Mahirap nga lang patunayan ang concubinage.
Read trough here...
Why is concubinage difficult to prove in court?
In order to charge her husband with concubinage, the wife has to prove that he has committed any or all of the three acts mentioned above.
With number (1) above, I think you will agree with me that only a few men would dare to bring or allow his mistress to live in the conjugal dwelling. Not unless, of course, if the wife allows it for whatever reason …
As to number (2) above, an adulterous affair by its nature is done in secret; a man and his paramour cannot be expected to have sexual intercourse under scandalous circumstances.
Now, number (3) above. If a wife seeks legal help in filing a case for concubinage, lawyers will ask her for evidence proving cohabitation. The evidences may be receipts for the apartment for example where the man and mistress are living, receipts for Meralco, PLDT, etc, affidavits of eyewitnesses that the man and mistress are really cohabiting, etc.
If the evidence merely proves that the husband is having an extra-marital affair, he cannot be charged with concubinage.
If the other woman gets pregnant and gives birth, can it be used as evidence for concubinage against the husband? No, the pregnancy is not necessarily proof of cohabitation. Why? Again, please take note of how concubinage is committed as I discussed under numbers (1) up to (3) above.
http://famli.blogspot.co.uk/2006/01/adultery-concubinage-and-psychological.html
Since concubinage is difficult to prove in court, it is better to file a case of psychological violence under RA 9262
Republic Act 9262 or the "Anti-Violence Against Women and their Children Act of 2004” has now come to the rescue of women. Philandering husbands can now be charged criminally even for just ONE incident of marital infidelity under the “psychological violence” provision of RA 9262.
RA 9262 defines psychological violence as:
“acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.”
The penalty for "psychological violence" is a minimum of six years up to twelve years of imprisonment. The maximum penalty is imposed if the violence is committed by the intimate partner against the woman when she is pregnant or in the presence of the common children.
Kaya malakas ang loob ng kabit ng asawa mo dahil ayaw mo ipakulong ang asawa mo.