Filipino Laws $$$$ Foreigner Laws

[Old55]

 

How would this story play out if the Husband of the cheating wife were an Expat? 

 

 

In bed with another man? Husband catches “cheating” wife

By Christell Fatima M. Tudtud (The Freeman) | Updated October 28, 2014 - 12:00am

CEBU, Philippines – What happened to Argie Arnejo, 27; Brenda Arnejo, 21; and Salvador Samar, 38, could be likened to a plot of a nightly television show or teleserye.

Argie, a maintenance staff worker, ended up stabbing Samar late Saturday evening after catching him and Argie’s wife Brenda together in bed.

Argie and Brenda are civilly married for about four years already, according to the police.

On the other hand, Samar was identified to be a married man who lives in a village in Barangay Punta Princesa, Cebu City.

Initial investigation revealed that Argie was heading to their rented room in Barangay Basak, Lapu-Lapu City that night to return his working clothes when he heard a commotion from inside the room.

Curious, Argie knocked on the door and Brenda opened it for him.

When Argie came in, however, he noticed a man hiding under their bed.

The man turned out to be Samar, a technician at a Mactan Export Zone firm where Argie’s wife also works as a production operator.

Out of anger, Argie, armed with a knife, stormed the bed, then kicked and stabbed Samar many times.

Samar sustained wounds in the back but managed to get his way out through the window. He was then brought by concerned citizens to Mactan Doctors’ Hospital.

After the incident, Argie voluntarily surrendered to the Barangay Public Safety Officers in Basak and was then turned over to the Lapu-Lapu City Police Office where he is currently detained.

Police Officer 1 Jomar Florentino, homicide investigator at LCPO, said that during interrogation, Argie said he had doubted the actuations of his wife, especially because she is still young and can be vulnerable.

From what Argie learned, the affair between his wife and Samar was already going on for a month.

The FREEMAN tried to reach Brenda’s camp but could not contact her as of press time yesterday. Argie said she could be staying with a friend or relative in Mandaue City.

Though Samar is still being treated in the hospital, he was reported to have already asked forgiveness from his wife for what he had done.

Police said Samar may pursue a frustrated homicide case against Argie but the latter may also file charges of adultery and concubinage against his wife and Samar, respectively.

Argie could not yet decide on the next action to take, pending the advice of his legal counsel.

It is not also known whether Samar would formally press charges against Argie.

[Methersgate]

Well, he could have killed him, and gone free; iirc the Philippines still retains the defence of "in flagrante delicto".

[komments]

Frustrated homicide?  Now THAT is funny.

[MikeB]

How would this story play out if the Husband of the cheating wife were an Expat? 

From a legal standpoint, probably the same but there would be a much bigger financial expectation on the part of the victim. 

[Americano]

I grew up in Alabama, USA where I heard of a few cases there were a husband came home and caught his wife in bed with another man. The husband killed the other man but was never arrested or charged with anything.  I like the Alabama laws.

 

In this case the husband could be charged with "frustrated homicide"?   How could it be homicide when no one died?  Only in the Philippines.

Edited October 28, 2014 by Americano

[Methersgate]

I grew up in Alabama, USA where I heard of a few cases there were a husband came home and caught his wife in bed with another man. The husband killed the other man but was never arrested or charged with anything.  I like the Alabama laws.

 

In still case the husband could be with "frustrated homicide".   How could it be homicide when no one died?  Only in the Philippines.

 

"Frustrated Homicide" means "Attempted Murder" - it was frustrated because the intended victim did not die.  

[Americano]

 

I grew up in Alabama, USA where I heard of a few cases there were a husband came home and caught his wife in bed with another man. The husband killed the other man but was never arrested or charged with anything.  I like the Alabama laws.

 

In still case the husband could be with "frustrated homicide".   How could it be homicide when no one died?  Only in the Philippines.

 

"Frustrated Homicide" means "Attempted Murder" - it was frustrated because the intended victim did not die.  

 

 

I understand now, the husband was frustrated because the SOB escaped out the window before he could homicide him.

[MikeB]

"Frustrated Homicide" means "Attempted Murder" - it was frustrated because the intended victim did not die.

They're not the same.

"In a frustrated felony, the offender has performed all the acts of execution, which should have produced the felony as a consequence, but did not for some reason independent of the offender’s will. In an attempted felony, the offender merely begins the commission of the crime by some overt acts but does not perform all acts of execution due to some cause or accident other than the offender’s own spontaneous desistance."

http://www.manilatimes.net/attempted-or-frustrated-murder/32274/

[Coffeehound]

I grew up in Alabama, USA where I heard of a few cases there were a husband came home and caught his wife in bed with another man. The husband killed the other man but was never arrested or charged with anything. I like the Alabama laws.

In this case the husband could be charged with "frustrated homicide"? How could it be homicide when no one died? Only in the Philippines.

Yeah, when I was a kid all the guy had to do was claim he was simply defending his wife who he 'naturally' thought must be being raped. Poof go the charges, instant no-bill from the grand jury!

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