A controversial photo of a man and his alleged mistress, handcuffed to one another with similar towels shielding their identity, is currently making the rounds on social media. According to a photo shared by Sun Star Cebu on their official page, the pair were arrested in a motel somewhere in Lapu-Lapu City, Cebu.
The man’s wife apparently reported her husband to police. He was then followed and caught while performing an intimate act with his alleged mistress.
“A seaman and his concubine were arrested after the wife caught them inside a motel in Lapu-Lapu City,” read the image’s caption. Since it was posted on December 5, the photo has been shared over 27,000 times on Facebook.
The man’s wife apparently reported her husband to police. He was then followed and caught while performing an intimate act with his alleged mistress.
Over 5,000 comments poured in, ranging from scandalized to supportive—many condemned the police for meddling into the lives of “private citizens”, while others believed shaming the man and his mistress was just fair.
The identity of the couple in the photo has not been released.
But what does the law say? Learn more about it on the next page
For cheating husbands, he as well as his mistress can be charged with concubinage, only if any of the following conditions:
1. He maintains his wife and his mistress in the same house
2. He is living with his mistress in a separate home
3. He and his mistress engage in sexual intercourse under “scandalous circumstances”.
If, for instance, it is the wife who becomes unfaithful, then she and her lover can be found guilty of adultery.
In cases of concubinage or adultery, the “third party” isn’t the only who can be charged; the unfaithful spouse must also be charged.
The offended spouse cannot file a case of concubinage or adultery if he/she in any way “condoned” the act.
What constitutes condonation?
According to GMA News, when the offended spouse has sexual intercourse with the unfaithful spouse even after he/she found out about infidelity. This is because intimacy can be interpreted to mean a form of forgiveness.
If the cheating spouse marries his/her lover, he/she can also be charged with bigamy.
READ: When face-to-face with your husband’s mistress, how would you react?
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