Cheating in Live-in Relationships Philippines

Legal Actions for Cheating in Live-in Relationships

Question:

The client has been in a live-in relationship for 12 years. She found out her partner is cheating and wants to know if she can sue her partner and the third party involved under Philippine law.

Answer:

Legal Status of Live-in Relationships:

In the Philippines, live-in relationships are not granted the same legal protections as marriage. Therefore, offenses like adultery and concubinage are not applicable in the absence of a legal marriage.

Possible Legal Courses of Action:

1. Violence Against Women Act (RA 9262): If your partner's infidelity causes you psychological harm, you could file a case under the Anti-Violence Against Women and Their Children Act of 2004.

2. Civil Cases for Damages: You might pursue civil cases for emotional distress or defamation, although the success of such cases is not guaranteed and they can be expensive and time-consuming.

3. Contractual Obligations: If you have an agreement that explicitly outlines fidelity as a requirement, you might have some contractual grounds for a civil case, though this is rare and difficult to enforce.

Actions Against the Third Party:

1. Lack of Legal Basis: There's typically no legal action you can take against a third party for "homewrecking" in the context of a live-in relationship.

2. Civil Suit for Damages: A civil suit could potentially be filed, but proving damages directly caused by the third party can be extremely difficult.

Legal Protections and Assets:

If you have common assets, it would be prudent to consult a lawyer regarding property rights in live-in relationships, especially since you are not entitled to conjugal property without a legal marriage.

Disclaimer:

This article is for informational purposes only and should not be considered as legal advice. Consult a qualified lawyer for personalized legal assistance.