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concubinage ammendment

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1 concubinage ammendment on Tue Jun 11, 2013 6:06 am

monica26


Arresto Menor
good day po,

tanong ko lang po if approved na po to and applicable sa case na ipa file ko sa cheater ko na husband...

AN ACT
AMENDING ARTICLE 334 OF ACT NUMBER 3915, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, si sen.angara po ang nag approved nito:

"Article 334. Concubinage - Any husband who shall keep a
5 mistress in the conjugal dwelling or, shall have sexual intercourse [, under
6 scandalous circumstances,] with a woman not his wife, or shall cohabit
7 with her in any other place shall be punished by prision correctional in its
8 [minimum and] medium AND MAXIMUM periods,
9
10 IF THE PERSON GUlL TY OF CONCUBINAGE
11 COMMITTED THE OFFENSE WHILE BEING ABANDONED
12 WITHOUT JUSTIFICATION BY THE OFFENDED SPOUSE, THE
13 PENALTY NEXT LOWER IN DEGREE THAN THAT PROVIDED
14 IN THE NEXT PRECEDING PARAGRAPH WILL BE IMPOSED."
15
16 The concubine shall suffer the penalty of PRISION
17 CORRECIONAL IN ITS MEDIUM AND MAXIMUM PERIODS IF
18 SHE PERFORMS SEXUAL INTERCOURSE WITH THE MAN
19 KNOWING HIM TO BE MARRIED, OTHERWISE, THE
20 CONCUBINE SHALL SUFFER THE PENALTY OF destierro."

alam naman po kasi ng kabit ng asawa ko na kasal ito pero nag live in pa rin sila.... tsaka po, di ko ho alam kung anong address nila, alam ko lang po na nag bakasyon sila sa bahay ng babae sa probinsya, pwede ko ho ba ipadala doon ang demand letter or subpoena ? tulong po. gusto ko po silang dalawa makulong...

salamat po.

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2 Re: concubinage ammendment on Thu Jul 04, 2013 9:11 pm

tsi ming choi


Reclusion Perpetua
There are 3 situations to be held your husband liable for cuncubinage.

1.husband who shall keep a mistress in the conjugal dwelling. (yung asawa nyo po dinadala nya sa bahay nyo yung mistress nya.

2.shall have sexual intercourse under scandalous circumstances with a woman not his wife. (yung husband had sex with his mistress in the public places, at the full view of the peple., HINDE po kasama dito yung sa Hotel, motel, kasi sex on those places were not done in a scandalous manner)

3.shall cohabit with her in any other place. (nag live-in and they made known to the public that they are husband and wife), malamang dito mo sila matatamaan.

Since this is a criminal case, and granting that there exist a probable cause based on the resolution of the fiscal, the court will issue warrant of arrest and it doesnt matter saan sila nag stay or saan address nila kasi warrant of arrest is enforceable anywhere in the philippines.

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3 Re: concubinage ammendment on Sat Jul 06, 2013 3:19 pm

queenb


Arresto Menor
i have a follow up question on this one. what if the husband and the mistress bears a child and the husband acknowledges the child, can the legal wife sue them? or the mistress only? they are not living together as the husband is with the legal wife, still.

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4 Re: concubinage ammendment on Sat Jul 06, 2013 10:30 pm

tsi ming choi


Reclusion Perpetua
You cannot sue them because the penal law gives ONLY 3 situations to be held your husband and his mistress be liable for concubinage.

It doesnt matter if they had a child and even the husband acknowledges it, or even the mistress and your husband were not living together. These circumstances will not suffice.

Lastly, in the crime of adultery or concubinage, it always take 2 to tango, which means, the husband and his mistress or the wife and her paramour shall ALWAYS be included in filing the criminal complaint. You cannot file a case against one of them.

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5 Re: concubinage ammendment on Tue Jul 09, 2013 1:07 pm

queenb


Arresto Menor
i see. that was very helpful. thank you so much.

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6 Re: concubinage ammendment on Thu Feb 13, 2014 10:51 am

mnlvoiz


Arresto Menor
Sir Tsi Ming Choi,

sa situation 2 po, kailangan ba nakikita sila ng public na nagse-sex? pano kung video scandal po sa loob ng motel or sa loob ng office nila. di po ba pwedeng ibidensya yun kasi walang nakakita ng sex nila kundi yung camera lang.

sa situation 3 po, kailangan po ba sa bahay lang ng lalaki itinira yung kabit?

kalinawan lang po ang aking nais. thanks.

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7 Re: concubinage ammendment Today at 4:02 pm

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