Concubinage Case Filing Cost in the Philippines
All You Need to Know

1. Introduction

Under Philippine law, concubinage is a criminal offense defined and penalized under the Revised Penal Code (RPC). It involves a married man who keeps a mistress in the conjugal dwelling, has sexual intercourse under scandalous circumstances with a woman not his wife, or cohabits with her in any other place. While adultery and concubinage both address marital infidelity, the elements, penalties, and procedures for filing charges differ depending on whether the accused is a wife (adultery) or a husband (concubinage).

A common question among spouses considering legal action for concubinage is the cost of filing the criminal case. This article explains the nature of the offense, the process of filing a concubinage complaint, associated fees (if any), and related considerations.

2. Legal Basis: Article 334 of the Revised Penal Code

The pertinent provision is found in Article 334 of the Revised Penal Code, which states:

“Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse under scandalous circumstances with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prisión correccional in its minimum and medium periods.”

Meanwhile, the penalty for the offending woman (the concubine) is destierro (banishment), which requires her to stay away from certain places for a specified period.

2.1. Elements of Concubinage

For a criminal charge of concubinage to prosper, all the following must be present:

The man is legally married.
He is cohabiting with a woman not his wife in any place, or he keeps her in the conjugal dwelling, or he has sexual intercourse with her under scandalous circumstances.
There is proof that the relationship or acts fall within the definitions under the law (e.g., continuous cohabitation, scandalous sexual relations, or living in the conjugal home with the mistress).

3. Distinction from Adultery

3.1. Adultery (Article 333)

Who may commit: The legally married woman.
How committed: By having sexual intercourse with a man other than her husband.
Penalty: Prisión correccional in its medium and maximum periods for both the wife and her paramour.

3.2. Concubinage (Article 334)

Who may commit: The legally married man.
How committed: By keeping a mistress in the conjugal dwelling, having sexual intercourse under scandalous circumstances, or cohabiting elsewhere with a woman not his wife.
Penalty: Prisión correccional (minimum and medium periods) for the husband; destierro for the concubine.

The difference in penalties reflects the historical underpinnings of Philippine criminal law, which treat the offenses of marital infidelity differently depending on whether the offender is the wife (adultery) or the husband (concubinage).

4. Who Can File a Concubinage Case?

Only the offended spouse (the wife in a concubinage case) has the legal standing to file the criminal complaint. This is consistent with the principle that crimes against chastity—under which both adultery and concubinage fall—cannot be prosecuted except upon a complaint filed by the offended spouse.

If the wife chooses not to pursue charges or if she passes away, the criminal action for concubinage cannot normally continue unless certain exceptions apply (e.g., a continuing prosecution once validly initiated and the offended party does not waive or withdraw the complaint).

5. The Filing Process

5.1. Where to File

Office of the City or Provincial Prosecutor (Public Prosecutor’s Office):
- In most cases, the offended wife (or her counsel) files a written Complaint-Affidavit and supporting evidence with the Prosecutor’s Office in the city/municipality where the offense was committed or where the couple resides.
Direct Filing in Court (Rare Cases):
- Criminal actions can sometimes be initiated directly in court, but this is uncommon. Typically, the public prosecutor evaluates the complaint first, conducts a preliminary investigation, and if there is probable cause, files the Information in court.

5.2. Documents and Evidence

To support a complaint, the following pieces of evidence are typically required:

Marriage Certificate proving the legality of the marriage.
Evidence of Cohabitation or Scandalous Relationship: Photos, videos, witness affidavits, lease agreements (if they share a rental), or other documents showing they live together.
Affidavits of Witnesses who can attest to the relationship, scandalous conduct, or living arrangements.

5.3. Preliminary Investigation

Once the complaint is filed, the public prosecutor conducts a preliminary investigation to determine if there is probable cause to believe a crime has been committed and that the accused is probably guilty. Both parties may be summoned to submit counter-affidavits and supporting documents.

If the prosecutor finds probable cause, an Information will be filed in the appropriate court, and the concubinage case will proceed to trial.

