Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Defending Against Concubinage

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Defending Against Concubinage on Mon Sep 23, 2013 12:46 pm

ShadowEy


Arresto Menor
Hello everyone here in pinoylawyer.org,

I've just registered here. I would like to ask those who have knowledge about the law. I would like to ask about concubinage. Please take a short time to read my message and give me the best answer you can give me. Thank you very much and here is the story (I'll just speak in Filipino since this is a Filipino-friendly forum):

Yung dad ko po and mom ko, naghiwalay. Not legally. I'm the only son. It has been years since that. Dad has his girlfriend already and mom has his boyfriend. Mom and tito (what I call her boyfriend), live under one roof along with me.

So kahapon po, may pinagagawa dad ko kay mom na something about me as their son. And my dad got pissed because ayaw niya yung hindi nasusunod ang gusto niya. Gusto niya pag sinabi niya, kilos agad. Hindi makapagintay. And nagmumumura yun at nagagalit even to the simplest of things.

And then kahapon nga, nag text dad ko kay mom. The exact message wrote, "uy kupal 2ks mo nang asignment ang lbc send and swipe card hanggang ngayon di mo maasikaso"

And nabasa po yun nung BF niya. So siyempre, as a BF na nagmamahal sa siyota niya (my mom), nagalit kay dad. Tinext niya na wag daw sasabihan si mama ng ganun dahil kahit daw siya hindi niya minumura si mom ng ganun. Kung may sasabihin si dad, ayusin daw niya ang pagkakasabi sabi ng BF ni mom.

Ngayon si dad, nag threaten ng manahimik daw si BF ni mom dahil usapan daw nilang magsawa to and kabit lang siya. And he threatened to file concubinage.

That's where my question comes in. Again, mom and dad are not legally separated. Mom and BF are not legally married. Months ago, mom wanted to make their separaiton legal and I don't know about my dad but he just won't cooperate. Personally sa tingin ko lang (dahil ewan ko may konting tama yata ang tatay ko, ewan ko ba), para lang may magamit siya dun sa concubinage niya.


Now:


1. What can we do against concubinage?
2. Is there something my mom can use like women's rights kasi hindi na niya mahal ang dad ko and ayaw niya na talaga sakanya dahil napaka pangit ng ugali. BUT, hindi po siya nambubugbug. Puro mura lang kapag naggalit even about the very very very very simplest of things. Pwede namang sabihin ng maayos. Puro mura at threaten nga ng batas.
3. Is there something an underaged fifteen year old can use like child's right or whatever kasi mas gusto ko talagang sa mom ko ispend the rest of my life instead with dad and even me, namumura rin ng masasakit na salita even about the very simplest of things.

I don't really know what to do. Just in case he files that against us, tell me EVERYTHING we can do to defend against it and what can we file against him for our side? Thanks a lot.

View user profile

2 Re: Defending Against Concubinage on Wed Sep 25, 2013 3:59 am

caryLEX


Arresto Menor
Question



Last edited by caryLEX on Sun Mar 01, 2015 1:17 pm; edited 1 time in total (Reason for editing : ?)

View user profile

3 Re: Defending Against Concubinage on Wed Sep 25, 2013 10:47 am

wolfwise


Arresto Menor
First, the proper term is adultery if it is the husband who files a case against the wife and her partner.

Consent is a valid defense against a case for adultery/concubinage. "The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders." (Art. 344, Revised Penal Code). Your dad's action (having another partner) and inaction may be construed as consent.

To mitigate the penalty, the same provision reads: "If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed."

RA 9262, as mentioned by caryLEX, is your best recourse.

To settle things permanently, have your mom file a case for annulment based on psychological incapacity.

View user profile

4 Re: Defending Against Concubinage on Wed Sep 25, 2013 2:06 pm

ShadowEy


Arresto Menor
Thank you very much for your answers. I really appreciate this!

@caryLEX: I knew we would be able to use something about "women and children" law. And I was right. I will try my best to research about this "psychological abuse" and know more about it. Thank you very much! God bless!

@wolfwise: Ah, "adultery" I see. Would you please explain to me what is "consent"? And everything about it? I am honestly a moron when it comes to law. I mean, I don't know a thing about it. Or better, I only know VERY few things about the law. About annulment, mom did try a legal separation and had a talk to my dad about it through SMS but according to my mom, dad won't agree to sign it which would avoid these things from happening in the future. We don't know why. If I were to be asked, he chose not to sign it so he can disturb our peaceful lives.

Again, thank you very much for your support and I am truly sorry for my idiocy in this things but I do learn a lot from this. I'm the kind of person who once learns something, understands it after a few days have passed.

Add ko lang po to for extra info: mom and his BF USED to work for the same company. The rules of their company (according to my mom) is that they can't live together. And should the higher ups learn about it, they will both lose their job. Dad knows that nad he also threatened to report them to the company. But the thing is, her BF is currently unemployed and has resigned from his job months ago while mom still has her position for the same company. So yeah, mom is worrying that she might lose her job but my mom's bf said that nothing will happen as he is no longer in the same office.

Mom's boss knows about it as well as his officemates. She and her boss are close to each other, they're like friends because mom's an excellent employee, boss likes her, etc. And her boss is already aware that her exhusband might file a report against them. So alam nung boss niya na nagsasama sila ng mom ko. I don't know about th ehigherups kung palulusutin nila yun. Hindi naman yata pwedeng pairalin dun ung kumbaga palulusitin dahil friend naman sila nung boss or dahil magaling na employee siya ng company.

EDIT: Also, as for my mom's bf's side, what can he use for himself? Because he might be the weak link here. Dad spoke of him being brought to "women's correction" thing.

View user profile

5 Re: Defending Against Concubinage on Wed Sep 25, 2013 9:14 pm

ShadowEy


Arresto Menor
anyway dad and his gf dont live under one roof

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum