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i dated a guy i didnt know was married... wife wanted to press charges.. can she?

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starsinthesky


Arresto Menor

hi... i got this problem

long story but bear with me

im a single mom. i dated this guy who said he's got a gf and was pursuing me. i told him i didnt want to date him since he's got a gf so he broke up with her. the girl turned hysterical and started going back at him - charging his credit card, calling his mom to tell stories, etc. at least that's what he told me...

i even lent him money when he got short of cash... stupid me

we were ok for a while, then he started to act funny.. saying things weren't ok at home but he still loves me.. when he started saying suicidal thoughts i broke up with him.. told him he's a jerk who gives up easily. i also tried to get my money back. last night i called him and asked if he could kindly pay me back. i heard screaming in the background.

turned out the girl (his supposed ex) was with him. then i got texts from the girl telling me that they're married, and i should not make habol and saying all those derogatory texts. i replied a few times saying that i just want my money back, and that im sorry i didnt know they're married...

now the wife wanted to scandalize me threatening to go to my office, and file a case against me.. can she? if she can, can i file a case against her as well?

i dont have proof that they're really married.. i met some of they guy's staff, they dont look surprised or anything.. so im not sure if they're married or not

views are appreciated. thanks

attybutterbean


moderator

Article 334 of the Revised Penal Code states that:

“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.

The concubine shall suffer the penalty of destierro.”

Thus, there are 3 circumstances wherein concubinage is present:

(1) When the husband keeps a mistress in the conjugal dwelling;
(2) When the husband has sexual intercourse with another woman under scandalous circumstances;
(3) When the husband cohabits (live together as husband and wife) with another woman in any other place.

Note that mere sexual intercourse is not sufficient to constitute concubinage. It must be under scandalous circumstances. Also, the mistress only gets to suffer the penalty of destierro. Thus, she will not be imprisoned. Lack of knowledge that the man is already married is also a defense in concubinage.

Under the rules of criminal procedure, the criminal complaint for concubinage may be filed only by the offended spouse and she MUST include both guilty parties in her complaint. Therefore, it is mandatory for the offended spouse to file criminal charges not only against the mistress but also against her husband.

If the girl creates scandal in your office thereby ruining your reputation, you can file a criminal case of defamation against her.

A civil case for damages is always an option especially if the act is not criminal under the law.

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