Dealing with a Spouse's Extra-Marital Affairs and Tribal Marriage: Legal Options in the Philippines

Question:

My husband has children outside our marriage, and I recently discovered that he got married through a tribal wedding. What legal case can I file against him?

Answer:

Applicable Laws:

Revised Penal Code: Articles related to adultery, bigamy, and concubinage may be relevant.
Family Code: Provisions related to the validity of marriage and marital relations.

Types of Cases You Can File:

Adultery: If your husband has had sexual relations with another woman during your marriage.
Concubinage: If your husband is keeping a mistress in a place other than your conjugal home.
Bigamy: If the tribal wedding can be proven to be legally recognized, and he did not have legal justification for remarrying, you may be able to file a bigamy case.

Steps to Take:

Gather Evidence: Secure proof of the extra-marital affair and the tribal wedding.
Consult a Lawyer: Seek professional advice to assess your situation and provide tailored advice on how to proceed.
File the Appropriate Complaint: Submit the complaint and the gathered evidence to the prosecutor's office for preliminary investigation.

Considerations for Tribal Marriages:

Tribal weddings may not necessarily be recognized as legal marriages under Philippine law, depending on various factors such as the customs of the tribe. Consult your lawyer for the specifics related to your case.

Child Support:

If your husband has children outside the marriage, you might also want to explore filing for child support, especially if these children are legally acknowledged by him.

Civil Aspect:

Apart from criminal liability, you may also be entitled to claim moral and exemplary damages arising from the violation of your marital rights.

Can I Revoke Property Given to Him?

It depends on the property regime governing your marriage and the nature of the property. Legal advice is necessary for this aspect.

What if He Apologizes?

An apology may not be enough to absolve him of legal liability, especially if a criminal act has been committed.

Disclaimer:

This article is intended for informational purposes only and should not be considered legal advice. Consult a qualified attorney for advice specific to your situation.