how to file a complain doe a mistress

my husband and i are marries for 7 yrs already. 2 and half years ago he left us. he stayed at his mothers house because he and my parents have conflicts. we did not stayed at him but we are still a couple but not living in the same house. my problem is, just this January he met this teacher. she keep on visiting him at their house when we are not there. just this march they had sex in their house, because he lived there alone. i want to file a complain with girl...but i don't know where and what. will i need a proof because there are lots of witnesses that the girl is coming and sleeping there whenever she wants to have sex with my husband.

The criminal act of concubinage is present when a husband commits any of the following acts:

(a) Keeping a mistress in the conjugal dwelling;
(b) Having sexual intercourse with a woman other than his wife under scandalous circumstances; or
(c) Cohabiting with a woman not his wife.

Under our criminal law, when a married woman had sexual intercourse with a man not her husband, the married woman commits adultery. The same is not true when a married man had sexual intercourse with a man not her wife. Mere sexual intercourse by a married man to a woman not her wife is not punishable. Unfair for the female species? Probably, but it is the law.

Note that under paragraph (b), in order for concubinage to be present, the sexual intercourse must be under scandalous circumstances. For example: Husband had sex with a woman not his wife inside an elevator of a commercial building.

Under paragraph (a), having a mistress does not per se constitute concubinage. In order to constitute concubinage, the married man must have a mistress and keeps her in the conjugal dwelling. Meaning, the mistress actually lives in the same house where the married couple is residing. For example: Husband having sexual relationship with the housemaid.

Under paragraph (c), there is concubinage if the married man cohabits with a woman not her wife. Meaning, the married man lives together with the other woman under circumstances that will lead others to believe that they are husband and wife. For example: Husband lives together with a woman not his wife and they represent to the community that they are husband and wife.

Your story is not that clear but if it falls in any of the 3 instances, you can file a criminal complaint for concubinage. However, you have to include in your complaint both your husband and his other girl (if she has knowledge that your husband is married). Otherwise, your complaint will not prosper. Also, you must not have pardoned (forgive) your husband and his other girl so that you will not be precluded from filing the criminal complaint.

Please also note that in concubinage, the penalty to be imposed against the concubine (your husband’s girl) is only destierro, meaning, she is only prohibited from residing in a certain place. In other words, the “concubine” will not be imprisoned.

Aside from the criminal case for concubinage, you also have the option to file other cases, such as: (a) civil case for damages; and (b) administrative complaint with the PRC (since you mentioned that she is a teacher). You may want to try to have her license removed for immorality.

ano po ba punishment sa civil case damages? Lilitisin po ba muna if concubinage ang case or kahit extra-marital affair pwede file ng CIVIL CASE DAMAGES..

IMPRISONMENT po ba ang punishment ilan years po?

sino po ang parurusahan both man and mistress po?

BAILABLE po ba case na 'to?

How much po ang babayaran ng mitress if my penalty?

a civil case for damages is all about money. the amount depends on the circumstances and the appreciation of the court.

a criminal case of concubinage may result in imprisonment of the husband, but the concubine is punished only with banishment from the place of residence of the man.

yes, bailable.

Attorney"

Paano naman po if both my husband and his mistress are living together in saudi right now. 2 na anak nila pero inuwi na nila sa pilipinas at iniwan ito sa mga magulang ng asawa ko.

ano po gagawin ko para ma file ito. sa cebu po kami kinasal sa huwes taga cebu din ang asawa ko. nandon na rin sa pamamahay nila ang dalawang bata sa pangangalaga po ng aking biyenan.

Salamat po in advance

is the husband still sending support to you? do you have children?

No my husband is not supporting. We have a 10 year old son.

Actually I already have a warrant of arrest for him. Nag file kasi ako ng RA 9262.Kaso di pa naman cya apektado nito because he is still at jeddah .

there's not much you can do unless you are able to monitor his return and have him arrested.