition for annulment, i didn't agree for my kids' sake (looking forward to presumptive legitime since i run the risk to lose my share).
he is now threatening me with an adultery case which he claims will award him the property in whole.
my concerns are,
is his claim valid?
what can i do to protect myself? my lawyer advised that i file an R.A. 9262 case under Sec. 5(b)(c) and (e)? will this be enough?
can he file a the case when he is an OFW?
i am truly looking forward to your advise. God bless. God is good all the time!
You already have a lawyer handling your pending case. It will be a violation of the ethics of the legal profession if I counsel you on your case. Purely for purposes of legal information only, please let me state the following:
1. Even if you file an RA 9262 case, that may not stop your ex-husband if he really wants to make things difficult for you. You have to trust your lawyer and his/her recommendations (but at the same time learn everything you can about the law).
In our system of justice, a criminal complaint has to be filed with the fiscal’s office. The fiscal assigned to the case will then conduct a preliminary investigation. Your ex therefore has to come back here to the Philippines in order to file the complaint.
2. Please take time to read the following materials from Radio Bible Class that might help you in dealing with your difficult past:
When Trust Is Lost: Healing For Victims Of Sexual Abuse
http://www.rbc.org/bible-study/discovery-series/bookletDetail.aspx?id=48246&Topic=890
When Fear Seems Overwhelming: Finding Courage & Hope
http://www.rbc.org/bible-study/discovery-series/bookletDetail.aspx?id=48068&Topic=890
When Tragedy Strikes: Finding Security In A Vulnerable World
http://www.rbc.org/bible-study/discovery-series/bookletDetail.aspx?id=48004&Topic=890
Attorney my dilemma about child support. My partner and I separated recently and have 2 kids,I would like to ask him for child support but at the same time I dont want to open up new wounds for his legal wife. Though they were separated before I got involve with him, she has been so vocal about her bitterness and anger towards us. I'm a bit hesitant to pursue this but I believe that my children also have the right to be supported by their father as much as his child to his legal wife. They have a signed agreement for child support to their child.If I ask for child support I know that their agreement will have to change since his salary is still the same and he doesnt have other resources. What is the best legal thing for me to do?
Atty if a husband have filed for annulment can his wife still file for concubinage against me even when the annulment is still in process? If the annulment is granted is there other case she can file against me?
Atty., my sister filed for annulment and was granted this year. Can she still file for concubinage or psychological violenc to her ex-husband? Can my sister also file a case to the mistress who happens to be 16 or 18yrs old when the time the ex-husband cheated on my sister? (btw, the young mistress is now 20yrs old). There are a lot of witnesses in by ex-brother-in-law immoral relationship with the young mistress, even my nieces. The ex-husband most of the time bring along my nieces to his dates with his mistress. A friend of mine also confirmed their immoral relationship because he happens to know the young mistress personally. Can my nieces and my friend be the witnesses? In addition, their relationship started when my sister is pregnant with their youngest daughter and my sister had a severe depression that she almost died.
Atty good day!
I read in this blog that annulment will cost the petioner around 150-200thousand thus making it so hard for ordinary citizen like me to avail.Is there any lawyer around who charges much affordable fee yet dependable?Can you pls give a one that I can go to even just for consultation. Its hard to be trapped in a marriage wherein respect and love is totally gone.I have ruled out legal separation as an option bec of its clauses that I find unacceptable. Please help.Thank you.
Even if the annulment is granted, the crime of concubinage has already been committed. Thus the case can be filed against you (as the concubine).
I appreciate your awareness of the difficulties that your relationship has brought to your partner’s legal family.
In order not to worsen things between you and the legal wife, you can simply ask for support for your children and not for yourself. Please read my article “Support for abandoned woman and family” on how to obtain this support.
http://famli.blogspot.com/2006/10/support-for-abandoned-woman-and-family.html
Under Article 201 FC, the amount of support shall be in proportion to the resources or means of the giver (your ex-partner)and to the necessities of the recipient (your children). The court will decide on what is best for all parties concerned.
You can also avail of the benefits provided under the Solo Parents Welfare Act of 200. Please coordinate with the DSWD of your town or city on how to avail of these benefits.
Based on Biblical precepts, I have refused to accept annulment or declaration of nullity cases. As an extension of that stand, I am now refusing to endorse lawyers. People simply have to find by themselves lawyers who can handle their cases.
The figure of 150 to 200 thousand is for Metro Manila based lawyers. Legal fees are lower if a province-based lawyer is retained; for example, if the petition is filed in Leyte, and you get a lawyer from that area, the lawyer’s professional fees would be much lower.
A blessed morning Atty. Gerry,
In reference to post dated May 31, 2008 1:40 AM -Thank you for the valuable links you have posted for my healing.
My pro bono lawyer doesn't normally take annulment cases for the same reasons you have. Since she is my best friend and is privy to my experiences, she saw the action as my best resort to end my miseries and have my second wind.
Inexpereinced as she is in annulment procedures, your advise will be of great help to us.
1- are we making the right step that the annulment petition be alleged as prejudicial question if in case an adultery charge will be made by estranged husband?
2-if we file cases against each other, my ex with his adultery case and me with an R.A. 9262, will it progress, given that he will be out of the country for a year?
i pray that my atty cum best friend can mediate on our behalf, for the sake of our children. worse case scenario is that me & my ex end up in jail.
Atty kindly explain to me what does destiero really means.
In plain English, destierro is “exile.” Article 87 of the Revised Penal Code defines as the penalty of destierro:
Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius specified therein, which shall not be more than 250 and not less than 25 kilometers from the place designated.”
Destierro is a penalty imposed on several crimes, among which is concubinage. The range of the penalty is from six months and one day up to six years.
The rationale behind the penalty of destierro is to preserve the peace in the community where the crime occurred or where the family of the offended party resides. If the person (or the concubine) enters the restricted area, there is the possibility of the family of the offended party taking revenge or at the very least be emotionally and psychologically disturbed. If the concubine violates the sentence of destierro by entering the restricted area, there is a violation in the service of the sentence.
It is a violation of the ethics of the legal profession for a lawyer to provide counseling to a person who is already represented by another lawyer. I am giving you this information, however, on your assurance that it is okay with your lawyer.
There is a very old case US vs. Mata 18 Phil. 490 which provides that “For adultery to exist, there must be a marriage to although it be subsequently be annulled. There is no adultery if the marriage is void from the beginning.”
In making use of the annulment (if Article 36 is the ground, then the proper term is “declaration of nullity”) as a prejudicial question, it must be explicitly stated that there is no implied or express admission of guilt. Meaning, you cannot say that “yes, there was a sexual act between the parties but since the marriage is null and void from the beginning, there is therefore no adultery.” In our system of law, the accused is presumed innocent until proven guilty. It is the duty of the State (through the private complainant’s evidence) to prove the guilt of the acused.
For a case to push through, the court must acquire jurisdiction over the person of the accused. In simpler terms, the court acquires jurisdiction (1) if the accused is arrested); (if the accused posts bail; or (3) if the accused voluntarily surrenders to the court.
If your husband is abroad, then the court cannot acquire jurisdiction over him by means of arrest. In that situation, the court will issues what is called an “alias warrant” and then order the archiving of the case. That means that the case records will be sent to the archives so that the prescriptive period will not run. If and when your husband comes back here to the Philippines and he is arrested (or posts bail or surrenders voluntarily), then the case will proceed.
Thank you so much for your indulgence to my request. Your advise will be most considered by my lawyer. I have already directed her and a couple of friends who'll be having their bar-ops this year. Thank God for bringing me to your website and for my supportive legal team/friends. A blessed day ahaead!
Thank you so much for your explanation on "destierro". It was important for me to know that imprisonment may be ruled out as a punishment(is it?).Can you pls lay to me the sentence in worst case scenario .I have 2 children who are both toddlers and it's a relief knowing that staying away from certain places is much easier than being away from my very young children. My family owns houses up north which is at least 170 kms away from manila and properties down south which is at least 50-60 kms away from manila. If that distance is acceptable then thats good enough for me.
Atty I have other concerns, if and only if, sued and found guilty, can the father of my children still see them?
I have to be very honest that this family that we built may not have legal basis nor morally acceptable but my partner and I love and respect each other and our children are very close to us.
Love and relationship is indeed very complicated since we are bound not only by our emotions but by the rule of law and human(social) values. I just hope that people will not be too judgemental on us.
Again thank you and I hope to find some answer for my inquiry above.
1. The exact terms and conditions of a sentence of destierro will depend on the appreciation of the facts and the discretion of the trial judge.
As to whether your partner can still see his children, that would depend on whether the sentence imposed by the judge includes what is called “civil interdiction.” This refers to the suspension of a convict’s certain political and civil rights.
