Query: What legal action can a wife take if her husband has impregnated a mistress and they are living together?
In the Philippines, the issue of infidelity and cohabitation between a husband and his mistress raises several legal concerns. The country recognizes infidelity as a ground for legal separation and a potential basis for charges of concubinage under certain circumstances.
1. Legal Separation
Legal separation allows a married couple to live separately while remaining legally married. One of the grounds for legal separation under the Family Code of the Philippines is sexual infidelity. To file for legal separation, the innocent spouse must file a petition with the proper court. If granted, the court will issue a decree of legal separation, which separates the spouses but does not dissolve the marriage.
2. Concubinage
Concubinage is a criminal offense in the Philippines under Article 334 of the Revised Penal Code. A husband may be charged with concubinage if he keeps a mistress in the conjugal dwelling, has sexual intercourse with her under scandalous circumstances, or cohabits with her in any other place. The penalties for concubinage include imprisonment for the husband and for the mistress.
3. Annulment or Declaration of Nullity
An annulment or declaration of nullity may be sought if the marriage is void or voidable. Grounds for annulment include psychological incapacity, lack of parental consent, or fraud. However, infidelity itself is not a ground for annulment, though it can contribute to a declaration of nullity based on psychological incapacity.
4. Custody and Support
If the couple has children, the wife can seek sole custody of the children if the husband's behavior is deemed detrimental to their welfare. Additionally, the wife can claim child support, as the law obligates both parents to provide for their children. The wife may also claim spousal support, depending on the circumstances.
5. Protection Orders
In cases of abuse, including emotional or psychological abuse, the wife can seek protection under the Anti-Violence Against Women and Their Children Act (Republic Act No. 9262). The law provides for temporary or permanent protection orders to safeguard the wife and her children from further harm.
Conclusion
The wife has several legal options available to address her husband's infidelity and cohabitation with a mistress. These include legal separation, filing a case for concubinage, seeking an annulment or declaration of nullity, claiming custody and support, and seeking protection orders. It is advisable for the wife to consult with a lawyer to understand her rights and determine the best course of action based on her specific circumstances.