THE Davao City Prosecutor's Office found probable cause to indict a man and his paramour for concubinage.
Prosecutor Rizalyn Gonzales has recommended in a resolution dated December 13, 2016, the filing of charges against husband Juanito and his girlfriend Hazel for concubinage and Violation of Republic Act 9262 or Violence Against Women and Children.
Based from the resolution, the complainant Elsie, Juanito's wife, alleged that she was forced by her husband to leave their house at Skyline Subdivision Phase 3 in Catalunan Grande, Davao City last February 12, 2016 and that she has been staying in a friend's house since.
She alleged that she has been a victim of her husband's emotional abuse since 1997, when he had an illicit affair with another woman and brought her to their house whenever she was away for work or vacation.
She also claimed being treated badly by her husband and upon leaving the house, her nephew stayed on.
It was her nephew who witnessed the extra-marital affair of the husband as the other woman was brought over to the conjugal house.
He claimed he has seen the respondents kissing each other and that he knows that both are sleeping together in the same house since August 2016.
Last December 6, Elsie went to the Talomo Police to report the matter and then proceeded to the house in the company of policemen and village officials to verify the information given by her nephew.
The group took the lovers by surprise with Hazel still in her sleep wear. Hazel also had clothes arranged inside the bedroom.
"Ayaw hilabti! Gidala nako diri ang babae kay magbulag nata (Do not touch it, I brought the girl here so that we will break up)," the husband shouted at his wife, leading to his and his lover's arrest.
Prosecutor Gonzales said she found the probable cause to indict the respondents of Concubinage under Article 334 of the Revised Penal Code.
Concubinage, as provided by Article 334 of the Revised Penal Code, is committed when a husband keeps a mistress in the conjugal dwelling or shall have sexual relations, under scandalous circumstances, with a woman who is not his wife or shall cohabit with her in any place.