2. More than what other people may say or think about your situation, what really matters is what God says about it. It is clear from the Bible that sexual relations are only meant for married people. Since you are not married, from the Biblical standards, you and your partner are in sin. As Dr. Larry Crabb once said, “We prefer to see ourselves as wounded in our relationships rather than as sinful before a holy God.”
If you need prayers for the crisis you are going through right now, please visit this link: http://womentodaymagazine.com/chat/share.html
Sir good day!
In reference to what is posted above, is destierro the only penalty for concubines here in our country?
No imprisonment, no monetary payment involved whatsoever?
Kindly enumarate other posible penalties that have already been executed by our law to concubines.
What happens after the destierro period is over? And the man have suffered his sentence can they just go back to their normal life? I believe in our law one cannot be charged with the same crime.
Please inform me more...thanks
Destierro is the penalty imposed on the concubine (meaning the woman). The husband if convicted by the court of concubinage will suffer the penalty of prision correccional in its minimum (from six months and one day to two years and four months) and medium periods (from two years, four months and one day up to four years and two months).
Under our system of laws, a person who is criminally liable is also civilly liable. The court can require the guilty parties to pay damages (actual, moral and exemplary).
Destierro is a punishment under the Revised Penal Code because it is deprivation of liberty. After the destierro has been served, then the concubine regains her freedom (that is freedom to go back to the place that was once prohibited).
As you can read from my discussion, there are several pending bills in Congress and the Senate which seek to change the provisions of the RPC on adultery and concubinage to marital infidelity. As you can also read, I advise the filing of psychological violence under RA 9262 rather than concubinage under the RPC since the former is easier to prove and carries a penalty of six years imprisonment minimum up to twelve years maximum. But it is only the husband who can be charged under RA 9262. If the wife wants to file charges against the other woman (concubine), then the proper case to be filed is concubinage under the RPC.
Sir good day!
I just want to ask for your advice. For 7yrs. and 5 months now my husband did not go home to me nor have communicated. He left me with 2 children which is aged 11 and 9 now. He is in military service that time and when i have checked in the office they will say he is AWOL. So i have stopped looking for him cause even them they can't tell where he is. In 2005 i went to UK for work to be able to support my kids. Is my marriage with him still legal? What do you think is the best legal action to make my marriage void and where will i file it since i am not in the philippines?
You have several options for terminating your marriage.
1. You can file a petition for declaration of nullity of your marriage based on Article 36 or psychological incapacity. Declaration of nullity is however very expensive especially here in Metro Manila, AND you have to be here in the Philippines to file the petition and during the hearings of the case.
2. Another option for you is to file a petition for declaration of presumptive death for purposes of remarriage. If you want to get married again, then you can ask the court to declare your husband presumptively dead. The requirements for this petition are in Articles 41 to 44 of the Family Code (please surf to my website www.familymatters.org.ph). Again you have to be here in the Philippines to file the petition and during the hearings.
Please take note however that anyone with knowledge of where your husband is can file an affidavit of reappearance with the Local Civil Registrar, and your subsequent marriage will be automatically terminated.
Whatever option you take, through the lawyer you will retain, you can ask the court to schedule the hearings conveniently when you are here in the Philippines, or avail of what is known as “modes of discovery” like deposition, etc.
Please do not believe people who will tell you that since you and your husband have not seen each other for more than seven years, then your marriage has already become void. This is not true. Please read my article “If husband and wife have not seen each other for more than seven years, does it mean that their marriage is already void?”
http://famli.blogspot.com/2008/02/if-husband-and-wife-have-not-seen-each.html
Atty good day! I observed that you advice women to file a case under paragraph2 of Art.26 instead of concubinage against a concubine,and that since the case is civil, there is no imprisonment involved.The wife will be asking the concubine to pay for damages she has caused to their family life.
***Atty kindly give me insight on how much is that so called indemnity just for reference.
*** Is it based on the length of the relationship of the husband and concubine?
***Let's say that relationship is about 4years,how much will it cost the concubine?
***Is there any case the a wife can file against the concubine that carries the penalty of imprisonment?
Thank you so much for your time.
1. Indemnity can be given for actual, moral and exemplary damages. Actual (costs of litigation like what you paid your attorney), moral (to assuage or compensate what ever damage you suffered like emotional distress, sleepless nights, etc) and exemplary (so that the public will be forewarned not to follow the example of the defendant).
2. As the Supreme Court has explained, damages are not meant to enrich the complainant but to compensate for the damage incurred. In one instance (in a civil case not involving marriage relations), the trial judge awarded the plaintiff (the complaining party) FIFTY MILLION PESOS in damages. The Supreme Court struck down that part of the decision as being excessive.
3. Please take note also that upon filing of a case, docket fee (or filing fee) is required to be paid. The higher the damages sought, the higher the filing fee will be.
4. As to potential imprisonment for concubines, please take note of the proposed amendments to the legal provisions on adultery and concubinage in the Senate and Congressional bills I discussed above.
Sir thank you for the immediate answer,in addition to my questions above, does it mean that the financial status of the concubine is being taken for consideration when deciding on the damages to be paid?
And since it is only proposed, I take it that there is no case a wife can file against a concubine that constitutes imprisonment.
hi atty!
i would like to as if the birthh certificate of the child of my husband and his other woman, plus the records from poea wherein he has declared that woman as his wife be enough evidence in order for me to file a criminal case on concubinage against my husband and his other woman?
thank you.
hi atty!
this is in connection with chinita's comment regarding the action for damages caused by the other woman of her father to her family. that same thing happened to me. i would like to ask if the action for that be barred by a prescription. thank you.
1. In a trial, things go this way: The plaintiff (another term, the complainant) testifies on the witness stand as to what damages he or she suffered, for example, as to actual damages (how much he or she got charged in terms of the lawyer’s professional fee). In terms of moral damages, the plaintiff testifies as to what injuries were sustained (wounded feelings, emotional anguish, sleepless nights, besmirched reputation, etc). The lawyer then asks the plaintiff the question, “If you were to quantify the damages you suffered, how much would this be?” And the plaintiff answers, for example, “Two hundred thousand pesos in terms of damages.”
The trial judge is not bound to grant whatever the plaintiff alleges in terms of how much damage was suffered. In cases of slight physical injuries for example, trial judges grant normally only five thousand pesos in terms of damages.
2. It is not up to the plaintiff (or the aggrieved party) to decide what criminal case will be filed against a person. When a complaint is filed with the fiscal’s office, the fiscal decides what crime was committed based on the allegations and evidence presented. If the fiscal files the wrong case (through what is called “information”), then the accused can file a motion to quash the information (in simple terms, to set aside the information). If you allege that your husband and the woman lived together as man and wife, the fiscal will file a case for concubinage against both parties and no other case.
As I pointed out in this post, it is better to file a case of psychological violence under RA 9262 rather than concubinage under the Revised Penal Code. The penalty for psychological violence is higher (6 to 12 years) and it is easier to prove in court than concubinage. As for the other woman (the concubine), she can simply claim that she did not know that the man was married, that the man presented himself to her as being single.
The provisions of the New Civil Code on Human Relations do not provide for any prescriptive period. However, under our system of laws, we do observe certain principles as laches or of sleeping upon your rights. Ideally, once you suffer certain injuries because of another person’s actions, you should immediately file the necessary action for damages. If you delay unnecessarily in filing the case, your opposing party may invoke what is known in law as laches, that is, failure or neglect, for an unreasonable and unexplained lengths of time, to do that which by exercising due diligence could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled thereto either has abandoned it or declined to assert it.
The reason why our judicial system requires that cases should be filed immediately is because then people’s memories or recollection of events are fresh. A delay in the filing of the case blurs people’s recollection of events and may lead to fabrication of evidence.
In your case and that of Chinita, it is quite unique in Philippine legal experience. I am not aware of any case decided by the Supreme Court regarding children filing cases for damages against their father’s paramour years after the incident. However, please take note of the well-publicized cases in the US of children who were sexually abused by Catholic priests. (If I remember correctly, the current Pope during his recent visit to the US met with these child sexual abuse victims.) Cases were filed by these abused children decades after the alleged incidents and yet the courts there have awarded huge damages to these victims.
A father’s infidelity surely causes untold grief and suffering not only on the wife but on the children, as you have experienced. Please read my articles on the subject of marital infidelity:
Surviving Marital Infidelity
http://-salt-and-light-.blogspot.com/2006/01/surviving-marital-infidelity.html
Marital infidelity: causes, consequences and conclusions
http://-salt-and-light-.blogspot.com/2006/01/marital-infidelity-causes-consequences.html
I certainly do not know the depth of betrayal and hurt your mother, you and your siblings have gone through as brought about by your father’s infidelity. I am reminded however of a quotation by Lewis Smedes who said, “To forgive is to set a prisoner free and discover that the prisoner was you.”
If you can get hold of the book “What’s so amazing about grace?” by Philip Yancey, please read the chapter entitled “Why forgive?” In the book, Yancey mentions the story of Rebecca, the legal wife, who learned to forgive Julianne, the husband-stealer. Yancey also quotes another insight about forgiveness given by Smedes:
When you forgive someone, you slice away the wrong from the person who did it. You disengage the person from his hurtful act. You recreate him. At one moment you identify him ineradicably as the person who did you wrong. The next moment you change that identity. He is remade in your memory.
You think of him now not as the person who hurt you, but a person who needs you. You feel him now not as the person who alienated you, but as the person who belongs to you. Once you branded him as a person powerful in evil, but now you see him as a person weak in his needs. You recreated your past by recreating the person whose wrong made your past painful.
dear atty.
i have my bofriend for 3 years not knowing na may asawa na pala sya at kasal cla at pinangakuan nya ko na pakakasalan nya ko, pero ngaun iniwan na nya ko at niloko lang pala nya ko. paalis sya nxt month papuntang dubai! pwede ko po ba sya ireklamo? anu po ba ang dapat kong gawin? thanks po and godbless
i have my bofriend for 3 years not knowing na may asawa na pala sya at kasal cla at pinangakuan nya ko na pakakasalan nya ko, dahil may nangyayari na samen, pero ngaun iniwan na nya ko at niloko lang pala nya ko. paalis sya nxt month papuntang dubai! pwede ko po ba sya ireklamo? anu po ba ang dapat kong gawin? naun po ay tinataguan na nya ko, ayaw nya kong kausapin at pag nagpupunta ko sa work nya naka band na daw ako dun dahil nanggugulo daw ako pero ndi po ako nanggugulo. anu po ba pwede kong gawin at pwede ko po ba syang ireklamo? thanks po and godbless
Under RA 9262 Anti-Violence Against Women and their Children Act of 2004, you can file against your boyfriend (1) a civil action for damages, or (2) a criminal case for sexual violence or psychological violence, or (3) a petition for Protection Order.
With a case of psychological violence, you can send your boyfriend to jail six years minimum up to twelve years maximum.
In a civil action for damages or a criminal case, you can ask the court to issue a Protection Order. Part of the Protection Order, if you ask the court for it, is a Hold Departure Order so that your boyfriend cannot leave the country while the case is going on.
You can try to get free legal help from the IBP (Integrated Bar of the Philippines) chapter in your town or city, OR from the OLA (Office of Legal Aid) from the UP College of Law in Diliman, Quezon City. You can also ask the DSWD or the Women and Children’s Desk officer of the nearest PNP station in your town or city for help in filing a petition for Protection Order or a criminal case under RA 9262.
hi atty! thank you po for your immediate response at sana po may mangyari sa gagawin ko! sobrang thank you po, maraming maraming salamat po.
i am so blessed with the knowledge and insights i get from this site...may the Lord bless and guide you always Atty. Galacio..
may i ask for your help to enlighten me regarding the previous advice you gave about getting birth certificates from NSO..
because i would like to get a copy of the birth certificate of the alleged illegitimate child of my husband so i know if i can file a case under RA 9262...i already have a name of the child and his concubine..
my questions are since i'm planning of getting the birth certificate at NSO makati city hall, can i look for notary public attorney at the city hall to prepare an affidavit for me so i can get the alleged birth certificate of the illegitimate child?
i am planning to go there by myself, so is it ok if i have no witnesses to sign the affidavit? if witnesses are really needed, can somebody from the attorney's office sign as witness?
can you please give me an idea on what will be the contents of the affidavit i need to get the birth certificate? what will the attorney ask or what information will be needed to secure an affidavit?
may i also ask, how can i get a CENOMAR at NSO on my husband so i will verify if he's only married in church with me?
thank you so much...i hope you can have the time to answer my queries..
Dear Atty. Galacio,
there is no hope that me and my husband can be back together again so i have accepted the reality of raising our child even without him..
i would like to ask for your insight sir, with the many queries here in your site about extamarital affairs, it is so sad to realize that these affairs ar "in" nowadays and is not considered very scandalous nowadays..
from your experience in knowing and being asked about theses affairs...
i would like to ask if these extramarital affairs blessed by God all throughout its continuity?
will the affair last since people involved in those affairs are living in sin and have destroyed a marriage and a child's future of having a complete family that can support him/her as he/she grows up?
these questions are in my mind because there are a lot of people engaged in these affairs without fear of violating God's commandments...
i have observed that people engaged in these affairs are fully aware of their sinful acts and yet they still continue living in sin?
why do they continue living in sin? are they getting numb spiritually?
thank you very much sir...
Sir I would just like to comment on the last two ladies who posted their dilemmas(Christine and Kimberly).
With all due respect to both ladies, please know that not all extra marital affairs are the reason why marriages fail. Not all other women are as bad as you think, someone who stole husbands and fathers. I am not posting this to defend myself nor the others but there's a so called "case to case basis". I am with my partner for 4yrs now, we have 2kids, but i was never the reason why my partner left his wife.They were separated before I even came to the picture. I believe with his wife trying to publicize their disagreements, making a scene in his office and in public places,stalking friends and relatives is far more scandalous and I believe those are the reasons why he left her for good.If my partner has had enough money for annulment he would have done it a long time ago.True there are consequences in getting on with this kind of relationship.
I hope that you wont generalize when it comes to character.I also believe that for a marriage to work it takes two to tango. Before throwing criticism look first in the mirror not in a telescope.
Still without hypocrisy,I sympathize for your pain and hard to believe but I understand your anger.
Christine,
1. At the Makati City Hall (or at the nearby small building where the courts used to hold their sessions), you can look for the Public Attorneys Office (PAO). You can ask the PAO lawyers for help in drafting either an affidavit or a letter-request for the NSO in obtaining the documents you need (birth certificate, CENOMAR, etc).
2. You can also try to get a CENOMAR or other documents online through the NSO website at www.census.gov.ph . The CENOMAR costs about four hundred pesos the last time I checked.
Kimberly,
1. The DSWD has reported that 40% of the couples in CALABARZON are merely living in. That translates to about 90,000 couples who either do not believe in marriage or who are legally married to persons other than their current partners.
Some couples may not be separated physically but are living in what marriage counselors have referred to as “emotional divorce.” That is, they are living under the same roof but there is no longer any emotional, psychological or spiritual bonding. As one person said, “More marriages die not from physical violence but from silence.” Or as one pastor likes to say, “Nag-uusap lang kayong mag-asawa kung nag-aaway kayo.”
2. The Bible says that “marriage is honourable unto all and that the marriage bed is undefiled.” The term “marriage bed” in the King James Version of the Bible comes from “koite” in Greek and which is “coitus” in Latin. In plain English, it is “sex.” What it says is that sexual relations are meant only between a husband and wife. Anything outside of marriage is sin. With sin comes judgment, if not in this life, then after.
3. Please read the following articles (and my other articles from my Salt and Light blog at http://www.-salt-and-light-.blogspot.com) to help you cope with your current situation:
Surviving Marital Infidelity
http://-salt-and-light-.blogspot.com/2006/01/surviving-marital-infidelity.html
Marital infidelity: causes, consequences and conclusions
http://-salt-and-light-.blogspot.com/2006/01/marital-infidelity-causes-consequences.html
"Sad Movies Always Make Me Cry"
http://-salt-and-light-.blogspot.com/2006/02/sad-movies-always-make-me-cry.html
4. If you want people to pray for you for whatever your needs are, please follow this link to a prayer room for men and women: http://womentodaymagazine.com/chat/share.html
Joanna,
1. Please refer to my reply to Kimberly (above). In my seminars for pastors, churches and Bible schools, I have always said that people who are in difficult situations (like yours) should legalize their relationship. In the meantime, while the legal process is going on, there should not be any sexual relations between the partners.
2. The main difficulty is as you mentioned the high cost of filing a petition for declaration of nullity (for void marriages) or for annulment (for voidable marriages). In Metro Manila, the cost is from one hundred fifty thousand up to two hundred thousand pesos. If the petition is filed in the province (that is, if the petitioner is residing there), the cost could be much lower. The major portion of the cost goes to the lawyer’s professional fees.
More than the costs, however, the difficulty is in the conflicting views among pastors or ministers with regards “divorce and remarriage.” We do not have divorce here in the Philippines but we do have annulment and declaration of nullity which allow the spouses to marry other parties after the petition is granted.
Please take time to read my article “Biblical grounds for divorce and remarriage” at
http://-salt-and-light-.blogspot.com/2005/12/divorce-and-remarriage_26.html.In this article, I discussed the different views on divorce and remarriage of Ptr. Chuck Swindoll, Kerby Anderson of Probe Ministries and Herb Van der Lugt of Radio Bible Class.
