Hi,

I just found out that the guy I am dating is married and he is living with his kids and his wife. We see each other everyday after working hours, walking around the mall. Now, his kids are threatening us that they will sue us and will not stop until they see us behind the bars. 

Based on my research, since we never had any sexual intercourse

"Art. 334. Concubinage. — 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.
Also, is this advice enough to defend me as not guilty of concubinage?

"Proof of sexual intercourse is enough in adultery, but in concubinage, the prosecution must prove that the sexual intercourse must be under scandalous circumstances, or that the husband kept a mistress in the conjugal dwelling or cohabited with her in any other place."

Thank you..

The children cannot file concubinage case against their father and you. for such case, only the offended spouse can file the case.

concepab wrote:The children cannot file concubinage case against their father and you. for such case, only the offended spouse can file the case.

In case the wife will file the case without these evidences that matches these grounds, will it be considered?

"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"


We just spend time at the mall and we are not living together. His salary is directed to his wife and still living with his family. 

If you are not living with him, you cannot be sued for concubinage. But you may be sued for damages for interfering with the affairs of their family.

It is best for you to end your relationship with a married man to avoid complications in your life. If he betrayed his wife and children like that, what makes you think that he will not do the same to you?

Regards,
Atty. Katrina

If i may add Att. Katrian, para kay MSe19, since mahirap patunayan ang kaso ng concubinage, some women are filing RA9262 instead of concubinage. masmadaling patunayan, mas mabigat ang hatol.

Yes, thanks for the additional info Concepab. Although some women have reservations in filing RA 9262 for psychological violence because it only involves the husband, not the mistress.

atty kath ano naman po pwde isampa sa mistress lalo na kung cya yung ng uwi sa husband? tapos sa mother in law na kunsenditor ano po pwde ikaso sa kanila