A husband is asking for some legal help on the show, “Sumbungan Ng Bayan”, after discovering that his wife is living with a lesbian in Oman.
However, according to Atty. Kris Gargantiel, the husband can’t file a case against his cheating wife. Gargantiel said that adultery is a crime wherein the wife cheats on her husband with another man and sexual intercourse took place.
In the situation of the netizen who asked for help, his wife is in a relationship with a lesbian, or someone who isn’t biologically a man, according to the content of the Revised Penal Code.
Moreover, there is a “territoriality” of criminal laws in which a crime will only be punishable if it is done in the Philippines.
This is the reason why adultery cannot be filed against the wife of the netizen because they are in Oman.
But this doesn’t mean that the crime of his wife is not punishable in Oman. In fact, the laws in Oman states that the wife is punishable by law in that country. To do so, the husband needs to contact the employer of his wife to report the crime.
In the Philippines, meanwhile, what his wife did can become grounds for legal separation or annulment if the husband wants to legally separate from his wife.