Monday, July 30, 2012

Adultery In a Nutshell

Or how to commit adultery. :)

Kidding aside.

Today one of the questions that I answered was "What is the penalty for those who are found guilty of adultery?"

I had to hurriedly browse through my codal (the small bible looking book that law students and lawyers rely on to look for laws without annotations) because truth be told I have not memorized the penalty for this crime.

The answer to  the the texter's question is prision correccional in its medium and maximum periods. The penalty is basically From 2 years, 4 months and 1 day to 4 years and 2 months. up to From 4 years, 2 months and 1 day to 6 years.

But what is adultery anyway?

Article 333 provides that "Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void."

The offenders of this crime are the married woman and her lover. However the lover can only be found guilty of the crime if he is aware that the woman he is having a relationship with is a married one.

Adultery when compared to concubinage would show the clear bias of our laws in favor of men.

Bu what is concubinage anyway? The answer to that would need another blog. :)

(also submitted for the column with the Sarangani Journal) 



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