6. Filing Fees and Other Costs

One of the most frequent misconceptions about filing a criminal complaint in the Philippines is that there is a standard “filing fee” similar to civil cases. For criminal complaints—such as concubinage—filed before the Prosecutor’s Office, there is generally no official filing fee collected. The government prosecutes crimes on behalf of the People of the Philippines once probable cause is determined.

However, the complainant (the offended wife) should be aware of the following ancillary or incidental expenses that might be incurred:

Notarial Fees for Affidavits:
- Complaint-affidavits and witness affidavits often need to be notarized. Notarial fees can range depending on the notary public or law office, typically anywhere from ₱100 to ₱500 (or more) per document.
Attorney’s Fees (If Private Counsel is Engaged):
- While the public prosecutor represents the State, the offended party may opt to hire a private lawyer to guide and assist in the preparation of evidence, complaint-affidavits, and other legal documents. Attorney’s fees vary widely, ranging from ₱10,000 up to ₱100,000 or more, depending on the complexity of the case and the lawyer’s experience.
Miscellaneous Expenses:
- Photocopying, transportation to and from the prosecutor’s office or court, mailing, and other administrative costs.

6.1. Potential Costs if a Civil Action is Joined

The offended party (wife) may also file a civil action for damages arising from the criminal offense. If she does so, this civil action may be “deemed instituted” with the criminal action unless expressly waived or filed separately. In civil actions, docket fees do apply, based on the amount of damages being claimed. The calculation of these fees follows the schedule set by the courts and can vary significantly depending on the amount of damages alleged.

7. Penalties upon Conviction

If convicted:

For the Husband (Accused):
- The penalty is prisión correccional in its minimum and medium periods, which translates roughly to 6 months and 1 day to 4 years and 2 months of imprisonment.
For the Concubine (Accused Woman):
- The penalty is destierro, meaning she is banned from a certain radius around the offended party’s residence or where the crime was committed, for a specified period.

Sentences depend on the actual findings of the court, including aggravating or mitigating circumstances.

8. Prescription Period

The crime of concubinage prescribes (i.e., must be filed within) 5 years from the date of the commission or from the time it was discovered by the offended party. If the complaint is not filed within that timeframe, the right to prosecute is barred by prescription.

9. Practical Considerations

Difficulty of Proof:
- Concubinage can be more difficult to prove than adultery because the law requires specific circumstances (cohabitation, scandalous conduct, or mistress in the conjugal dwelling). Merely proving that the husband had an extra-marital affair is usually insufficient unless it meets the statutory definitions.
Emotional and Financial Costs:
- Filing a criminal case can be emotionally taxing. Even though there is no fixed “filing fee,” engaging in a court battle can be expensive if private counsel is hired.
Possible Alternatives (Legal Separation or Annulment):
- Some spouses who discover infidelity consider legal separation, annulment, or declaration of nullity of marriage as potential remedies instead (or alongside a criminal case), especially if the marriage is irretrievably broken. These, however, involve their own sets of legal requirements and costs.
Burden of Prosecution:
- Once probable cause is established, the prosecution (public prosecutor) takes the lead in proving the criminal offense in court. The complainant’s active participation, however, is crucial in presenting evidence and securing witness testimonies.

10. Conclusion

While there is no standard government “filing fee” for initiating a concubinage case in the Philippines, the offended wife should anticipate incidental costs—primarily notarial fees for affidavits, potential attorney’s fees if a private lawyer is engaged, and miscellaneous expenses related to gathering and presenting evidence. If a civil claim for damages is included, court docket fees apply based on the amount of damages sought.

Ultimately, the decision to file a concubinage complaint involves weighing legal, emotional, and financial factors. Proper consultation with an experienced attorney is advisable to navigate procedural requirements, maximize the chances of a successful prosecution, and ensure that all rights and remedies under Philippine law are fully explored.

Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. For specific concerns about concubinage or other family law matters, it is best to consult a licensed Philippine attorney to obtain advice tailored to the particular facts of your case.