Friday, June 5, 2015

Concubinage

See - The Husband And The Concubine…

THE LAWYER'S POST





"x x x.

In fine, the Court, after a careful consideration of the pertinent laws, as well as the jurisprudence on the matter, holds that the crime of concubinage is within the exclusive original jurisdiction of the inferior courts. The Regional Trial Courts have no original jurisdiction over the said crime. Hence, the court a quo committed no reversible error in dismissing the criminal information against private respondents. At any rate, considering that the dismissal of the case by the court a quo on the ground of lack of jurisdiction is not a bar to another prosecution for the same offense [Rule 117, Secs. 6 and 7, Revised Rules on Criminal Procedure] and considering further that the crime has not yet prescribed [See Art. 90, RPC], the offended wife is not precluded from initiating the filing of another criminal information against private respondents before the proper court.”
x x x."

G.R. No. 88232 February 26, 1990, PEOPLE OF THE PHILIPPINES, petitioner, vs.HON. HENEDINO P. EDUARTE, in his capacity as Acting Presiding Judge of the RTC, Br. 22, Cabagan, Isabela; ELVINO AGGABAO and VILLA SURATOS, respondents.