Unfaithful Husband? Charge The Husband and His Paramour for Psychological Violence!
I have been reading a few of Atty. Gerry Galacio's blog "Family Matters" and ran into the truth that an extramarital affair can actually be charged with the damage of psychological violence. Don't believe me? Try reading it. Here's one thing I can agree- it's really HARD to prove concubinage in court due to the lack of evidences due to the following facts according to Atty. Gerry Galacio:
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.
Based on experience, I've also encountered this kind of example- a man may have left his house, may be living in another house with his paramour yet he still continues to use former address as his registered address while his mistress' name is used to fill out for various bills they have to pay. Let's just say this is the case: the man lives in Quezon City as of recent but he used to live in Makati City with his wife. He leaves his wife and children and lives with his paramour in Quezon City. However in filing his income taxes or applying for various forms like memberships to various establishments, he still continues to write his address in Makati City. Then to avoid being caught, he asks his brother to acknowledge his illegitimate child as the father when it is not the case. The paramour is asked to stand as "head of the house" of the guy's new residence which he built for his new "wife" and registered the new house under the name of the paramour since live-in partners may not also donate properties to each other (because they are living under the same roof, if it were allowed, live in relationships would be tolerated) to hide the nullity of the donations should they be found out. So in giving properties to the mistress, he uses his old address to make sure he is not caught by the higher authorities. He may even have to "move out" of his new mansion with his mistress to have a "clean getaway". However as said, be sure your sin will find you out.
So the law's offer is to charge it under PSYCHOLOGICAL VIOLENCE which RA 9262 defines 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.”
Here's some basic facts about the penalties for psychological violence still under RA 9262:
The penalty for "psychological violence" under RA 9262 is a minimum of six years up to twelve years of imprisonment. The maximum penalty is imposed if the violence is committed by the husband or the intimate partner against the woman when she is pregnant or in the presence of their children.
Which is really heavier compared to this on concubinage:
For the husband, the penalty of prision correccional in its minimum period is imprisonment from six months and one day. In its medium period, the penalty is from 2 years, 4 months and one day to 4 years and one day. Simply stated, the longest time that a husband will be imprisoned is 4 years and one day.
On the other hand, the penalty for the mistress is destierro (exile), not imprisonment.
Looking at it, psychological violence DOES weigh bigger than the "charge on concubinage" because it will really reach up to 12 years of imprisonment. Thinking of it as an example, the paramour using her boyfriend's social networking account to spite the legal family, using her boyfriend's email, etc. would really fall as psychological violence. That means it won't be exile- it could be rightfully IMPRISONMENT for that woman. Seriously, concubinage should be always considered an act of psychological violence as well.