adultery and concubinage reports .pptx

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1. WHY DO MEN AND WOMEN CHEAT? HOW DO WE LEGALLY PUNISH UNFAITHFUL HUSBANDS?

2. TITLE ELEVEN: CRIMES AGAINST CHASITY ( The Revised Penal Code) Crimes against chastity are also referred to as private crimes, or crimes which cannot be prosecuted de officio, because of the requirement that the prosecution thereof be upon a sworn written complaint of the offended party or certain persons authorized by law . The crimes against chastity which cannot be prosecuted de officio are: 1. Adultery (Art. 333); 2. Concubinage (Art. 334); 3. Acts of lasciviousness with or without consent (Arts. 336, 339); 4. Seduction whether qualified or simple (Arts. 337, 338); and 5. Abduction which may be forcible or consented (Arts. 342, 343).

3. ADULTERY What is Adultery? Adultery is the carnal relationship between a married woman and a man who is not her husband. “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.” (Article 333 of the Revised Penal Code)

4. ADULTERY 2. Who are liable for the crime of adultery? The persons liable for the crime of adultery are: The married woman who engages in sexual intercourse with a man not her husband; and The man who, knowing of the marriage of the woman, has sexual intercourse with her.

5. ARTICLE 333 : ADULTERY 3. What are the elements of adultery? That the woman is married; That she has sexual intercourse with a man not her husband; and That as regards the man with whom she has sexual intercourse, he must know her to be married. Who may file the case of adultery against the offending spouse? Only the offended spouse can file a case of adultery against the offending spouse.

6. ARTICLE 333 : ADULTERY 5. What is the penalty of adultery? Persons convicted for the crime of adultery may face imprisonment from 2 years, 4 months and 1 day to 6 years. 6. Who may file the case of adultery against the offending spouse? Only the offended spouse can file a case of adultery against the offending spouse.

7. ARTICLE 333 : ADULTERY What happens if the husband pardons his wife? The pardon absolves the wife of the crime of adultery and the husband can no longer charge her. What are the requirements of pardon?The requirements of pardon are as follows: The pardon must come before the institution of the criminal prosecution; Both offenders must be pardoned.

8. ARTICLE 333 : ADULTERY 9. Must the pardon by the husband of his wife be explicit? A pardon can also be implied. There is an implied pardon when the husband engages in an act of intercourse with the offending spouse subsequent to the adulterous conduct of his wife. 10. A husband slept with his wife even after he found out that she was cheating on him. Can he file a case of adultery against her? No. A single voluntary act of sexual intercourse by the innocent spouse after discovery of the offense is ordinarily sufficient to constitute condonation. Condonation is the "conditional forgiveness or remission, by a husband or wife of a matrimonial offense which the latter has committed". ( Bugayong v. Ginez , G.R. No. L-10033, 28 December 1956)

9. If a husband had pardoned his wife and her lover, can he later charge them for the crime of adultery? No. If the husband has already pardoned his wife of her adulterous acts, he can no longer charge her with the crime of adultery. However, if after the pardon, the wife and her lover continued their sexual relationship, the husband can charge them both for the crime of adultery as his pardon only covers the previous transgressions of his wife and her paramour. The adulterous acts of his wife and her lover which had occurred after the pardon are not covered by the pardon of the husband and as such, both the wife and the lover could be charged for new counts of adultery.

10. 12. Can an offended husband be allowed to charge his offending wife only once with the crime of adultery? No. A husband may charge his adulterous wife and her lover as many count of the crime of adultery as the number of known sexual transgressions by the guilty parties. Adultery is a crime of result and not of tendency. It is an instantaneous crime which is consummated and exhausted or completed at the moment of the carnal union. Therefore, each sexual intercourse constitutes a crime of adultery. There is no constitutional or legal provision which bars the filing of as many complaints for adultery as there were adulterous acts committed, each constituting one crime. (People v. Zapata, G.R. No. L-3047, 16 May, 1951)

11. I am a husband who discovered that my wife had been having several affairs throughout the course of our marriage. One affair in particular had her checking in into a hotel twice a month without fail for the past six months. Can I charge her with the crime of adultery? Yes. For the crime of adultery, proof of sexual intercourse by the guilty wife with a man not her husband, is enough to establish the crime of adultery. (Art. 333 of the Revised Penal Code.) Furthermore, each sexual intercourse counts as one consummated act of adultery. Thus, your wife and her lover could be charged for several counts of adultery. (People of the Philippines vs. Zapata)

12. 14. I am a husband who discovered my wife sleeping with our neighbor. I already forgave my wife. However, I still want to charge her lover for I had trusted him. Can I file a complaint for adultery against the lover only? No. You just cannot file a charge against the lover without including your guilty spouse. For the criminal charge of adultery to prosper, the offended spouse must institute the crime against the guilty parties, both the wife and her lover. Furthermore, pardon by the offended spouse renders the filing of the charge against the guilty parties void. The criminal charge cannot prosper if the offended party has consented to the offense or pardoned the offenders for the transgression .