If you can take hold of Anne Kristin Carroll’s book “Together Forever”, please read her discussion on divorce and remarriage. I have an article about this book in my Salt and Light blog titled “And the two shall become one … But which one?” but I was not able to include her discussion about this topic. The link is
http://-salt-and-light-.blogspot.com/2007/12/and-two-shall-become-one.html
For everyone:
Please take time to read my current Salt and Light blog article entitled "Lessons in love and life from Miriam Quaimbao" at http://-salt-and-light-.blogspot.com/2008/06/lessons-in-love-and-life-from-miriam.html . Thanks.
thank you sir, your blog articles have helped me a lot in realizing God's grace in my situation...
i do believe what "insight for living" bible teacher Chuck Swindoll said that "the basis of a good marriage is not love;it is commitment"...
i would say comitment to the person you exchange vows with..
whatever maybe the difficulties or trials they may have throughout their marriage they must commit themselves to each other that they can get through this difficulties or trials together, not separate from each other...
i also believe that what is good and true to the eyes of God and the Bible's teachings, cannot be altered or changed by man's own belief of what they want to do with their own life...
i know God has given us choices to make to follow His teachings in the Bible or not...it's up to us what path to take...
inspite of what happened to me, i'm choosing the right path and i trust God to make it up to me whatever losses i have in my life and i know that He loves me and will not forsake me...
Atty good day!
My partner and I have been together for 5years now, we have 2 children and have properties which are named either after my name alone or both.And he opened separate bank accounts for our children with monthly regular deposits.We also have few joint accounts.
I am a fulltime mother and housewife eversince we lived together.All our properties are acquired by his own earnings.
My partner is not legally separated and has one child with his legal wife.He gives child support as stated in their signed and notarized agreement.
Atty. his legal wife have recently learned abt. our assets and bank accounts including the bank accounts of our 2 children. She is so furious bec. their child only receives monthly support from my partner and they never had any joint properties nor account during the time that they were together.She came to our house and tells me that since she is the legal wife all properties acquired by my partner are also her property.
Atty are her claims valid even when most of our properties are under my name?what about those under both our names?
What about our joint bank accounts and the bank accounts of my 2 children?Does she have any claim also?
Since I never worked and dont have any proof to show my share.
Kindly guide me through.Thank u so much.
Since you are not married to your partner (who is legally married), Article 148 of the Family Code applies to your situation. The said article states:
In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.
This means that you have to prove that in the joint account, bank deposits, etc, you ACTUALLY CONTRIBUTED to them. If you cannot prove actual contribution, the property belongs only to your partner. Since, as you said, you are just a housewife, then it will be very difficult if not impossible to prove that you made actual contributions to the properties (bank accounts, assets, etc).
The legal wife can claim all these properties on the basis of the second paragraph of Article 148.
Sir just a follow up from above.
How about the bank accounts of our 2 children?
Does she have any claim as well to the properties and accounts that are under my name?
thank you.
In corporation law, we have what is called the principle of “piercing the veil of corporate identity.” This means that the separate and distinct legal personality of a corporation can be set aside in order to find out who the real party in interest is. In a similar way, the legal partner can take steps to prove that since you do not have any income of your own, the money used to purchase these properties registered in your name came from the husband and that therefore they belong to their community property or conjugal partnership.
Please take note however that if the legal wife cannot prove this, then Article 148 provides that ”n the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.’ This means that if the legal wife fails to prove this, then it will be presumed that you contributed to the purchase of these properties (or even that you bought them out of your own money).
With regards the bank deposits of the children, please take note that even illegitimate children are entitled to support under the Family Code and under RA 9262.
The real problem is that the legal wife can file a case of RA 9262 against your partner. If she wants to include you in a criminal case, then she will file a case of concubinage against you and your partner.
Dear Atty,
My parents got married in 1979 and in 1998, my father started having an affair. However, we only discovered his affair and met his other family recently. Anyhow, he bore 2 children with his mistress, one in 2000 and another one just last year, 2007.
I have 3 other siblings and the youngest one has just graduated. Suffice it to say that all of us are already financially stable. My father has retired from work and is receiving P35,000 as (lifetime) monthly pension.
My questions are:
1) Can my mother file for garnishment or fixed monthly share or the pension? What should be the ratio of the sharing?
2) Theoretically, can we (siblings) still claim for support?
3) My parents own a few properties and suppose they agree to sell, proceeds should be split between them 50-50, is it correct?
4) My father rents a house for his other family in Pampanga. Also, he declared a "marriage date" with the other woman in his other children's birth certificates. Can we file for Concubinage AND Bigamy? What other charges can we file?
5) My mother is in Canada, how can we file complaints/ claims against my father?
Thank you so much in advance.
1. Please read my article “Support for abandoned woman and family” also in this blog. Please look for the link in the sidebar. I also have a PDF version of this article which you can download at
http://www.familymatters.org.ph/PDF newsletters/Legal issues and family matters number 004 July 31 2008.pdf
Essentially, through a Protection Order, the court can require your father to set aside a certain percentage of his monthly pension to be remitted directly to your mother. If he fails to do so, then he can be held in contempt of court. A petition for Protection Order can be filed by the offended party or by any person who has personal knowledge of the facts.
You said that you and your siblings are already stable financially. You also said mother is in Canada. If she is employed or receives a certain subsidy, please take note of Articles 201 and 202 of the Family Code:
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.
2. Your parents got married in 1979 which means that the New Civil Code is the governing law in terms of property relations between them, specifically conjugal partnership of gains. The FC became effective only in 1988. Articles 126 to 133 FC govern how the conjugal partnership property will be divided.
Your mother should file against your father a petition for judicial separation of property AND ask a competent notary-public to draft a document disinheriting your father. You and your siblings can also disinherit your father. Please read my articles on this blog on disinheriting a spouse, parent or children. As it stands now, your father can still inherit from your mother.
If your mother files at least a petition for legal separation (which is different from annulment or declaration of nullity), the issues of separation of property and disinheritance will be taken up by the court.
3. Bigamy is a public crime which means that anyone with knowledge of the crime can report it to the authorities.
As I discussed in this post, concubinage is very difficult to prove in court and a case of psychological violence under RA 9262 is a much better option. You can download my PDF newsletter on this topic at
http://www.familymatters.org.ph/PDF newsletters/Legal issues and family matters number 002 June 30 2008.pdf
4. A father’s infidelity surely causes untold grief and suffering not only on the wife but on the children, as you have experienced. Please read my articles on the subject of marital infidelity:
Surviving Marital Infidelity
http://-salt-and-light-.blogspot.com/2006/01/surviving-marital-infidelity.html
Marital infidelity: causes, consequences and conclusions
http://-salt-and-light-.blogspot.com/2006/01/marital-infidelity-causes-consequences.html
I certainly do not know the depth of betrayal and hurt your mother, you and your siblings have gone through as brought about by your father’s infidelity. I am reminded however of a quotation by Lewis Smedes who said, “To forgive is to set a prisoner free and discover that the prisoner was you.”
If you can get hold of the book “What’s so amazing about grace?” by Philip Yancey, please read the chapter entitled “Why forgive?” In the book, Yancey mentions the story of Rebecca, the legal wife, who learned to forgive Julianne, the husband-stealer. Yancey also quotes another insight about forgiveness given by Smedes:
When you forgive someone, you slice away the wrong from the person who did it. You disengage the person from his hurtful act. You recreate him. At one moment you identify him ineradicably as the person who did you wrong. The next moment you change that identity. He is remade in your memory.
You think of him now not as the person who hurt you, but a person who needs you. You feel him now not as the person who alienated you, but as the person who belongs to you. Once you branded him as a person powerful in evil, but now you see him as a person weak in his needs. You recreated your past by recreating the person whose wrong made your past painful.
Good day Atty.
I just read all the post here in your blog, i want to seek advice from you. i wanted to know if what are the hard evidence that a legal wife can be use to file a case to the other woman of her husband?
She's been dating with a married man but they were already separated because of her. my friend and this guy leaved together for almost a year and his wife found them together and brought his husband back home. after a few days they started seeing again then a week after they fought inside the car together with their kiddos both of them have scratches and bruises. his wife threatened him the same night to putting him behind bars. for them to stop the guy decided to voluntarily go to the precinct and so it happened infront of thier kids. it was the time the guy decided not to talked to her nor even sleep in one bed. after a week they started arguing again because of the house title that was kept by the guy for safety purposes but the wife doesn't believed him the wife accused him that he gave the title to my friend but the actuaal fact is the title was only kept inside the house. somebody kept it from him. the guy already lost his temper so the guy want to leave the house to prevent hurting one another. that was again the day they separated coz the wife doesn't want him to go home and kept all his clothes & other stuff, for 1 week he slept only inside the car my friend felt sorry for him and accompanied him for 1 week while he can't get a room. by these time they were not together in one roof but the were dating most of the time. few weeks after the wife files a case over him of RA 9262 for not giving a child support for only a month because he uses the money for buying new clothes for work coz he left the house wearing ony t-shirt and short no bags no jewerly at all. they end up of a contract of giving the wife of 15thousand a month as his support for thier kids. and so to them they decided to separate. i don't know the exact content of the contract but the wife really don't want him to be home anymore. here is my question, til now they never communicate to one another he visits his kids every week.
