Adulterous relationship

Credit to Author: Persida Acosta| Date: Thu, 05 Dec 2019 16:41:42 +0000

PERSIDA ACOSTA

Dear PAO,
When I was 22, I married my long-time boyfriend Lito. We happily lived together for 10 fruitful years. Regrettably, on our 11th year together, he started to become unreasonably jealous of every man around me. But what forced me to get out of our marriage was when he started hitting me. I became a battered wife. I could no longer endure the physical abuse and had no choice but to leave. I am currently seeing another man and, sooner or later, Lito will find out about it. Also, my current partner and I are planning to have a child of our own. I would like to know if I have any liability under the law?
Nena

Dear Nena,
Yes, you may b e held criminally liable under Article 333 of the Revised Penal Code, which provides:

“Article 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. xxx” (Emphasis supplied)

Thus, in your situation, your husband may file a case against you and your paramour. This is especially true since you mentioned that you and your paramour are planning to have a child of your own.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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.

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