i dont know if this is applicable to your friend but it seems similar... (ulitin ko hindi ako lawyer, kaya mas mabuti talagang humanap ang friend mo ng totoong lawyer) http://famli.blogspot.com/2006/01/adultery-concubinage-and-psychological.html
atty. my husband is at california right now, he has a lover and has a child on that woman.although, im here at phil, can i still compalin here at the us embassy here at the phil? can i charge him concubinage? and can i file also a case on her lover and her parents that keeping ther son doing?
March 05, 2008 3:00 PM
Atty. Gerry T. Galacio said...
1. As I explained in my article, it is much better to use psychological violence under RA 9262 than concubinage under the Revised Penal Code. This is because concubinage is very difficult to prove in court.
2. Your husbandÃƒÆ’Ã‚Â¢ÃƒÂ¢Ã¢â‚¬Å¡Ã‚Â¬ÃƒÂ¢Ã¢â‚¬Å¾Ã‚Â¢s actions of having a lover and a child constitute psychological violence under RA 9262. You have the options of filing (a) civil case for damages; (b) criminal case; and/or (c) Protection Order. Since he is presently abroad, you have to wait for him to come back here to the Philippines before filing an RA 9262 case against him. So that he would be able to leave the country while the case is going on, you can ask the court to issue a Hold Departure Order as part of a Protection Order.
The case must be filed with the Philippine courts, not with the US embassy.
andun din ito sa website na yun...
Concubinage is difficult to prove in court; it is better to file a case of psychological violence under RA 9262
Republic Act 9262 or the "Anti-Violence Against Women and their Children Act of 2004ÃƒÆ’Ã‚Â¢ÃƒÂ¢Ã¢â‚¬Å¡Ã‚Â¬Ãƒâ€šÃ‚Â has now come to the rescue of women. Philandering husbands can now be charged criminally even for just ONE incident of marital infidelity under the ÃƒÆ’Ã‚Â¢ÃƒÂ¢Ã¢â‚¬Å¡Ã‚Â¬Ãƒâ€¦Ã¢â‚¬Å“psychological violenceÃƒÆ’Ã‚Â¢ÃƒÂ¢Ã¢â‚¬Å¡Ã‚Â¬Ãƒâ€šÃ‚Â provision of RA 9262.
RA 9262 defines psychological violence as ÃƒÆ’Ã‚Â¢ÃƒÂ¢Ã¢â‚¬Å¡Ã‚Â¬Ãƒâ€¦Ã¢â‚¬Å“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.ÃƒÆ’Ã‚Â¢ÃƒÂ¢Ã¢â‚¬Å¡Ã‚Â¬Ãƒâ€šÃ‚Â
The penalty for "psychological violence" is a minimum of six years up to twelve years of imprisonment. The maximum penalty is imposed if the violence is committed by the intimate partner against the woman when she is pregnant or in the presence of the common children.