xtianjames wrote:@ruby0627
work it out with your ex. magastos kung magfifile ka pa ng case for custody.
@Confidential_woman
yung pinagbubuntis mo ba ang asawa mo ang tatay? if yes, you can sue them for adultery. pwede silang makulong bilang parusa.
@Clarisseee
hindi sila pwedeng magkasuhan magasawa regarding adultery since parehas naman silang may sala. pwede nyo sya kasuhan for harassment. kung nagsasama kayo ng bf mo, pwede kayo makasuhan ng concubinage since kasal padin naman sila.
@Khel#30
hindi ka pwedeng kasuhan sa pinas sa crimen na ginawa mo sa ibang bansa.
@Mariposa10
ang may right lang ay yung anak nyong dalawa at anak nya sa ex nya. so bale ikaw at yung panganay mo ay hindi kailangan sustentuhan ng kinakasama mo.
For @Confidential_woman: Please take note that the proper case is not adultery but concubinage. It is the husband who has a mistress. Adultery can only be committed by the wife while Concubinage by the husband.
Please be informed too that Concubinage is very hard to prove. Article 334 of the Revised Penal Code provides that: “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."
From the above-quoted provision, the following are the elements of concubinage:
a. That the man must be married;
b. That he committed any of the following acts:
1. Keeping a mistress in the conjugal dwelling;
2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife;
3. Cohabiting with her in any other place.
c. That the woman knows him to be married.
If A, any one of the acts of B, and C, are present then you have a strong case against your husband and the mistress (concubine). But be advised that the penalty that could be meted out to the mistress is only destierro or exile and not imprisonment.
Don't be disappointed, there are many remedies under the law, depending on the desired result.
To make a troublesome third party pay for their indiscretion and disruptive conduct, an aggrieved spouse may file a civil case for damages against the mistress or lover alone (no need to include the guilty spouse).
The basis for such a complaint is Article 26 of the Civil Code which gives the offended party a cause of action for a third party’s meddling with, or disturbing, a person's private life or family relations.
This cause of action is commonly called "alienation of affection." It seeks compensation for a third party’s malicious act of estranging a person from his/her lawfully wedded spouse or family.
In addition to the civil case for the payment of damages, there are several criminal cases an aggrieved spouse may file to seek imprisonment of a troublesome mistress or lover.
For malicious comments or posts on the Internet that tend to dishonor or ridicule the offended spouse, a criminal complaint for libel may be filed. If found guilty, the libelous paramour may be imprisoned or ordered to pay a fine, or both.
For disruptive mistresses or lovers who create public disturbances outside the spouses' home or near the person of the spouses or their family, a police officer may be called to arrest the offending paramour on the spot. A criminal complaint for alarms and scandal may thereafter be filed against such a troublesome mistress or lover.
If a paramour should threaten the spouses or their family , a criminal complaint for grave threats may be filed. A charge of trespassing may also be filed if the offender has entered the family home uninvited. And the list goes on.
Good luck and have a wonderful new year!
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