Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Illicit affair

4 posters

Go down  Message [Page 1 of 1]

1Illicit affair Empty Illicit affair Wed Jul 28, 2010 2:16 am

melissa


Arresto Menor

Dear Atty,

i'm an ex OFW from oman, my husband and i both working there. we met an english teacher who work in philippine school of oman we became friends as i am working in a hotel where she is staying, she fully know that my husband and i are married.

When my visa expired i went back to phil leaving my husband behind and decided to find a job while waiting for another opportunity to go back to oman. After a month while accessing my husband email i found out their ellicit affair and warned them, they both told me that they already ended their relationship so i believe them. After 6 mnth i found out that the two remains their relationship then someone send me their photos in bed kissing. i wrote a complain to the school where the teacher is working but i dont think they will let the teacher go

Can i file a case to the girl? even if i'm in phils? is there any way i can send them back in phils? i still love my husband i dont want him to go to jail

hope for your quick response,

Melissa

2Illicit affair Empty Re: Illicit affair Thu Jul 29, 2010 12:45 am

patrick.marin


Arresto Menor

Art. 334 of the Revised Penal COde. 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.

3Illicit affair Empty Re: Illicit affair Thu Jul 29, 2010 9:57 am

resjudicata


Arresto Mayor

Hi Melissa,

Is the “english teacher” an expat or a Filipino OFW teaching English subject in Oman? If the teacher happens to be a foreigner, then I believe our courts have no jurisdiction over her because the offense was committed outside the Philippines. If she is a Filipino, she is also not liable because of the same reason cited above .

The school will definitely ignore your complaint because as I have said, our laws, particularly penal laws are applicable only for those who live or sojourn in the Philippines unless there are existing policies that would make the school liable or answerable as a contractual employer of Filipino workers.

You can inquire with the Dept. of Foreign Affairs, regarding any liability of an OFW who commits extra-marital infidelity.

If you will pursue the complaint for concubinage, you cannot just set aside your husband as respondent. That crime is committed by two persons. But again, the prosecutor will ask you, once you file your complaint, when and where did they commit the crime? The crime that we have in mind (concubinage) is not one of those enumerated as an excemption under the penal code.

By the way, who took the picture of your husband and the teacher kissing in bed? Did they let someone took the photo or it was taken by their camera using the automatic shutter mode?

4Illicit affair Empty Re: Illicit affair Thu Jul 29, 2010 6:05 pm

attyLLL


moderator

the only criminal case that i think has a chance of prospering is psychological violence for repeated infidelity because the violence was experienced in philippine territory. you can try to include both of them as respondents but i believe it will prosper only against your husband.

you can file a civil case for damages against the girl for alienation of your husband's affection under article 26 of the civil code.

https://www.facebook.com/BPOEmployeeAdvocate/

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum