Dear Attorney,
I would like to know if it is possible for me to file a case solely against my husband's mistress. I feel deeply wronged by her actions and want to understand my legal options. Could I pursue a legal case against her alone, even without involving my husband in the process?
Sincerely,
A Concerned Spouse
Insights
In the Philippines, the legal remedies available for a wife seeking to file a case against her husband's mistress are limited and are governed by specific provisions under the Revised Penal Code. The law does provide recourse, but it is essential to understand the full legal context and the limitations involved.
The crime of concubinage, as defined under Article 334 of the Revised Penal Code, is applicable in this situation. However, this crime involves both the husband and the mistress, and under Philippine law, you cannot file a case solely against the mistress. The law requires that the husband must be included in the complaint because concubinage is considered a crime against marriage and family, where both parties involved in the adulterous relationship are responsible. To successfully prosecute, the wife must file the case against her husband and the mistress jointly.
Under Article 334, concubinage occurs when a husband cohabits with his mistress in the conjugal dwelling, engages in scandalous relations with her, or maintains her in another residence. In these cases, both the husband and the mistress can be criminally charged, but it is important to note that the penalties differ for the husband and the mistress. The husband may face imprisonment for a term of prision correccional in its minimum and medium periods (from 6 months to 4 years and 2 months), while the mistress may be sentenced to destierro, which is an order to stay away from certain places or the offended party.
However, the law does not allow the filing of an independent case against the mistress alone for her participation in the extramarital affair. If your objective is to hold her legally accountable, you must include your husband as a co-accused in the complaint. Moreover, filing a criminal case like concubinage requires concrete evidence, such as proof of cohabitation or scandalous conduct.
If you are seeking civil remedies instead of criminal prosecution, it is essential to consult with a lawyer to explore whether there are other legal actions available, such as a petition for legal separation or an action for damages. While civil cases may provide a different avenue for addressing your grievances, they will also typically involve both parties—the husband and the mistress.
In conclusion, while your desire to file a case against your husband's mistress is understandable, the law mandates that you file it against both the husband and the mistress under the crime of concubinage. It would be prudent to seek further legal guidance to determine the best course of action based on your situation.