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Man faces up to over Four Years in Jail

Swiss national Daniel Scholz, 62, and his Filipina girlfriend, Daisy Jane Falsis, 42 face “concubinage” charges. Both are residents of Navarra Avenue Barangay, Poblacion Proper in Mambusao, Capiz. The charges were probably as welcome as a porcupine in a nudist colony.

“SWISS NATIONAL & FILIPINA GIRLFRIEND ARRESTED FOR CONCUBINAGE”

The Swiss national and his alleged Filipina girlfriend were arrested in Mambusao, Capiz. Mambusao is in the province of Capiz, Philippines.

Judge Joevy Valenzuela of Mambusao, Capiz issued the warrants for their arrest on Sept 30, 2020. According to a Daily Guardian report, the court recommended a P30,000 (600 USD) bail for each accused.

The duo was unable to post bail at the time this story went online. They were enjoying the luxurious accommodations at the Mambusao Municipal Police Station.

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Acts of Lasciviousness

Concubinage is punishable by imprisonment ranging from 6 months and 1 day to 4 years and 2 months.  The husband can only face arrest for concubinage. In contrast, the mistress merely faces a charge of destierro.  Consequently, it is akin to a restraining order. Furthermore, the mistress may not enter designated places within the radius specified by law. 

In the Philippines, only the woman can face adultery charges. For adultery the guilty wife and her lover can go to prison for up to 6 years.

Article 334 of the Revised Penal Code punishes the husband for concubinage when he commits any of the following acts:

  • He shall keep a mistress in the conjugal dwelling.
  • He shall have sexual intercourse under “scandalous circumstances” with a woman other than his wife.
  • The man shall cohabit with his mistress in any other place.

The offended spouse is the only person who can file charges for concubinage. It is a “private crime.”

“Scandalous circumstances” does not mean the couple has to have sex in public.  It means that the affair was done in the general sight of the community. In other words, as to offend prevailing community standards.

Up to 12 Years in Jail for Unfaithfulness

Unfaithfulness is also punishable under Republic Act No. RA 9262. Aka, the Anti-Violence against Women and Their Children Law (“VAWC Law.”)  Repeated marital infidelity is akin to psychological violence. It is punishable with a stiffer imprisonment of 6 years and 1 day to 12 years. In addition, violation of the VAWC law is a “public crime.” Therefore, any citizen having personal knowledge of the circumstances may file the complaint.

(With reporting from Nicolas and De Vega Law Offices)

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