CONCUBINAGE & ADULTERY

By | August 1, 2014

Q. Hello sir …I just want to share with you my present relationship .I am based in the Philippines.  My husband and I got separated for good since 2008 during 2010 my husband was involved with other woman. I found this out in 2011  and that  they actually  live together.

After that I never heard any updates about their relationships as I was moving forward my life with my life without  him . With out any partner in life for the past years  until this  January I met this particularly guy.
 Yes, I found a man who really loves me and accepted my past. Now my question is:  is it a crime to have a new boyfriend now? Can I go to prison even I’m not pregnant as of now?  Please enlighten me. Hoping for your reply. Thanks. Gilda.
Ans: Hello Greetings. Assuming that your marriage with your husband is still subsisting as the same has not been annulled or declared by the court as null and void, then both of  you could be held liable for violating the Revised Penal Code, of the Philippines.
On the part of your husband, although you’ve been separated and if it could be established that he is cohabiting with someone or a mistress in the conjugal dwelling or has sexual relation under a scandalous circumstances, with a woman who is not his wife, or who cohabits with such woman in any other place, is  could be liable for crime of concubinage under Art.334 of the Revised Penal Code.

On the part of wife, under the law, a crime of adultery is committed by a married woman who has sexual relation with a man not her husband and by the man who has also sexual relation with her, knowing her to be married, even if the marriage declared subsequently as void.  Thus, under in your situation you could be as well liable for the crime of adultery, under Art. 333 of the Revised Penal Code, regardless whether one becomes pregnant or not.
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