When President Rodrigo Duterte revealed that the female senator engaged in an affair with her married driver who collected drug money was Senator Leila de Lima, his revelations did not stop there.
He also mentioned adultery in de Lima’s case.
“Here is an immoral woman flaunting – well, of course, insofar as the wife of the driver was concerned, it’s adultery,” Duterte said.
But a netizen, Miyako Izabel, posted on her Facebook page the articles in The Revised Penal Code of the PhilippinesThe Revised Penal Code of the Philippines describing adultery and concubinage, entitling her post, “Ano raw ang pagkakaiba ng adultery sa concubinage?”
She wrote, “Title Eleven, Crime Against Chastity” and added, “Chapter One, Adultery and Concubinage.”
Article 333 defines adultery.
“Who are guilty of adultery. – 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 subsequently declared void.
Adultery shall be punished by prision correccional in its medium and maximum periods.
If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.”
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Izabel also cited Article 334 that defines Concubinage.
“Concubinage. – Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.”
De Lima is annulled from her husband.
This meant that if the driver did have an affair with the senator, as alleged by Duterte, his wife could charge him with concubinage, not adultery, as stated by The Revised Penal Code of the Philippines.
Izabel noted why Duterte, who is a lawyer and a former prosecutor himself, does not seem to know that adultery is different from concubinage.
“Alam naman siguro ang mga ‘yan ng mga lawyer o mga law student sa Pilipinas. Bakit hindi alam ng Presidente? Nagtataka lang at nagtatanong?” she said.
In her comment section, Izabel said, “Magbibintang lang at maninirang-puri, mali pa. Married ba ang senadora? Bakit naging adulterer? Kaya palpak agad at bokya ang pasabog. Hindi kasi nag-make sense.”
Duterte has repeatedly cited his being a lawyer and a prosecutor during pubic speeches, even during his State of the Nation Address (SONA) on July 25, when he said, “As a lawyer and a former prosecutor, I know the limits of the power and authority of the President. I know what is legal and what is not.”
Sources: (web.facebook.com, gov.ph, newsinfo.inquirer.net)
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