Now i'm wondering can the wife can still file a case over them? can she used the statement of seeing them together in one roof? could they be behind bars? can you please help me. what are their chances? what are the evidences that the court would accept?
i just want to give my friend an advice that's why i'm seeking help from you atty.
Thank you in advance. More power.
1. Under our system of laws, the accuser must prove the guilt of the accused beyond reasonable doubt. Under our Constitution, the accused is presumed innocent until proven guilty.
2. Please read the following decisions of the Supreme Court and Court of Appeals involving concubinage so you will know what evidences our courts have taken into consideration. You can try surfing the Chan Robles website for these cases, or you can go to the libraries of law schools and ask for help in locating these cases. (The numbers on the left represent the volume while the numbers on the right refer to the page.)
Penaranda vs. People CA-G.R. CR No. 27999
Lopez vs. Secretary of Justice CA-G.R. SP. No. 62360
People vs. Santos 45 OG no. 5, 2116
US vs. Macabahag 31 Phil 257
US vs. Casipong 20 Phil 178
US vs. Campos Rueda 35 Phil 51
People vs. Pitoc 43 Phil 758
Ocampo vs. People 40 OG 626
People vs Ochate GR no. 01356, Sept. 16, 1967
Essentially, with regards concubinage, “to “cohabit” means “to dwell or live together as husband and wife although not legally married, to live together at bed and board.”
Good day Atty.
It's me again, thank you for the info's i'm going to look for chan robles website for my reference in regards to my friends problem. i'm just wondering coz myb friend was planing to go abroad these year and just want to ask if the wife can pass a hold deparure order? anyway atty. thanks again.
good day sir,
i would like to ask the proper actions to be taken and proper case to be filed to a wife who committed a sexual infidelity with a married man who's wife is pregnant of the 2nd child and with a 3 year old daughter. she was found pregnant when she fainted in the hospital ER, it was standard procedure for these hospital(which is in abroad) to conduct test for such cases. immediately she was terminated from work and now in hiding from his husband. as to the married involved man, what cases should be filed against him? thus civil and moral damages also applies to the poor husband and his children? what possible manuever could his wife and the man involved may do to avoid the full extend of the law? thus psychological violence could also be filed by the husband? as to the children i do believe that the husband has a very good chance for the custody of the children, thanks to your acticles.
have a nice day.
Good day atty!
Tanong ko lang po di ba ang penalty para sa psychological violence is minimum of six years up to twelve years of imprisonment? Just want to clarify lang po if that penalty is just for the husband who committed the crime or it is also applicable with the husband's mistress? Is it also bailable? Does Concubinage and psychological violence be filed at the same time?
Thank you so much.
1. The penalty for psychological violence under RA 9262 is six years. If the crime is committed while the woman is pregnant or in the presence of the common children, then the maximum penalty of twelve years is applied.
Only the man can be charged under RA 9262. The mistress cannot be charged under RA 9262. As I explained in this post, if you want to charge the mistress also, then the proper case is concubinage under the Revised Penal Code. (The penalty for the mistress in concubinage is destierro which I already explained in the comments above.)
Concubinage and psychological violence are both bailable.
2. Psychological violence is punishable under RA 9262 (a special law). Concubinage is punishable under the Revised Penal Code. It is possible therefore to file both cases against the man. On a practical basis, however, lawyers will tell you to concentrate on filing only one case.
Hi again atty, I was the one who asked the question about the psychological violence and concubinage above. I got another question lang po. What if the husband is a catholic and married in a catholic church then have himself converted to muslim to marry his mistress who is a muslim. Is that marriage of the husband and the mistress valid? Can the wife can still file a case of pychological violence and or concubinage? And how much usually is the bail for the husband and the concubine for both cases?
thanks so much and more power.
Good day Atty Galacio,
I just want to seek for any legal advice regarding my father. Recently, we found out that he has a mistress and been seeing each other near our house. So we decided to take a photo of his mistress for our identification. The mistress and I had a confrontation. She got wild and said vulgar words against me, even calling us and giving us bomb threats.Its been a week since that confrontation happened and until now she makes effort to talk to my Dad even going to my aunt's house and seeking for updates about my Dad. My Dad promised that he'll stop and stay with us...because we talked to him and asked him to choose between his family and that mistress.
My question would be, is it possible to charge concubinage only to the mistress and getting my Dad as a primary witness but we will not include him in the case? Only the mistress will be filed since we trusted our Dad that he'll be loyal to us from now on.
Thank you very much in advance...this blog really helps a lot!
Grace,
As I discussed in this post, in concubinage, your father and the woman must BOTH be charged. It is not possible for your father to simply be a witness against the woman since concubinage is primarily directed against the man.
As I discussed, a civil case for damages under Article 26 of the New Civil Code can be filed by you against the mistress.
However, the mistress can retaliate by filing RA 9262 cases against your father.
thank you very much again Atty. Galacio...this was a great help :)
Good day Sir!
I would like to refer to the problem posted by Grace since we almost have the same issue.Based on your reply "the mistress can retaliate by filing RA9262 against the father"
Sir what specific case can the mistress file under RA 9262?
Please refer to my posts on RA 9262 also in this blog. Look for the links in the sidebar.
Violence under RA 9262 can be physical, psychological, sexual or financial/economic.
RA 9262 applies to legal wife, live-in partner, ex-wife, ex-live in partner, mistress, girlfriend, ex-girlfriend, dating partner.
Hi Atty.. can you pls explain further the meaning of "under scandalous circumstances" in concubinage?
Marj,
One example of “scandalous circumstances” as pointed out by Dean Nolledo : “If the husband and his paramour have carnal acts imprudently done in a neighborhood of decent people who could see the culprits lying side by side together, the husband is guilty of concubinage.”
Please read the following decisions of the Supreme Court and Court of Appeals involving concubinage so you will know what concubinage is all about. You can try surfing the Chan Robles website for these cases, or you can go to the libraries of law schools and ask for help in locating these cases. (The numbers on the left represent the volume while the numbers on the right refer to the page.)
Penaranda vs. People CA-G.R. CR No. 27999
Lopez vs. Secretary of Justice CA-G.R. SP. No. 62360
People vs. Santos 45 OG no. 5, 2116
US vs. Macabahag 31 Phil 257
US vs. Casipong 20 Phil 178
US vs. Campos Rueda 35 Phil 51
People vs. Pitoc 43 Phil 758
Ocampo vs. People 40 OG 626
People vs Ochate GR no. 01356, Sept. 16, 1967
Hello Atty.
I have been reading the content of this blog and since the topic is all about adultery and concubinage and also about RA9262 most of the problems are about the infidelity or abuse of the husbands.
Sir my question is, if the wife/woman can file a case under RA 9262 if she is verbally abused, how about if it's the husband who is verbally abused?
The husband can file the appropriate cases against the wife under the provisions of the Revised Penal Code (for example, oral defamation, threats, unjust vexation, etc).
good day atty!
i just wanna seek some legal advise about my present condition...i got pregnant by a married guy (i only learned that he's married when im 2mos pregnant). my initial reaction was to broke up with him. we have no communications for like a month, but during that time his wife was constantly calling/texting me ugly names. i understood his wife's feelings, too so i just ignored her.
unfortunately, the guy came back to me and really caused too much complications among us. to cut the story short, they are living separately now, the guy is living with his parents and the wife in her apartment.
however, im still seeing this guy especially when im having my monthly check-ups. he said he wanted to take responsibility with the baby. but we are not living together, im seeing him just for my baby. we're planning to have the baby use his name, too.
the problem is, the wife and her family is constantly harassing me through phone calls and text messages and even sending me threats...and this really bothers me emotionally, afterall i didnt want this to happen to us, im a victim of the situation, too.
please help, what can i do to stop them from harassing me? if ill gonna let my baby use his father's surname, can the wife use that against me? (btw, the guy is supporting the wife and their child, hes atm is even with his wife and im not accepting any financial support from the guy).
please help..i really need enlightening advise right now. thank you and God bless!
hi ms. confused,
i appreciate your being able to share your story here in atty galacio's blog. i dont wanna condemn you but it is really important to have a background check with the person you're dating or will be dating so that it won't lead you to a problem like that. i am a legal wife whose husband is in the arms of another woman and you could never imagine how hurt i have been. it's good that you are not living together. if i'll be asked about your plan to use the father's surname for your baby, i would say you must use it so that your baby can claim for support and perhaps inheritance in the future. always think what's best for the child. goodluck to you and i hope that you won't take this unsolicited advice against me.
