Adultery and Concubinage in the Philippines: Legal Implications for Separated Couples

Query: Can a separated woman be sued for adultery if she lives with another man while still legally married?

In the Philippines, the legal framework surrounding relationships outside of marriage is governed by the Revised Penal Code. This article examines the implications of adultery and concubinage, particularly focusing on situations where a married couple is separated but not legally divorced.

Adultery: Definition and Consequences

Adultery is defined under Article 333 of the Revised Penal Code. It occurs when a married woman engages in sexual intercourse with a man other than her husband. Both the woman and her lover can be charged with the crime. For adultery to be established, the following elements must be proven:

1. The woman is married.
2. She engages in sexual intercourse with a man who is not her husband.
3. The act occurs during the marriage.

The penalty for adultery is prision correccional in its medium and maximum periods, which ranges from 2 years, 4 months, and 1 day to 6 years.

Concubinage: Definition and Consequences

Concubinage, on the other hand, is defined under Article 334 of the Revised Penal Code. It applies when a married man cohabits with a woman who is not his wife under scandalous circumstances, or he keeps a mistress in the conjugal dwelling, or he maintains a woman in another place. The essential elements of concubinage are:

1. The man is married.
2. He maintains a woman who is not his wife in a conjugal dwelling or under scandalous circumstances, or cohabits with her in any other place.
3. The act occurs during the marriage.

The penalty for concubinage for the man is prision correccional in its minimum and medium periods, ranging from 6 months and 1 day to 4 years and 2 months. The woman involved can be punished with destierro, meaning she is banished from a certain place or places.

Legal Separation and its Impact on Adultery and Concubinage

In the Philippines, legal separation is a court-decreed separation of spouses, which does not dissolve the marriage bond but allows the spouses to live separately. It does not permit them to remarry. If a couple is separated but not legally, meaning they are merely living apart without a court decree, the legal marital obligations and prohibitions still apply.

Implications for Separated Couples

Even if a couple is separated informally (i.e., without a legal separation decree), they are still legally married. Thus, if the wife engages in a relationship with another man, she can be sued for adultery. Similarly, if the husband engages in a relationship under the circumstances described for concubinage, he can be sued.

Conclusion

In summary, in the context of the Philippines, a woman who is separated but not legally divorced can still be sued for adultery if she lives with another man. The same applies to a man under the rules of concubinage. Legal separation does not dissolve the marriage bond, and thus, the legal restrictions on extramarital relationships remain in force. Understanding these legal implications is crucial for anyone navigating a separated marital status in the Philippines.