Query: How to file a case of adultery and concubinage in the Philippines?

Adultery and Concubinage: Legal Definitions and Distinctions

In the Philippines, adultery and concubinage are considered criminal offenses under the Revised Penal Code (RPC). These offenses apply to married individuals who engage in sexual relations outside of their marriage. The laws surrounding these offenses are gender-specific, reflecting the traditional societal views prevalent at the time the RPC was enacted.

Adultery

Adultery is committed by a married woman who engages in sexual intercourse with a man other than her husband. The male partner, whether married or single, is also guilty of adultery if it can be proven that he had carnal knowledge of the married woman. Article 333 of the Revised Penal Code defines and penalizes adultery.

Concubinage

Concubinage, as defined under Article 334 of the Revised Penal Code, is committed by a married man who maintains a mistress in the conjugal dwelling, cohabits with her in another place, or has sexual relations under scandalous circumstances. The offense can be charged against the husband and the concubine, who is the woman involved.

Filing a Case of Adultery

Gather Evidence: Collect evidence that proves the occurrence of sexual intercourse between the married woman and her paramour. This evidence could include photographs, videos, eyewitness testimonies, or any other material that substantiates the claim.
Sworn Statement: The aggrieved spouse must execute a sworn statement or affidavit detailing the facts of the case and the evidence gathered. This statement should clearly indicate the parties involved and the nature of their relationship.
File a Complaint: The complaint must be filed with the Office of the City or Provincial Prosecutor. The complaint should include the sworn statement and any supporting evidence.
Preliminary Investigation: The prosecutor will conduct a preliminary investigation to determine if there is probable cause to file a case in court. Both parties may be called to provide additional statements and evidence.
Filing in Court: If the prosecutor finds probable cause, an Information will be filed in court. The court will then issue warrants of arrest against the accused parties.

Filing a Case of Concubinage

Gather Evidence: Collect evidence showing that the married man is maintaining a mistress in the conjugal dwelling, cohabiting with her in another place, or having sexual relations under scandalous circumstances. This can include photographs, videos, written communications, or witness testimonies.
Sworn Statement: The aggrieved spouse should prepare a sworn statement or affidavit describing the illicit relationship and providing the evidence collected.
File a Complaint: Submit the complaint, along with the sworn statement and evidence, to the Office of the City or Provincial Prosecutor.
Preliminary Investigation: The prosecutor will evaluate the complaint through a preliminary investigation to establish probable cause. Both the complainant and the accused may be required to submit additional statements and evidence.
Filing in Court: If probable cause is established, the prosecutor will file the case in court. The court will issue warrants of arrest for the husband and the concubine.

Legal Implications and Considerations

Prescription Period: The period within which a complaint for adultery or concubinage can be filed is five years from the date of the commission of the offense.
Consent and Forgiveness: If the aggrieved spouse consented to or pardoned the offense, the case cannot proceed. This consent or pardon must be express and unequivocal.
Impact on Marriage: Filing these charges may have significant personal and social implications, including the potential for annulment or legal separation proceedings.

Conclusion

Filing a case for adultery or concubinage in the Philippines involves a careful gathering of evidence and a structured legal process. The gender-specific nature of these laws reflects traditional societal norms and highlights the importance of understanding the legal requirements and implications before proceeding with such cases.