Ms. confused,
1. Please read my article titled “What surname should illegitimate children use? Problems and issues with RA 9255 and its implementing guidelines” also in this blog. Look for the link in the sidebar. Please also read my article titled “Support for abandoned woman and family” on how to get support from the father of your child.
Please think very seriously about using the man’s surname for your child. Several women have e-mailed me before about trying to undo the effects of RA 9255 (the law which allows an illegitimate child to use the father’s surname). When there was a falling out in terms of the relationship, these women then wanted to have their child’s surname changed to their maiden surname. (Please take note however of the problems and issues I discussed in my article on RA 9255.)
2. You can of course file the necessary charges (civil or criminal) against all persons making these threats against you. The problem is that the legal wife can retaliate by filing charges against you.
In terms of a criminal case, what the legal wife can file against you is concubinage (for being the concubine) under the Revised Penal Code. Please take note however of two things: (a) the man must be charged also; the legal wife cannot file the case only against you; and (b) you can claim as your defense that you did not know about his marital status when you had your relationship.
In terms of a civil case however the legal wife can file a case of damages against you on the basis of Article 26 of the New Civil Code of the Philippines.
3. The man himself who caused all these problems (by being unfaithful to his wife and deceiving you by not informing you of his marital status) can be charged with violation of RA 9262 both by his legal wife and by you.
4. You committed sin by having sexual relations outside the bonds of marriage. Your life will continually be in trouble by maintaining that relationship with the father of your child (even if now that relationship is more emotional than physical). You should pick yourself up, raise the child by yourself and with the help of your own family (without prejudice to the legal remedies that you have against the man to provide support to your future child). You should also avail of the benefits (however meager they may be) of the benefits provided by our Solo Parents Welfare Act of 2000.
good day!
thank you very much atty. galacio for your advise. you helped me realize how to start picking-up myself from my downfall..im really glad i did seek for your advise. God bless you and your family!
to anonymous...thank you for your advise, too. what happened to me was a really great lesson and have learned a lot from it..tnx for not judging me. have a blessed life
how i wish i can see you personally, right now im hopeless woman... i was rape at 6 yrs old. at age of 20 i informed my bf about that.... four times i had suicide... to run from that dark side i beg my bf to marry me knowing he dont want to have me as his wife.i was clinically diagnose severe depression before my marrige, inspite of that he agreed & had our vows.... afterwards too much mental abuse, sexual insults for me being his wife, public humiliation..ignoring me & our son finacially,womenizer that resulted us to separate..he had a livein partner at that time after 2 yrs of separation.... i found my partner too in that i have baby with my new partner without having annulment.... any advise what to do now? Am I too late? Can i file annulment this time its been 8 yrs of separation.....
Respectfully,
hopeless woman
hopeless woman,
1. Despite the eight years of separation, you are still legally married. Please download my free PDF newsletter on this topic: “Issue no. 003 July 16, 2008 "If a husband and wife have not seen each other for more than seven years, is their marriage automatically void?". You can use this link:
http://www.familymatters.org.ph/PDF newsletters/Legal issues and family matters number 003 July 16 2008.pdf
Please read the Frequently Asked Questions section of my Family Matters website (www.familymatters.org.ph) as to your options on annulment (voidable marriages) or declaration of nullity (void marriages).
2. Yu need long-term personal counseling which I cannot provide by e-mail or through this blog. You can seek counseling from Ptr. Clem Guillermo and his wife, well-known marriage and family counselors. They have a daily radio program called “Heartline” at DZAS 702 Khz at around 10:30 to 12 in the evening. You can contact them through DZAS.
3. Please take time to read the following resources for you to learn how to deal with your troubled past:
When Trust Is Lost: Healing For Victims Of Sexual Abuse
http://www.rbc.org/bible-study/discovery-series/bookletDetail.aspx?id=48246&Topic=890
When Fear Seems Overwhelming: Finding Courage & Hope
http://www.rbc.org/bible-study/discovery-series/bookletDetail.aspx?id=48068&Topic=890
When Tragedy Strikes: Finding Security In A Vulnerable World
http://www.rbc.org/bible-study/discovery-series/bookletDetail.aspx?id=48004&Topic=890
One thing you should always remind yourself is that what happened to you when you were at age 6 was not your fault. You were the innocent victim of one person’s sin, lust and crime.
Sir good day!
May I refer to the messages posted last June 16-19.
I am currently living with my partner for 5years now and partner is not legally separated noe annuled. Though his legal wife had known about us from the very start there are times when she still threaten to sue us.
I have stopped working since my partner and I decided to live together, which means I have no means of income or any property in all forms.I have to admit though that I was able to buy whatever I want and live the way I'm used to because my family provides them for me.
Atty my question is: If ever sued and convicted... since i have no work or property, will the court consider the financial status of my parents/family with regards to the indemnity?
What happens if I dont and wont be able to provide those indemnity?
The indemnity is based on whatever damages (actual, moral, exemplary, etc) that the complainant is able to prove, and NOT on the financial capacity of the accused or of her family. If the complainant wins the case and damages are awarded, then the complainant files a motion for execution. If the court issues the writ of execution, then the court sheriff demands that the accused-convict pay the damages awarded by the court. If the accused-convict is not able to pay, then the sheriff levies or in layman’s terms gets the personal and then the real properties and sells them at public auction. Or, the sheriff may resort to garnishment if the accused/convict is employed (that means that a certain percentage of the salary is set aside for the payment of the damages). Or the sheriff may garnish whatever bank deposits the accused-convict has.
The execution may be done by motion within five years after the court judgment. Or by a court action beyond five years. The point is that the execution of the court-awarded damages may be done if the complainant is able to identify and locate whatever properties the accused-convict has.
Good day Sir,
I have read so much in this blog about infidelity. As i go along the posted messages and your answers, I came to a conclusion that it seems useless taking a mistress to court. First of, concubinage is hard to prove, then even if convicted there is no imprisonment involved but only destierro for a couple of yrs or so.And in civil case,indemnity is also far fetched if the mistress has no job or property.
It may be a sad scenario but the best option is for a legal wife to seek child support and move on with her life.
Sir, please correct me if i understood otherwise.
1. Please take note that I recommended in this post the filing against the philandering husband of a case for psychological violence under RA 9262 rather than concubinage under the Revised Penal Code.
While concubinage may be difficult to prove, husbands have been convicted of this crime. But as I discussed the penalty for psychological violence is higher.
As to the mistress, it is true that she cannot be charged under RA 9262, and that the penalty for her in concubinage is destierro (exile). Destierro may seem like a mere slap on the wrist but please remember that the Revised Penal Code became effective in the 1930’s. Perhaps our legislators from Congress and the Senate should address this issue of changing the penalty for the concubine.
2. Is there hope or life after an adulterous affair? Please read my articles on the issue of marital infidelity in my Salt and Light blog www.-salt-and-light-.blogspot.com
Surviving Marital Infidelity
The grass is not greener on the other side
"Sad Movies Always Make Me Cry"
Marital infidelity: causes, consequences and conclusions
Priceless counsel from a bargain sale book: “How to save your marriage alone”
Greetings of Peace! Nalaman ko po ang aking asawa na meron ng kinakasamang ibang lalaki.Umalis po ang aking asawa at sumama sa lalaki sa loob ng 7 araw. Sa katunayan na kapag file na ako ng kaso laban sa kanya at sa kanyang kinakasama.Hinihintay na lamang po ang subphoena sa kanila. Pero nakiusap ang magulang ng asawa ko na iatras ko na daw po ang kaso.Gusto ko ng iatras ang kaso dahil naging mabuti naman po sa akin ang mga magulang ng asawa ko at mga kapatid nya sa akin. Gusto ko sanang makulong ang kinakasama ng asawa ko, pero ayaw ko makulong ang asawa ko kahit na meron siyang ginawa sa aking pangloloko.Ano po ba ang pwede kung gawin? pwede po ba na yung lalaki lng ang makulong? O pareho silang dalawa? Ano po ba ang dapat kung i file ng kaso sa lalaki maliban sa adultery? Kung adultery ang i fifile ko ng kaso alam ko pati ang asawa ko makukulong. Kung hindi ko man itutuloy ang kaso? Pwede ko bang pagbayarin na lng ng danyos perwisyo dahil sa ginawa nilang kahihiyan sa akin,Naguguluhan po ako..sana po matulungan ninyo ako.
