Alienation of Affection

Does Alienation of Affection exist in Philippines?

I need an advise if i can sue my husband's mistress for Alienation of Affection? I dont have concrete evidence but i have tons of witnesses of the affair they have. Though they were not caught having sex on bed but all the signs are visible that they are having an illicit relationship.
The lady was his 2nd cousin. My husband and I agreed to sponsor her education. In fact, we decided that it would be good for all parties if the lady will study and stay at my mother's house. Everything was fine initially. Eventually, I always feel jealous with the lady as my husband spends time calling and txting her whenever we are away from her(during my vacation in phil). We always had a fight because i can feel that my husband loves her so much that it bothers me as it is no longer within normal affection between cousins.
Latetly, my family found out that they had a relationship for a long time. They sleep together in our room and they were caught on such scenes of showing their affection like touching each others private parts, or the lady will just dive on top of my husband. I have so many witnesses to prove that they have relationship but i dont have concrete evidence.
Can i still sue my husband's mistress? I can feel that my husband's love for me was taken by his mistress. I am currently pregnant but he did not even bother with his child as he is bothered and worried on what will happen to his mistress now since i told his parents of their affair.
Please advice me on what i should do. The mistress is hiding now and they are not together. I'm goin home to phil on Sep for delivery but i want to file the case soon. Can i authorize my mother to file the case on my behalf?
I will greatly appreciate your help as i am so distress.
Thank you.

the equivalent is art. 26 of the civil code for interference in family affairs, and seek monetary damages. yes, you can issue an SPA to allow your mother to initiate the case for you.

i don't understand how you can say people have seen them touching each other's private parts and say you don't have evidence? the people who saw will not testify for you?

Thank you for your response. All my witnesses are willing to testify for me but if the court will ask for tangible evidence then i can't provide it. If the court will accept my testimony and my witnesses testimony then, that's great to know.

Can she be put behind bars if i win the case? Do i have big chance to win the case?

Appreciate your help.

the court,at most, issue an order that she keep away from your husband, and to pay you monetary damages if she has assets.

your case will not have any chance unless you take the chance of filing it. whether it will prosper depends on the evidence. of course, the lawyer's skill plays a factor, too. good luck.

Good Day Atty.,
I had asked my mother to consult a lawyer for the case i would like to file against the mistress of my husband. I told her the reference of art. 26 of the civil code for interference in family affairs. However, the lawyer said that the definiton of Art 26 is "All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)".

It seems that the lawyer that my mother had asked did not able to give the answer of the case i want to file (Alienation of Affection).

Can you please advise if there is any revised law for this Art 26?

Thank you.

Please do not confuse Art. 26 of the New Civil Code as advised by AttyLLL and the Art. 26 of the Family Code as referred to by your mother's consulted lawyer.

Good Day Atty.,
Hope you are well.
Further to the case I am contemplating to file against the mistress of my husband (Art 26 of Civil code), will it be possible to file a case against her since she is hiding and i don't know her exact address but i know in which city she stays? My husband is the only person knows where she is currently residing but he will never disclose the information. My husband will be sending her to school and i can only confirm which school she will enroll when the shool year starts. I can use her school address for this case?

I also am considering of filing Concubinage (husband & mistress) and Pyschological Violence (husband). These are criminal cases as i was informed, how many years is the leeway that I must I file these cases before it will no longer valid? Does it help if I would request my witnesses to prepare there sworn statements in front of an atty and I will just keep those documents? I will use it when I decide to file the case, but of course my witnesses will be present during the court hearing or when their presence is required.

I am currently working abroad, if i will file these criminal cases, how long do i have to stay in Philippines? How long does it take to start the hearing?

Your advise will be highly appreciated.

Thank you.

lizznell wrote:Good Day Atty.,
I had asked my mother to consult a lawyer for the case i would like to file against the mistress of my husband. I told her the reference of art. 26 of the civil code for interference in family affairs. However, the lawyer said that the definiton of Art 26 is "All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)".

It seems that the lawyer that my mother had asked did not able to give the answer of the case i want to file (Alienation of Affection).

Can you please advise if there is any revised law for this Art 26?

Thank you.

Attorney is refering to "Civil Code" of the Philippines and your attorney gave you Art. 26 of the Family code. mag-kaiba po yun.

Thank you Concepab. That has been clarified by ibonidarna a week ago.

Good Day Atty.,
Hope you are well.
Further to the case I am contemplating to file against the mistress of my husband (Art 26 of Civil code), will it be possible to file a case against her since she is hiding and i don't know her exact address but i know in which city she stays? My husband is the only person knows where she is currently residing but he will never disclose the information. My husband will be sending her to school and i can only confirm which school she will enroll when the shool year starts. I can use her school address for this case?

I also am considering of filing Concubinage (husband & mistress) and Pyschological Violence (husband). These are criminal cases as i was informed, how many years is the leeway that I must I file these cases before it will no longer valid? Does it help if I would request my witnesses to prepare there sworn statements in front of an atty and I will just keep those documents? I will use it when I decide to file the case, but of course my witnesses will be present during the court hearing or when their presence is required.

I am currently working abroad, if i will file these criminal cases, how long do i have to stay in Philippines? How long does it take to start the hearing?

Your advise will be highly appreciated.

Thank you.

lizznell, if you are already consulting a lawyer directly, it may be better for you to direct these questions to him unless you can say he is negligent.

Thank you for your reply Atty., I haven't consulted a lawyer directly yet. I tried to get this information from a lawyer through my mother but it seems that there's a miscommunication in between (reference, Art 26 of Civil Code, i was given Art 26 of Family code). I cannot expect too much from my mother as she is old. I am more confident and assured if I get the advise from you.

Thank you.

your issues are more about gathering evidence rather than legal. if you were not authorized to access those messages, you cannot use them in court.

What if walang assets ang mistress para sa monetary damages. Ano po yung pede na punishment nya? Hinde sya makukulong?

lele468 wrote: What if walang assets ang mistress para sa monetary damages. Ano po yung pede na punishment nya? Hinde sya makukulong?

If walang siyang pam-bayad e di wala. you need to file criminal case para maipakulong siya.

Hello Atty,

Is there a prescriptive period in filing "Alienation of Affection" case? I have learned abount their illicit affair last Oct 2012. I have just learned about this legal action, parang nabuhayan po ako ng loob. The mistress is an HR Mgr of their bank and 8yrs older than my husband. I already filed complaint but the mistress is so influential, she was not dismissed from job for being Unfit as a banker. May laban po ba ako? Thanks.