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Arresto Menor
Husband A and Wife A are living together as husband and wife. Both are married but already separated (not legally) from their spouses. Wife A has a daughter from her real husband living with them.. Husband A was accused of raping her daughter so a case was filed which caused their separation.  after 5 months from the filing of the rape case, legal wife of Husband A is threatening Wife A that she will file adultery case if she will not desist in the rape case filed against his husband.


1.Will the adultery case stand even if they're no longer living together?

2. If not, what case can the legal wife file against his husband and his paramour?

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Arresto Menor
Well first, the case should be for concubinage and not adultery since it is the wife who will try to prosecute (persecute) her husband and his paramour. They are different in terms of commission and evidence required for conviction.

1. Yes, as long as it is filed within the prescriptive period or within ten (10) years from the time it was committed. The penalty for a concubine/paramour is only "destierro", which means she "shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated".

Also note that BOTH offending parties must be impleaded. So if the legal wife is filing this out of concern for her husband, it may be that she has already pardoned the husband's infidelity. This implied pardon may be raised to prevent the criminal action from proceeding.

2. Other than a criminal case, the wife may opt to file a petition for legal separation based on the husband's infidelity, unless the wife has also condoned the husband. A civil case for damages may also be filed against the paramour for alienation of the husband's affection or interference in her family's affairs.

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Arresto Menor
If by "they're no longer living together" you are referring to the legal wife and her husband, the answer remains the same. It is not required that the offended party/victim still cohabit with her dishonest husband after the criminal act. In fact, their continued cohabitation may prevent the case for concubinage as it may again constitute implied pardon on the part of the wife.

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legal wife of Husband A is threatening Wife A that she will file adultery case
perhaps she means a concubinage case. that's a very light case compared to rape

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Reclusion Perpetua
Let her file the case, and never give up the rape case.

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