The crime of adultery under the Revised Penal Code must be filed against BOTH the wife and the adulterous partner. You cannot file the case only against the man.
In terms of civil case for damages, you can do so. But even if you win the case, nothing will come out of it if your wife and the man do not have any money or property by which they can pay the damages.
Atty, good evening.
Wife has been PROVIDING for the 70%of the family's needs since the beginning of marriage.
Husband is a compulsive liar, a gambler and irresponsible.
Husband left the family home last January 2007. Wife had a relationship with another man on April 2007. Husband has been trying to get evidence on wife's infidelity but was only able to get it when wife was about to give birth to the OTHER man's son on March 2008. This time proof of adultery is undeniable because of the baby.
However, husband didn't file adultery charges after a lot of prodding from his own family.
Now after six months, can the husband still file for adultery even after the assumption that he has forgiven the wife?Until when can he still file for adultery? Sometimes, husband threatens to take away the children -- all minors -- or file an adultery case against the wife just to stir up the wife's life.
By the way atty, wife and the other man no longer have a relationship since before wife gave birth.
Adultery is punishable with a penalty of prision correccional in its medium and maximum periods.” The prescriptive period for this kind of penalty is ten years, meaning, the husband has ten years from the time he found out about the adulterous act to file the case.
The issue of adultery is distinct and separate from the acts of violence (threatening to take \away the children, for example) being committed by the husband against the wife. The wife can file RA 9262 Anti-Violence Against Women and their Children Act of 2004 where the penalty for psychological violence is minimum of six years up to a maximum of twelve years. The maximum penalty is imposed if the crime is committed when the woman is pregnant or in the presence of the common children.
Meaning, if the husband files a case of adultery against the wife, then the wife can also file a case of RA 9262 against the husband.
Good day Sir!
I am an immigrantwho wants to petition my brother and his family.
My brother is not legally separated with his wife.They have been separated for 5yrs and he has been living with someone else for 4yrs and they have 3children. My family was not aware that he married(civil) the mother of his 3children recently in which became his wife #2.
Sir is the marriage registered in NSO?
Atty if my brother will apply for passport can he declare wife#2 in the application form or other documents as his wife?
And can wife#2 declare the same thing?
I want to petition them as family, i mean him,wife#2 and their children.
Will there be problem if wife#1 will NOT act on her rights?My brother has no communication whatsoever with wife#1 since he left her and for all we know wife#1 isn't aware of my brother having wife#2.
Please advise me.Thanks so much
1. You can check with the National Statistics Office through a CENOMAR (Certificate of No Marriage, sometimes called Certificate of Singleness). The NSO will conduct a check of its records and issue the corresponding document stating what marriage certificates if any are in your brother’s name. Please take note however that under the Family Code, the marriage certificate is not an essential or a formal requisite of marriage.
2. Please take note that bigamy under the Revised Penal Code is a public offense. meaning, even if the first wife does not do anything about it, any person with knowledge of your brother’s bigamous marriage can file the case against him.
Sir thank you for the reply.Does it mean sir that no matter how many times a person will get marry,even if the other marriages arent dissolved or annuled,all the other marriages are still registered in NSO?
Sir in your knowlegde,if my brother will declare wife#2 in his passport application will DFA allow it?and same case with wife#2's passport application.Will DFA know if a person is married several times?
I'm a mother of 3 and having a relationship with a lesbian. My husband found out about it. I am decided to separate with him not primarily bec of my relationship but it has been an ongoing issue of differences and verbal abuse.
In case he files an annulment or legal separation in the Philippines, I just want to know my chances of having custody of my kids (10, 7& 3 yrs. old). I have a good job abroad and presently living in together with my lesbian partner and my kids are with us studying here.
Is having an affair with lesbian be a ground of immorality?
My partner is a lesbian. Can we be charged with adultery?
The Local Civil Registrar always forwards to the NSO the marriage certificates. This if a person gets married several times, all these marriage certificates will be forwarded to the NSO. When a CENOMAR (Certificate of No Marriage) is applied for and the NSO finds that there are several marriage certificates on its files, it will issue a certification to that effect.
I don’t know the specific, internal procedures of the DFA but all government offices are online (because of our e-commerce law). It will be very easy for the DFA or anyone to check things out.
Your brother can be charged criminally for providing false information in a government document
1. Adultery under the Revised Penal Code can only be committed by a married woman who has sexual intercourse with a MAN other than her husband.
2. Article 213 of the Family Code is mandatory. However, if there are “compelling reasons” which make the mother unfit or unsuitable, then she can be denied such custody. Instances of unsuitability are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. If older than seven years of age, a child is allowed to state his preference, but the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person.
3. As to the issue of lesbianism as a compelling reason to deprive a mother of custody, please read the case of Gualberto vs. Rafaelito, G.R. No. 154994. June 28, 2005 and G.R. No. 156254. June 28, 2005, at http://www.supremecourt.gov.ph/jurisprudence/2005/jun2005/154994.htm
In this case, Crisanto Rafaelito Gualberto V cited immorality due to alleged lesbian relations as the compelling reason to deprive Joycelyn Pablo-Gualberto of custody. The Supreme Court, through Justice Panganiban, ruled that “sexual preference or moral laxity alone does not prove parental neglect or incompetence. Not even the fact that a mother is a prostitute or has been unfaithful to her husband would render her unfit to have custody of her minor child. To deprive the wife of custody, the husband must clearly establish that her moral lapses have had an adverse effect on the welfare of the child or have distracted the offending spouse from exercising proper parental care.”
This means that lesbianism by itself cannot deprive a mother of custody of the children. From the last sentence above, however, if your husband is able to prove that the children are affected adversely by your lesbian relations, then custody can be awarded to him.
4. That is the law. Biblically speaking however, I have to tell you that lesbianism is condemned in the Bible as sin. Lesbianism and homosexuality are "a perversion of divine standards and as a violation of nature and natural affections" and are "an abomination in the eyes of God.” While the Bible condemns such practice as sin, however, it also teaches forgiveness and transformation, upon repentance, through Jesus Christ our Lord.
If you want people to pray for you, please follow this link to a prayer room for men and women: http://womentodaymagazine.com/chat/share.html
what if a girl and a boy lived together but they are not married. and the girl got pregnant while the boy is cheating her, the boy has a another girl and now they living in. now the girl give birth,, is there any rights for the girl and her child even though they are not married?
hi atty.
bale ikinasal po kami dati ng asaw ko pero wla po kaming record sa nso. may dalawa po kaming anak, sa kasamaang palad naghiwalay po kami. dahil may iba syang babae. pagkatapos po naming maghiwalay binahay nya po yung babae then nag kaanak din sila ng isa, tapos naghiwalay din sila, and after that nagkaroon na naman sya ng babae at binahay nya at nagka anak din sila,, tapos iniwan nya ulit yung babaeng yun,, ngayon may bago syang kinakasama,, ano po ba ang pwede kong isampang kaso sa kanya? ano po ba ang karapatan ng aking mga anak? pero sinusuportahan naman nya ang mga anak nya,,
tnx
RA 9262 will apply in this situation. Please read my various posts on RA 9262 (look for the links in the sidebar). The girl can also ask for support (please read my post ”Support for abandoned woman and family.” Under RA 9262, the girl also has an option of filing a criminal case against the former boyfriend.
1. The marriage certificate or contract is not an essential or formal requisite of marriage under the Family Code. The existence and validity of the marriage can still be proved by other evidences (the marriage license, testimony of the officiating minister or the witnesses, etc). If you have these proofs, then your children are legitimate and thus entitled to fully inherit from your husband (even you can inherit from your husband). Please read my post entitled “When a man is married to or living in with several women successively or simultaneously, who has the right to inherit from him?
2. f your husband later on refuses to support you or your children, you can resort to a Protection Order under RA 9262. Please read my article “Support for abandoned woman and family.”
Thank you Atty. Galacio for creating this blog.
I'm writing this in befalf of my bestfriend.
Her husband sired a child (has turned 1 year old) with another woman. Their affair cost him his job. He is deliquent in his financial support. The husband and other woman have continued their affair but not living together. The other woman has sent the birth certificate of the child showing that the guy signed as father and is using his surname.
does this mean filing concubinage is out of the question? what comprises scandalous circumstances?
what remunerations can the wife get if the affair of the husband has led to the losing of his job?
another also is what if the family of the other woman has been involved, know the situation but have been tolerant about it, what legal actions might be raised against them?
how can my friend, the legal wife get the husband to disclose all his earnings. he has not been giving support to her and the children. he hides that fact from my friend.
Lastly, would the civil case be the solution to also sue the other woman?
I'm sorry for being lengthly but my friend is really really in the dumps right now.
Thank you very very very much!
more power!
