Adultery
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ADULTERY (Article 333, Revised Penal Code) ELEMENTS: (a) The woman is married; (b) She has sexual intercourse with a man not her husband; (c) As regards the man who has sexual intercourse with her, he must know her to be married. Notes: 1. There is an existing marriage although it may later on be declared void. 2. In this jurisdiction, the parties cannot determine the validity of their own marriage. The marriage must be declared void by the courts. 3. Sexual intercourse or carnal knowledge need not be established by direct evidence; circumstantial evidence is sufficient. 4. Each sexual intercourse constitutes a crime of adultery. Although the offended husband may pardon the offending wife, pardon only looks back; it cannot be apply to future acts of adultery. 5. Abandonment without justification does not exempt the wife from criminal liability. It is only mitigating. 6. Whatever mitigates the liability of one offender should also apply to the other because judicially speaking, there is only one crime committed by two (2) persons. 7. It is necessary that the man must know that the woman is married. Each sexual intercourse must be attended by this requirement. 8. The man may be single or married. If married, he may be held liable for concubinage upon a complaint filed by his own wife. 9. Both the man and the woman must be prosecuted. But an acquittal of one will not necessarily result in acquittal of the other. 10. The offenders may be pardoned BEFORE the institution of the criminal prosecution and BOTH parties must be pardoned. 11. Sexual intercourse after the adulterous conduct is IMPLIED PARDON. If the husband tolerates the adulterous relations of his wife, that is considered CONSENT and he may no longer prosecute her for adultery. Pardon refers to past adulterous acts while consent refers to future and subsequent adulterous acts. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ++++ JUDICIAL AFFIDAVIT
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Transcript of Adultery
ADULTERY (Article 333, Revised Penal Code)ELEMENTS:(a) The woman is married;(b) She has sexual intercourse with a man not her husband;(c) As regardsthemanwho hassexualintercourse withher,hemust nowher to bemarried!Notes:"! There is an existing marriage although it ma# later on be declared void!$! %n this &urisdiction, the 'arties cannot determine the validit# o( their own marriage! Themarriage must be declared void b# the courts!3! Sexual intercourseor carnal nowledgeneednot beestablishedb#direct evidence;circumstantial evidence is su((icient!)! *ach sexual intercourse constitutes a crime o( adulter#! Although the o((ended husbandma# 'ardon the o((ending wi(e, 'ardon onl# loos bac; it cannot be a''l# to (uture actso( adulter#! +! Abandonment without &usti(ication does not exem't the wi(e (rom criminal liabilit#! %t isonl# mitigating! ,! -hatever mitigates the liabilit# o( one o((ender should also a''l# to the other because&udiciall# s'eaing, there is onl# one crime committed b# two ($) 'ersons!.! %t is necessar# that the man must nowthat the woman is married! *ach sexualintercourse must be attended b# this re/uirement!0! The man ma# be single or married! %( married, he ma# be held liable (or concubinageu'on a com'laint (iled b# his own wi(e!1! 2oththemanandthewomanmust be'rosecuted! 2ut anac/uittal o( onewill notnecessaril# result in ac/uittal o( the other!"3! The o((enders ma# be 'ardoned 2*45R* the institution o( the criminal 'rosecution and25T6 'arties must be 'ardoned!""! Sexual intercourse a(ter the adulterous conduct is %7P8%*9 PAR95:! %( the husbandtolerates the adulterous relations o( his wi(e, that is considered C5:S*:T and he ma# nolonger'rosecuteher(oradulter#! Pardonre(ersto'ast adulterousactswhileconsentre(ers to (uture and subse/uent adulterous acts!;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;JUDICIAL AFFIDAVIT%, 7AR%5 2A:S5T, o( ++ #ears old, electrical engineer, 4ili'ino, marriedand a residento(Alon
