Prosecuting husband for concubinage

Prosecuting husband for concubinage "My husband and I separated because of his affair with another woman. My husband is now working in Iraq. In July 2009, my husband swore before the Regional Director of the Commission on Human Rights (CHR) in Pampanga that he would not have a relationship with another woman and would give financial support to us. We have two daughters. As a result, the case that my father filed against my husband before the Regional Office of the CHR was dismissed. However, on September 2009, I received an e-mail from my husband stating that I would no longer receive monthly remittance from him. What case can I file against my husband for withdrawing his monthly support? Can I file a concubinage case against him? How many years will he be imprisoned? LettyDear Letty, Our law on support explicitly provides that you and your children are entitled to support from your spouse. Such support may comprise everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. You are also obliged by law to give support to your children. As such, your husband will give only his share in the total amount of the needs of your children. The other part of it will come from you as their mother. The amount of support that your husband will give shall be in proportion to his resources or his means and the necessities of the recipient.You may file a civil action for support against your husband if he refuses to give support to you and your children before the Regional Trial Court in the place where you live or the place where your husband resides. We regret to inform you that you can no longer file a criminal case for concubinage against him as the case filed by your father against your husband before the Regional Director of the Commission on Human Rights was dismissed. The agreement that was forged between you and your husband before the commission, which also caused the dismissal of his case, was tantamount to a pardon to the offense committed by him against you.Article 344 (2) of the Revised Penal Code provides that the offended party in the crimes of adultery and concubinage cannot institute criminal prosecution for such crimes if he/she shall have pardoned the offenders. Hence, you cannot prosecute your husband for the infidelity he committed prior to the execution of your agreement. However, if your husband violates the agreement after its execution and had illicit relations with other women, you may prosecute your husband for concubinage if he commits any of the following acts:1. Keeping a mistress in the conjugal dwelling2. Having sexual intercourse, under scandalous circumstances, with a woman not his wife and3. Cohabiting with another woman in any other place. If your husband is found guilty beyond reasonable doubt by the court, he may suffer the penalty of prision correccional in its minimum (6 months and 1 day to 1 year, 8 months and 20 days) and medium (1 year, 8 months and 21 days to 2 years, 11 months and 10 days) periods.We hope that we were able to address your concern.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/