Sir,
I have been reading some of the issues and your responds posted in here but I can’t seem to find anything similar to my parents’ case. I would be grateful if you could spare me your expert advice regarding the following issues:
My parents got married during the 1950s, both parents are now in their mid 70s. They worked and saved up enough money to buy 2 plots of land ( 1 of it is where the family house is standing) and several farm animals. I have 3 other siblings, all (but one, who died in 1995) have family of our own.
My parents’ relationship have never been a harmonious one. My father abused my mother, threatening to kill her with a knife or a gun particularly when he was under the influence of alcohol. Having been brought up in such environment was not very pleasant - the psychological impact that our father have done to Mother and Us (the children) is something that can’t be easily forgotten.
In 1989, my father decided to walk out of our family house, to everyone’s relief! My father took everything with him – anything that he can carry (sacks of rice, etc), and drag along like the farm animals. He went to stay with his sister but every so often , sober or drunk, he used to come back armed with a knife and hurled abusive languages at my mother. One month later, he stopped coming around. We found out that he have got involved with another woman and soon enough they had a son. Their relationship did not last but, my father was soon quick to find another one, now living together within the neighbourhood.
Since my father left 19 years ago, he have never given any support to my mother and my brother who was still 16 at the time. My other brother and I have ever since provided for Mother’s needs. Just recently, my older sister collaborated with my father. She have been sending threatening text messages to us. It is beyond belief that she would do such a thing to hurt Mother after what she’ve gone through. We have never shown disrespect to our father nor to his mistresses. Mother might have been hurt deep inside but she have always kept her ‘cool’. My sister seems to be determined to stir things up. So, before problems escalate, I feel that it is about time our mother is given some sort of justice – “silence” never seemed to solve the problem!
In view of the above:
a)What legal actions Mother can proceed against my father?
b)Can my mother claims full ownership of their 2 plots of land and the house despite they are under my father’s name? Mother paid the yearly land and house tax since he moved out.
c)My father have inherited a property from his dead parents, can my mother have a claim on it despite it has been registered as jointly owned by my father and his mistress?
d)Can a text message through a cellphone be used as an evidence in court?
e)Money is a big issue for my mother because she needs constant doctor’s check up and medications, what sort of advice can you give her in order for her to avoid expensive lawyer’s fees?
Your advice is highly appreciated.
Thank you and God Bless.
Yours,
Ezen
Please take time to read the Comments and my replies. Your questions are similar to those of other people which I have already answered.
Ezen,
1. Please read my posts on RA 9262 (look for the links in the sidebar). If any act of violence (psychological violence, physical violence, etc) has been committed by your father against your mother after March 2004 (the date when RA 9262 became effective) up to the present, then you father can be held liable for violation of this law.
2. When your parents got married in the 1950’s the prevailing law was the New Civil Code of the Philippines and not the Family Code. Under the NCC, the default system of property relations between spouses was conjugal partnership of gains. (Under the FC, the default system is absolute community of property.) Under the CPG, inheritances are not covered.
At the very least, your mother should file a petition for a judicial separation of property; the issues of who owns what will be determined by the court. Your mother should also ask a competent notary-public to draft a document to disinherit your father and your sister (please read my posts on how to disinherit a spouse or a child).
The PAO (Public Attorneys Office) which is a government office may not be able to help your mother since she has properties. I am sure that you can find lawyers in your town or city who will not charge your mother that much in terms of professional fees.
Good Evening Sir...about sa situation ko po ngayon...year 2000 kinasal na po ako sa Taiwanese diyan sa atin, but after 1 year ng hindi pa niya ako nakukuha sa Taiwan, nabuntis po ako ng BF ko kaya nag deside po kami na magpakasal po ulit alang ala sa bata...then after living together in our house for 5 yrs., nag abroad po ako until dumating yung time na nawalan siya ng trabaho dahil nagkaroon siya ng HEPA B....then napag-alaman ko rin po na during ng pagsasama pa namin non is mahilig na po siyang pumatol sa pok-pok, so I decided na hiwalayan na siya. At ngayon pong may bago na akong Partner at kasalukuyan nagdadalang tao at ng mabalitaan ng 2nd Husband ko...plano po niya akong idemanda ng Adultery....sa records ko po rito sa Abroad is gamit ko po yung Family name ng 1st Husband ko na Taiwanese dahil until now is hindi pa po annuled yung unang kasal ko......may karapatan po ba siyang idemanda ako ng Adultery though alam po niyang kasal pa ako sa una kahit nung before kami ikasal?Thank you po.
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Dear Atty, please I need your help on this.
My brother and his wife had a very rocky marriage at the very start. Anyways, what happened was they eventually separated but not legally. His wife also confessed to our cousins that she has a textmate. Although we know that she has fallen out of love with my brother our family prodded our brother to try to work it out for the kid. SO, when he came home to their apartment one day to get a few things he found his wife in their bedroom with another guy that he doesnt know at all (though not in any uncompromising situation), This got my brother angered and slapped his wife and got her bruised. She had a medico legal right after that and filed a case against my brother for physical injuries. But every now and then his ex wife is trying to reconcile with my brother thru text messages saying that she would like to give their marriage a try. My brother had kept his communication with the ex wife because of the kid. He is giving them monthly "sustento" to which his wife had asked for 14K/monthly. My brother sometimes cant keep up with this as he has other expenses as well. His salary is only 25K/ month. His ATM payroll is actually with his ex wife so she can get directly her sustento from his salary and just leave some amount for my brother. I have kept silent thru all this as I know the pain my brother is going thru. However, my bestfriend confided in me that her ex boyfriend who is the bestfriend of my brother's ex wife, had sex 4times, at the time that my brother and her wife were still together. This has bothered me a lot. MY brother spent a night in jail when he was served with a warrant of arrest (physical injuries and something to do with the sustento). I have not yet divulged this info to my brother and my family as I dont have evidence to prove of the ex wife's sexcapades, but nonetheless I am devastated at how things are going for us, can you advise us on what to do? whats our best step?
Thanks,
-very troubled sis
Atty. Galacio,
my brother has a mistress for over a year. his wife discovered it just recently because she did a self investigation about this. kasal na sila mahigit ng 15 years at may apat na silang anak. ang family namin ay hndi niya (wife) pinakisamahan ng maayos dahil mahirap lang kami. puro panlalait at panliliit ang naranasan namin sa kanaya. kaya nambabae ang kapatid ko. ang masama nito nahuli kami mismo ng hipag namin kasama namin ang aming ina sa isang condo ng mistress ng kapatid ko. ano po ang maaaring isampang kaso niya sa kapatid ko? may posibilidad ba kamng madamay sa nangyari?
thanx.
worried sis
Paano po kung iaatras ko na ang kaso adultery sa misis ko? Naka pag file na ako ng kaso sa hall of justice, kung iaatras ko po ang kaso pwede ko pa rin po ba itong isampa ulit kung sakali sumama pa ang aking asawa sa lalaki? salamat po.
Maari ko po bang idamay sa kaso ang magulang ng kabit ng asawa ko? kasi po itinago nila sa amin at sa magulang nito ang pagsasama nilang dalawa kahit alam nilang di tama at mali? ano po ba ang pwede kong isampa o isampa ng magulang ng asawa laban sa magulang ng lalaki dahil sa pagtatago nila at pagtatakpan sa mga mga maling gawain nito?
Im separated for 8 year. I have 2 children to the woman i am living now for about 5 years and my wife knows about it. We are leaving together for 5 years now. Can she file concubinage against me?
Atty. I just would like to ask if a txt msgs can be used as an evidence for concubinage or psychological violence?and what if a man admitted everything to his wife that he had an affair with other woman?Will it be enough to sue the man?the man is threatening that his wife and his children cannot get anything from his wealth because i can say that this guy is a middle class person.
The case that can be filed against you is not adultery but BIGAMY. Under the Revised Penal Code, bigamy is a public crime which means anybody with knowledge of the crime can file the case. If your second husband therefore wants to make life very difficult for you, he can ask somebody to file the case against you.
Of course, if you can prove that he knew that you were previously married, he can be charged as an accomplice.
1. My bestfriend confided in me that her ex boyfriend who is the bestfriend of my brother's ex wife, had sex 4times, at the time that my brother and her wife were still together.
Your source for this information comes from what lawyers call as a “tainted source.” She is the ex-girlfriend which means that she possibly has ill motives for telling you this information. How exactly did she know that her boyfriend and your sister-in-law had sex FOUR times? Without any proof other than what your bestfriend said, you should not burden your brother about it. As Filipinos put it, “huwag maniwala sa sabi-sabi.”
What you can do is encourage your brother to investigate matters on his own.
2. As to the issue of what the proper support should be, your brother can petition the court to set the amount. Article 201 of the family Code states that the amount of support shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
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