13. What if the unfaithful wife’s lover declares that he had no knowledge that his lover was a married woman, can he still be charged for the crime of adultery? If the lover can prove that he had no knowledge of the true marital status of the wife and she had clearly presented herself as single, the lover may use that as a defense in case he be charged for the crime of adultery. One of the elements of adultery is that the man having sexual relations with a married woman knew the whole time that she was married. If it cannot be proved that he had knowledge of her married status, he may be acquitted of the charge of adultery and the accused woman alone would be found guilty for the crime of adultery. (Del Prado v. De La Fuente, G.R. No. 9274, 14 September, 1914) If the man had no knowledge that the woman was married, he would be innocent, in so far as the crime of adultery is concerned, and the woman guilty. The one would have to be acquitted and the other found guilty, although they were tried together. Or in other words, the act of sexual intercourse with a married or an unmarried man, other than her husband, is adultery in the woman without regard to the guilt of the man. (United States v. Topiño , G.R. No. 11895, 20 December 1916)

14. 16. Is there a difference between adultery and Concubinage? Yes, there are several differences between Adultery and Concubinage: Adultery is committed by the wife while Concubinage is committed by the husband; Proof of sexual intercourse is enough to prove adultery while in concubinage, the offended party must prove that the sexual intercourse was under scandalous circumstances or that her husband kept a mistress in the conjugal dwelling or had been cohabiting with her in any other place; The penalty for concubinage is lower than that of adultery. The penalty for the concubine is only destierro , while the penalty for the lover in adultery is the same as that of the guilty wife.

15. Does h usband’s illicit relationship absolve wife’s liability for adultery (recrimination) ? No. It only mitigates the wife’s liability. (People v. Florez , C.A.-G.R. No. 26089-CR, April 6, 1964).

16. Note: Acquittal of one of the defendants will not automatically acquit the other: 1. There may not be a joint criminal intent, although there is a joint physical act. 2. One of the parties may be insane and the other is sane. 3. The man may not know that the woman is married. 4. The death of the woman during the pendency of the action cannot defeat the trial and conviction of the man (U.S. v. De la Torre and Gregorio, G.R. No. 8144, August 6, 1913).

17. ARTICLE 334 : CONCUBINAGE 1. How do we legally punish the unfaithful husbands? Criminal action for concubinage. Criminal action for violation of R.A. No. 9262 (VAWC) Civil action for legal separation and annulment or declaration of nullity of marriage, if so warranted.

18. ARTICLE 334 : CONCUBINAGE 2. Who are liable for concubinage? 1. The married man; and 2. The woman who knew that the man was married. 3. What are the elements of concubinage? 1. That the man must be married; 2. That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling (mistress must live therein as such); b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife ( proof of actual sexual relations not required as long as it can be inferred); or c. Cohabiting with her in any other place (as husband and wife); and 3. As regards the woman, she must know him to be married. 4. What is a Conjugal Dwelling? It is the home of the husband and wife even if the wife happens to be temporary absent on any account.

19. ARTICLE 334 : CONCUBINAGE 6. What is the penalty for concubinage? Concubinage is punishable by imprisonment ranging from 6 months and 1 day to 4 years and 2 months. On the other hand, the mistress is merely imposed a punishment of destierro . It is akin to a restraining order where the mistress shall not be permitted to enter designated places within the radius specified by law.

20. ARTICLE 334 : CONCUBINAGE 7. Can a wife file for Psychological Abuse under R.A. No. 9262 against the unfaithful husband? Yes, if the husband’s marital infidelity causes mental anguish and emotional distress on the wife. Repeated marital infidelity is considered as psychological violence under R.A. No. 9262, which is punishable with a stiffer imprisonment of 6 years and 1 day to 12 years.

21. Husband committed marital infidelity abroad. Wife, who is in the Phils, filed a case for Viol. Of Sec. 5 ( i ) of RA 9262 – Psychological Violence for causing emotional and mental suffering. SC convicted the husband as charged. Act of marital infidelity is not the subject of the case. It is the psychological violence that the wife suffered as an effect of such act of marital infidelity. AAA vs BBB, G.R. No. 212448, January 11, 2018

22. Cases that could not be subject to compromise. Section 4, Chapter 1, of A.M. No. 19-10-20-SC, provides: civil cases which cannot be the subject of a compromise, to wit: (1) The civil status of persons; (2) The validity of a marriage or a legal separation; (3) Any ground for legal separation; (4) Future support; (5) The jurisdiction of courts; and (6) Future legitime. (b) habeas corpus petitions; (c) special proceedings cases for probate of a will; and (d) cases with pending applications for restraining orders or preliminary injunctions.