Sep 13, 2020 @ 19:21

Consult Atty Claire: Can scorned girlfriend sue two-timing boyfriend for infidelity?

Dear Atty. Claire,

I want to know if an infidelity case can be filed against a man who has two girlfriends. The man has been living with his girlfriend-fiancee for 8 months now, then discovered he has a relationship with another woman. The girlfriend confronted the other woman, who promised to leave the guy. However, the girlfriend found out her boyfriend is still together with the other woman. Is there a legal remedy for this?

Girlie

Dear Girlie,

It is very clear from your story that the guy isn’t married to his girlfriend yet, so there’s no legal basis for an infidelity case to be filed against him for having a relationship with another woman. The girlfriend just cannot force her boyfriend to marry her. It would be a different scenario if the girlfriend and boyfriend were already married, in which case she can sue her husband for concubinage.

The most that the girlfriend can do is file a civil complaint against the other woman to prevent her from alienating the boyfriend’s feelings. Article 26 of the Civil Code states that “Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: Prying into the privacy of another’s residence, meddling with or disturbing the private life or family relations of another; intriguing to cause another to be alienated from his friends; vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.”

The third reason– intriguing to cause another to be alienated from his friends– can cover the instant situation since the other woman is causing the boyfriend to be alienated from his girlfriend.

But before taking any legal action, it would be best for the girlfriend to confront her boyfriend regarding his infidelity. It would also be good for her to assess their relationship, since there’s a big chance her boyfriend could cheat on her even if they end up marrying each other based on his history. The girlfriend might do better by freeing herself from her two-timing boyfriend before walking down the aisle.

For legal questions, send an email to attorneyclaire@gmail.com or call 8922 0245. Please subscribe to the channel, “Ito ang Batas with Atty. Claire Castro,” on YouTube.

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