Question: My daughter had a relationship with a man who turned out to be married, but she didn't know he was married at the time. What are the legal implications under Philippine law?

Answer:

Definition of Adultery and Concubinage

In Philippine law, Adultery and Concubinage are crimes against chastity under the Revised Penal Code. Adultery is committed by a married woman who engages in sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her. Concubinage is committed by a married man who engages in sexual intercourse under scandalous circumstances with a woman not his wife, or keeps her in the conjugal dwelling, or cohabits with her in any other place.

Lack of Knowledge as a Defense

For the Woman: The crime of Adultery requires both parties to be aware that the marriage exists. If your daughter genuinely did not know the man was married, she might use this lack of knowledge as a defense. However, she would need to present strong evidence to support this claim.
For the Man: In the case of the married man, knowledge of the marital status is not usually a requirement for prosecution.

Burden of Proof

In criminal cases like Adultery, the burden of proof lies with the prosecution. They would need to prove beyond a reasonable doubt that your daughter was aware of the man's marital status and willingly engaged in the affair.

Legal Consequences

If convicted, the penalties for Adultery are imprisonment and may also include other legal consequences like losing custody of children if any are involved. For the married man, the penalties for Concubinage could also involve imprisonment.

Civil Aspects

Aside from criminal charges, the wronged spouse may also file a civil case for damages against your daughter, although Philippine jurisprudence often finds minimal awards for damages in such cases.

Practical Steps

Consult a Lawyer: Given the serious nature of the accusation and its potential consequences, it is advisable to consult a legal expert immediately.
Gather Evidence: If your daughter claims lack of knowledge about the man’s marital status, gather all possible evidence, like text messages or other written communications, that could support this claim.

Conclusion:

Adultery and Concubinage are serious offenses under Philippine law, and ignorance of the spouse's marital status may be considered a defense. However, the intricacies of proving such ignorance in court make it crucial to consult a legal expert.