Deleted user
Lawyer
posted 2 years ago
Hi the process for filing concubinage is to first institute barangay blotter of the incident. you will undergo barangay conciliation first and you will be issued certificate to file action if no settlement have been reached. Then you will file a criminal case in the OCP through police assistance. In order to have a strong case, you should prove that your husband exhibited any of the following circumstance pursuant to Art. 334 of the Revised Penal Code: (a)
keeping a mistress in the conjugal dwelling; (b) having
sexual intercourse under scandalous circumstances with a
woman who is not his wife; or (c) cohabiting with her in any
other place. You should have a proof that any of the circumstances are actually committed by your husband and that your husband and his mistress have been presenting themselves to the public as if they are husband and wife.
Under the RPC, the penalty for the husband is prision correccional in its min and medium period that is ranging from 6 mos to 4 years of IMPRISONMENT. Meanwhile, the mistress penalty would be destierro- no imprisonment- mistress will not be allowed to stay within/near the accused's place of residence.
Only the husband will be imprisoned while the case is ongoing. and yes, concubinage is a bailable offense.
