Moral (and Legal) Dilemmas in the Philippines.
(last updated 27 March 2017)
Yesterday while researching information on a completely different subject I came across this article in linking to below.
Although it is several years old at the time of this writing, it’s still as live and viable as if it were written yesterday.
It Can Happen To You
- 1 British man facing seven years in Filipino jail for adultery goes into hiding
- 1.1 How Hard Headed Are You (And What Head Are You Thinking With)?
- 1.2 The Philippines Is NOT What You May Be Used To.
- 1.3 If You Come Here, You Aren’t In Kansas Anymore
- 1.4 The Philippines is one of the few nations that still consider certain “sexual infidelities” crimes.
- 1.5 What is adultery in the Philippines?
- 1.6 And The Law Is Not All You Have To Worry About
- 1.7 And what I am sure you will ask is destierro?
- 1.8 Instead Of Winding Up In Court, You Could Wind Up DEAD
- 1.9 Act accordingly.
- 2 Related Posts
- 3 Share this Article:
A certain segment of my readers absolutely should go and read it, right now, before you come back to hear my further discussion and (lay person, that is non-lawyerly) advice on this subject.
What segment of PhilFAQS readership is that, you ask?
Simple. Those of you currently living with, visiting and cohabiting with and otherwise having a romantic and/or sexual liaison with a Filipina woman who is already married. Anybody out there (no need to raise your hand, I know you’re there)
Go on, go have a read. I’ll excerpt a few points from the article for those who don’t make a practice of following links:
A British man was hiding on a tropical island last night to avoid being jailed for adultery.
David Scott and his Filipina partner Cynthia Villamor are being hunted by authorities in her home country.
Police say Miss Villamor became pregnant with Mr Scott’s child before she officially separated from her ex-husband.
Adultery is illegal in the Philippines, where it incurs a jail sentence of at least seven years.
The couple have already spent several days in a rat-infested prison cell but were released on a technicality.
Mr Scott, 35, who met Miss Villamor on the internet, was advised to return to the UK – but refused to leave without her.
Police are thought to be trying to track the couple down to press charges against Mr Scott.
They then “fell in love” when he flew over to meet her last year.
Miss Villamor later discovered she was pregnant, and Mr Scott, a plasterer, returned to prepare for the birth next month.
His partner’s divorce is not yet finalised. And it is believed her estranged husband Noriel Delfino informed the authorities when he discovered she was pregnant.
Last weekend police officers stormed into Miss Villamor’s parents’ house in the capital, Manila, and arrested the couple.
They were held in a police cell, but then released because of a mix-up over Mr Scott’s name.
Last night he said he was determined to remain with his girlfriend until ‘this mess’ could be sorted out….
Police have told the couple they are each facing at least seven years in jail….
How Hard Headed Are You (And What Head Are You Thinking With)?
A stubborn man, Mr. Scott, but not necessarily a very clever man.
You see whenever I write articles like this … another particularly on-point one regarding adultery in the Philippines is here …
I lose readers and even sometimes get angry mail because people get really incensed feeling that I am trying to impose my “old fashioned” morality on them.
“If I want to go to bed with this woman, I will, none of your business, you stodgy, judgmental, holier than thou old man.”
Well I may be old-fashioned, and I may personally believe it is morally very wrong to cohabit with another person’s spouse, but that is not at all my purpose in writing about the dangers of screwing around with other men’s wives.
You have your own moral code. You are entitled to practice what you think is right. I am no religious leader and I don’t try to impose my views on anyone.
But the plain and simple fact that you have to consider for yourself is this.
The Philippines Is NOT What You May Be Used To.
If you’re like many of my readers, you probably consider who you go to bed with, and what their marital status is is of very little concern. People seem to hop into bed with anyone they wish, and you seldom, if ever, hear much about any negative outcomes.
If You Come Here, You Aren’t In Kansas Anymore
Philippine law imposes its own standards of conduct upon you when you come to visit or live in the Philippines. And it can be a lot more than a laughing matter.
Under the law here, your personal views just don’t have much value in how your life might get changed, perhaps forever, by the consequences of who you chose to take to bed, and in particular, who you chose to father children with.
Forget the “birds and the bees” fairy tales, these are the real-world facts of life.
The Philippines is one of the few nations that still consider certain “sexual infidelities” crimes.
Among those infidelities is the act of adultery. In the Philippines only a wife can be guilty of adultery (yes, double standards apply, and in a big way).
What is adultery in the Philippines?
Let’s see what the Philippines RPC (Revised Penal Code) has to say about adultery.
Adultery means the carnal relation between a married woman and a man who is not her husband, the latter knowing her to be married, even if the marriage be subsequently declared void. Each sexual intercourse constitutes a crime of adultery.
That’s all there is to it, my friends. If she is till married (that is if she does not have a court decree of marital nullity … legal separation is NOT annulment, then she is, in effect, the “property” of her husband and you, who might enter into a relationship with her, are part of a criminal act and bring yourself well within reach of the law.
And The Law Is Not All You Have To Worry About
And by the way? Have you ever considered how angry a husband might become if he finds out that a foreigner is not only having sex with his wife, but has gone ahead and fathered a child with her?
Here’s an interesting little law tidbit. I don’t know how well it would work as a defense against a murder charge in 2017, but I am not about to find out.
I grew up in a United States where many of the states still had laws on the books that made the act of a husband killing an adulterous wife and her lover “justifiable homicide”. In the Philippines this might still be the case. The law is still on the books!
The law provides that “any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro” (RPC, Article 247). The accused spouse, which could be the husband or the wife, must prove the following:
- A legally married person (or a parent) surprises his spouse (or his daughter, under 18 years of age and living with him), in the act of committing sexual intercourse with another person.
- He or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter.
- He has not promoted or facilitated the prostitution of his wife (or daughter) or that he or she has not consented to the infidelity of the other spouse.
The accused must proved that he/she actually surprised the other spouse in flagrante delicto (or in the act of doing the deed), and that he/she killed the other spouse and/or the other party during or immediately thereafter.
And what I am sure you will ask is destierro?
Destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. It is not imprisonment.
Instead Of Winding Up In Court, You Could Wind Up DEAD
So under some aspects of Philippine law, the estranged (but legal) husband can walk in on an adulterous couple, kill them, and suffer no more consequence than a “house arrest” type sentence.
Word to the wise, gentlemen. In your own country,one assumes you know the law and conduct the private aspects of your life accordingly. In the Philippines, Philippine law applies … no matter what country’s passport you carry.
How do you feel about Moral (and Legal) Dilemmas in the Philippines?