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1. What is Adultery?

The Revised Penal Code defines adultery in Article 333: Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. Adultery shall be punished by prision correccional in its medium and maximum periods. 2. What is the penalty for adultery? The medium period of the penalty for adultery is from years, ! months and " day to ! years and months imprisonment. The maximum period is from to ! years, months and " day to # year imprisonment. $imply stated, the longest time a wife will be imprisoned is # years. 3. What is concubina e? The Revised Penal Code defines and penali!es "concubina e# in Article 33$: Any husband who shall keep a mistress in the con%ugal 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. A husband co%%its concubina e in several &ays: &"' by keeping a mistress in the con%ugal dwelling( or & ' by having sexual intercourse under scandalous circumstances with a woman who is not his wife( or &)' by cohabiting with his mistress in any other place. $. What is the penalty for concubina e? *or the husband, the penalty of prision correccional in its minimum period is imprisonment from six months and one day. +n its medium period, the penalty is from years, ! months and one day to ! years and one day. $imply stated, the longest time that a husband will be imprisoned is ! years and one day. ,n the other hand, the penalty for the mistress is destierro &exile', not imprisonment. '. Why is concubina e difficult to prove in court? (n order to char e her husband &ith concubina e) the &ife has to prove that he has co%%itted any or all of the three acts %entioned above. -ith number &"' above, + think you will agree with me that only a few men would dare to bring or allow his mistress to live in the con%ugal dwelling. .ot unless, of course, if the wife allows it for whatever reason / As to number & ' above, an adulterous affair by its nature is done in secret( a man and his paramour cannot be expected to have sexual intercourse under scandalous circumstances. .ow, number &)' above. +f a wife seeks legal help in filing a case for concubinage, lawyers will ask her for evidence proving cohabitation. The evidences may be receipts for the apartment for example where the man and mistress are living, receipts for 0eralco, 123T, etc, affidavits of eyewitnesses that the man and mistress are really cohabiting, etc.

(f the evidence %erely proves that the husband is havin an e*tra+%arital affair) he cannot be char ed &ith concubina e. (f the other &o%an ets pre nant and ives birth) can it be used as evidence for concubina e a ainst the husband? .o, the pregnancy is not necessarily proof of cohabitation. -hy4 Again, please take note of how concubinage is committed as + discussed under numbers &"' up to &)' above. ,. (s there ine-ualities in the la& and discri%ination a ainst &o%en under the above%entioned la&? The provisions of the Revised Penal Code are stac.ed a ainst the &o%an. +f she commits even %ust one case of adultery, she, along with the paramour, can be immediately charged criminally. 5ut the husband who commits numerous acts of marital infidelity cannot be sued by his wife for adultery &since under Article ))), adultery is a crime committed by the wife and her paramour'. The philandering husband must be sued under Article ))! for concubinage. The problem is, concubinage is much more difficult to prove in court. /. 0ince concubina e is difficult to prove in court) &hat %ust a &o%an) &ho is sufferin fro% her husband1s infidelity) %ust do? +t is better to file a case of psychological violence under 6A 7 # . Republic Act 22,2 or the 3Anti+4iolence A ainst Wo%en and their Children Act of 255$# has no& co%e to the rescue of &o%en. Philanderin husbands can no& be char ed cri%inally even for 6ust 789 incident of %arital infidelity under the "psycholo ical violence# provision of RA 22,2. RA 22,2 defines psycholo ical violence as: acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. +t includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive in%ury to pets or to unlawful or unwanted deprivation of the right to custody and8or visitation of common children. The penalty for 3psycholo ical violence3 is a %ini%u% of si* years up to t&elve years of i%prison%ent. The maximum penalty is imposed if the violence is committed by the intimate partner against the woman when she is pregnant or in the presence of the common children.

9:;$T+,.$< 1. A &o%an is convicted of adultery has been sentenced by a Philippine court for adultery. :ay she still e*ercise parental authority over her child? 6ead the decision of the court if part of the penalty imposed on the woman is =+>+2 +.T;63+=T+,.. =ivil interdiction is the court?imposed loss of political and civil rights including loss of parental rights. +f civil interdiction is part of the sentence, that means that parental authority now exclusively belongs to the father. 2. Can a dau hter file char es to his philanderin dad? :y dad has 2 dau hters &ith another &o%an. ( &as hopin to et a copy of the .ids birth certificate fro% 807 but ( don;t .no& their birthdates even their %other. Can the birth certificates be a proof so ( can file char es a ainst hi%? The .ids are usin %y dad;s surna%e. ". 6A 7 # applies even to children. The law@s title is Anti?>iolence Against -omen and their =hildren Act of AA!. -hen the crime is committed against minors by strangers &those not related to them by blood', the applicable law is 6A B#"A. -hen acts of violence &psychological, economic, sexual, or physical' are committed by the husband8father, by the wife@s boyfriend or sexual partner, against the children, then 6A 7 # is the applicable law. Cour father@s philandering has caused you emotional and psychological harm and falls under the coverage of 6A 7 # . Thus you yourself can file a case of psychological violence against your father. The penalty for psychological violece is imprisonment of six years minimum up to twelve years maximum. &5y the way, in a very unique case, a father filed for a 1rotection ,rder in behalf of his minor children against the mother. Allegedly, the mother was physically abusing the children. The =ourt of Appeals ruled that this was allowed by 6A 7 # . + do not know if this case has been elevated to the $upreme =ourt. + disagree with the =A ruling since + believe that 6A B#"A should be the applicable law. +f you remember, the $upreme =ourt in the case of actress 1linky 6ecto ruled that 6A 7 # cannot be used against a woman . The point however is that 6A 7 # can be used by children against their own father.' . $ince you do not know the names of these children, you can request the .$, to verify from its records as to the existence of birth certificates where your father@s name appears. The .$, requires anyone applying for copies of documents to state the reason why he or she is applying for such. Cou can inquire first of all with the 2egal 3epartment of the .$, as to how you can obtain copies of these birth certificates. ,r, you can ask a notary public to prepare for you an affidavit stating that you need the birth certificates for the purpose of filing an 6A 7 # case against your father. Cou can then attach the affidavit to the application for copies of the birth certificates you want. ). As marriage counselors like 3r. Dames 3obson has said, oftentimes the wife or the husband is the last person to know of the spouse@s adulterous affair. *inding out that someone whom you have believed in or looked up to has been having an adulterous affair can be very devastating emotionally.
3. Can I file charges against the other woman? You can try to file a civil case for damages against the woman under paragraph 2 of Article 26 of the New Civil Code of the hilippines !NCC". #he said article states$

Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: ( ! "rying into the privacy of another#s residence: (2) Meddling with or disturbing the private life or family relations of another; ($! %ntriguing to cause another to be alienated from his friends& ('! (e)ing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. #he case is civil$ meaning there is no imprisonment involved. You will %e as&ing the woman to pay !indemnify is the legal term" you for damages she has caused to your family life. Article 26 %elongs to that part of the NCC !Articles '( to 36" dealing with )uman relations.