Concubinage Laws in the Philippines: Can a Wife Be Accused for Extramarital Affairs?
(A Comprehensive Legal Discussion in the Philippine Context)

1. Introduction

In the Philippines, marital fidelity is governed by specific provisions under the Revised Penal Code (RPC) and related statutes. Two crimes often invoked when a spouse engages in an extramarital affair are adultery and concubinage. These crimes are distinct from each other, both in their legal definitions and in their applicability to men and women. This article explores the concept of concubinage—especially addressing the frequently asked question: “Can a wife be accused of concubinage for extramarital affairs?” We will also clarify how the law treats a wife’s infidelity, if not under concubinage.

2. Legal Basis Under the Revised Penal Code

Article 333 (Adultery)
- Definition: Adultery is committed by a married woman who has sexual intercourse with a man who is not her husband, and by the man who has sexual intercourse with her, knowing she is married.
- Persons Liable:
  - The married woman (the offending wife), and
  - The man (the paramour) with whom she commits the act.
- Penalty: Both the wife and the paramour are subject to prisión correccional (generally between 2 years, 4 months, and 1 day to 6 years). The precise range depends on aggravating or mitigating factors, if any.
Article 334 (Concubinage)
- Definition: Concubinage is committed by a married man under any of the following circumstances:
  1. Keeping a mistress in the conjugal dwelling;
  2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife; or
  3. Cohabiting with her in any other place.
- Persons Liable:
  - The married man (the offending husband), and
  - The concubine (the mistress).
- Penalty:
  - The husband: prisión correccional in its minimum and medium periods (which can roughly range from 6 months and 1 day to 4 years and 2 months).
  - The concubine: destierro (exile)—prohibition from residing within a specified radius from certain places, rather than imprisonment.

Important Note: Concubinage specifically targets the husband who engages in the prohibited acts with a mistress. Adultery, on the other hand, specifically applies to the wife. Thus, under current Philippine law, a wife cannot be accused of or charged with “concubinage” simply because concubinage is statutorily defined as a crime committed by a husband.

3. Difference Between Concubinage and Adultery

Offenders:
- Adultery – committed by the wife and her paramour.
- Concubinage – committed by the husband and his mistress.
Acts Punishable:
- Adultery – Each act of sexual intercourse between a married woman and a man not her husband is punishable.
- Concubinage – It is not punished on a per-act basis but rather on the continuous or repeated nature of cohabitation, scandalous sexual relations, or the act of keeping a mistress in the conjugal home.
Penalty Disparity:
- Adultery – The wife and her paramour face identical penalties of prisión correccional (medium and maximum periods).
- Concubinage – The husband faces the penalty of prisión correccional (minimum and medium periods), while the concubine suffers only destierro.

4. Can a Wife Be Accused of Concubinage?

The simple answer is no under existing laws. Concubinage is a crime specific to husbands who commit certain acts with a woman who is not their wife. The law does not allow an offended husband to file a charge of “concubinage” against his wife for the wife’s infidelity.

Instead, if a wife engages in an extramarital affair, the applicable crime is adultery under Article 333 of the Revised Penal Code, not concubinage.

5. Legal Consequences for a Wife’s Extramarital Affair

If an offended husband discovers that his wife is engaging in an extramarital affair, his legal recourse, should he wish to pursue criminal action, is to file a complaint for adultery. Key points to remember:

Private Crimes: Both adultery and concubinage are classified as private crimes under Philippine law. Only the offended spouse can initiate the criminal complaint. Prosecutors cannot file these charges motu proprio (on their own).
Joint Filing Requirement: In adultery cases, the husband must include both the wife and her paramour as respondents. He cannot just accuse the paramour alone.
Pardon and Consent: A valid pardon (forgiving the offense) or consent (tolerance of the act) by the offended party bars the criminal action. For instance, if the husband previously consented to or forgave the wife’s extramarital acts, he may be barred from later filing the criminal complaint.
Evidence Requirements: Proof of the illicit sexual relations is crucial. Mere suspicion is not sufficient to secure a conviction for adultery.

6. Legal and Social Implications

The law, as it stands, has been criticized for its apparent double standard:

Harsher legal treatment of the wife’s act of infidelity (adultery) is sometimes perceived to be more straightforward in terms of proof (each act is punishable).
Lighter penalties and more stringent conditions for the husband’s offense (concubinage), requiring proof of cohabitation or scandalous sexual relations, often make it harder to secure a conviction against the husband.

Moreover, there have been various calls for legislative reform to address perceived gender bias in these laws, though no major revisions to the adultery and concubinage provisions have been passed as of this writing.

7. Other Relevant Laws

While adultery and concubinage remain central to discussions of marital infidelity, other laws intersect with the topic:

Republic Act No. 9262 (Violence Against Women and Their Children Act or VAWC)
- If the extramarital affair of the husband causes “psychological violence” or emotional distress to the wife, the wife may file a case under R.A. 9262. This is not a direct remedy for concubinage or adultery per se, but the act of infidelity can give rise to emotional or psychological abuse under VAWC.
Civil Code Provisions on Legal Separation, Nullity, or Annulment
- Infidelity (sexual infidelity) can be a ground for legal separation or in some cases evidence supporting annulment/psychological incapacity—though it does not automatically grant it. Each case is assessed on its own merits.

8. Procedural Aspects: Filing Criminal Charges

For adultery or concubinage complaints:

Who Can File?
- Only the offended spouse may file the criminal complaint; these are private crimes.
Where to File?
- Typically, the complaint is filed with the Office of the City or Provincial Prosecutor, who will conduct a preliminary investigation.
Evidence Required:
- Adultery: Proof that (a) the accused is married, (b) she engaged in sexual intercourse with a man not her husband, and (c) the paramour knew she was married.
- Concubinage: Proof of marriage of the accused husband and evidence satisfying one of the enumerated concubinage acts (conjugal dwelling, scandalous circumstances, or cohabitation elsewhere).
Outcome:
- If probable cause is found, the prosecutor files the information in court, and the case proceeds to trial unless settled or dismissed.

9. Key Takeaways

A wife cannot be charged with concubinage. Under Philippine law, concubinage is strictly a crime committed by a husband.
A wife’s extramarital affair may be prosecuted as adultery if the offended husband files a complaint.
Both adultery and concubinage are private crimes, requiring the offended spouse to initiate legal action.
The disparity in penalties and definitions between adultery and concubinage reflects the historical context of these provisions, which many argue has a gender bias.
Legal reforms have been proposed, but as of now, the adultery-concubinage framework remains as codified in the Revised Penal Code.

10. Conclusion

In sum, concubinage laws in the Philippines do not extend to wives who commit extramarital affairs. The Revised Penal Code clearly carves out concubinage as an offense for husbands under certain conditions and adultery for wives who engage in sexual intercourse with a man who is not their husband. While this distinction has been criticized for favoring one gender over the other, it remains the legal reality as of the date of writing.

Anyone facing issues of marital infidelity should consult a licensed attorney for personalized advice, as each case is unique and may involve concurrent legal remedies—whether criminal (adultery or concubinage) or civil (legal separation, annulment, or psychological violence under R.A. 9262). Understanding your rights, remedies, and limitations under the law is crucial in navigating these sensitive and complex situations.