Castro’s concubinage complaint dismissed

CEBU, Philippines - The Cebu City Prosecutor’s Office has dismissed the concubinage complaint filed by controversial prosecutor Mary Ann Castro against her estranged husband Leodegreco “Greco” Sanchez and his live-in partner for her failure to observe the procedure.

In his comment, Prosecutor Rudolph Joseph Carillo said Castro is not the proper party to initiate the legal action.

Article 344(which deals with the prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness) of the Revised Penal Code provides that the crime of adultery and concubinage shall not be prosecuted except upon the complaint filed by the offended spouse.

Carillo noted that the first marriage of Greco is still subsisting, hinging on an order of the Regional Trial Court Branch 29 in Toledo City dismissing the petition to declare the marriage between Greco and his first wife, Virginia Magnase-Sanchez, as null and void.

With this, Carillo said the offended spouse in this case and the proper party to file the complaint is Greco’s wife in the first marriage.

“Art 344 was enacted out of consideration of the offended woman and her family who might prefer to suffer the outrage in silence rather than go through with the scandal of public trial,” Carillo stated.

In a copy of her complaint-affidavit, Castro alleged that Greco and Gregory have been living together “in illicit relations” despite his marriage to the prosecutor.

Castro and Greco got married in a Muslim rite on Aug. 18, 2015, a day after Greco was released from a drug rehabilitation center, but their relationship eventually turned sour.

They are now living separately after Greco left Castro’s house in Talisay City three months after their marriage since he allegedly could no longer bear the prosecutor’s attitude towards him.

Gregory said she was already living with Sanchez even before he married Castro.

Greco in his counter-affidavit contended that his marriage to Castro is not valid because he did not have full control of his mental and psychological faculties since he just come out from a drug rehabilitation center.

Sanchez also admitted that he and Gregory are living together with their three children. (FREEMAN)