Legal Question in Criminal Law in Philippines

Since my best friend learned that her husband has a mistress, she just wants to teach them a lesson. She plans to file a case against them and suffer the consequences. However, she still wants to keep the marriage and keep her husband by her side. Does she have a case at all? Is continuing to live with her husband a sign that she has forgiven him? and the mistress?

She is actually angry at the other woman and would like her to pay. What grounds can she file against the mistress separately? Meaning, can she file a case only against the mistress?


Asked on 3/20/11, 8:15 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

If she intend to file a case for adultery against the mistress and concubinage against the husband the law requires that both (her husband and the mistress) should be included in the criminal complaint. The fact that she continued to live with the husband despite her knowledge of what her husband did can be construed as an implied pardon or condonation of the offense.

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Answered on 5/20/11, 5:08 am


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