Below is a general, educational overview of how “Concubinage” and “Adultery” are treated under Philippine law. This article covers their legal definitions, elements, penalties, and procedures for filing charges. Please note that laws evolve, and court rulings can shift interpretations over time; always consult a qualified attorney for specific legal advice.

1. Legal Basis and Overview

In the Philippines, the crimes of Adultery and Concubinage are penalized under the Revised Penal Code (RPC), primarily under Articles 333 (Adultery) and 334 (Concubinage). These provisions reflect the legal recognition of marriage as a protected institution, and violations that undermine marital fidelity may be criminally prosecuted. However, these provisions are based on older legal frameworks and have sometimes been criticized for their perceived uneven treatment of men and women.

2. Adultery

2.1 Definition

Article 333 of the Revised Penal Code defines Adultery as a crime committed by a married woman who has sexual intercourse with a man who is not her husband. The man involved (knowing she is married) is also liable for adultery.

2.2 Elements of Adultery

For adultery to be proven in court, the following must be established:

The woman is married to someone else.
She had sexual intercourse with a man other than her husband.
There was knowledge on the part of the man that the woman was married (though proof of knowledge can depend on the circumstances presented).

2.3 Penalties for Adultery

The penalty for adultery under the Revised Penal Code is prisión correccional (generally from 6 months and 1 day to up to 6 years in duration).
Both the married woman and her co-accused partner are subject to the same penalty if found guilty.

2.4 Filing the Complaint

Who can file: Only the offended spouse (the husband) can file a criminal complaint for adultery. The State cannot initiate it on its own.
Nature of the complaint: This is a private crime under Philippine law, so the complaint must originate from the offended spouse; without that complaint, the prosecution cannot proceed.
Joinder of parties: The husband must include both the wife and the paramour as respondents in the complaint. Failing to charge one of them without justification can lead to dismissal.

2.5 Defense and Considerations

Proof of sexual intercourse: Mere suspicion or circumstantial evidence without conclusive proof is insufficient. The prosecution typically relies on testimonies, documentary evidence (e.g., photos, text messages), or eyewitness accounts that clearly indicate sexual relations took place.
Tolerance or condonation: If the offended spouse previously consented or forgave the adulterous act, this may affect the case’s viability.
Prescription period: The law provides a period of time within which the offended party must file the complaint. For adultery, the prescription period is generally five years from the date the offense was discovered.

3. Concubinage

3.1 Definition

Article 334 of the Revised Penal Code defines Concubinage as a crime committed by a married man who:
1. Keeps a mistress in the conjugal dwelling; or
2. Has sexual intercourse under scandalous circumstances with a woman not his wife; or
3. Cohabits with her in any other place.

Concubinage targets the husband’s conduct, while the wife’s involvement in an extra-marital relationship typically falls under adultery.

3.2 Elements of Concubinage

A married man is liable for concubinage when any of the following circumstances is present:

Keeping a mistress in the same house he shares with his wife (conjugal dwelling).
Having sexual intercourse with a woman in a scandalous manner—it must be of such public and offensive nature that it shows disrespect toward the wife and the marriage.
Cohabiting with the mistress in a place other than the conjugal home, suggesting a more permanent or continuous relationship.

Additionally:

He must be lawfully married to another person.
The woman (mistress) knowingly participates in such arrangement.

3.3 Penalties for Concubinage

The penalty for the husband found guilty of concubinage is prisión correccional in its minimum and medium periods (from 6 months and 1 day up to 4 years and 2 months, depending on aggravating or mitigating circumstances).
The penalty for the concubine (the other woman) is destierro (banishment), meaning she must stay away from certain designated places or areas, usually where the offended wife resides.

3.4 Filing the Complaint

Who can file: Similar to adultery, only the offended spouse (the wife) can file the complaint for concubinage.
Nature of the complaint: It is also considered a private crime, requiring the aggrieved spouse’s active participation in bringing charges.
Joinder of parties: The wife must include both her husband and the alleged concubine in the complaint.

3.5 Defense and Considerations

Proof of scandalous circumstances or cohabitation: Simply discovering that the husband spends time with another woman is not always enough. The law requires proof of:
- Public or scandalous sexual relationship, or
- Maintenance of the mistress in the conjugal home, or
- Cohabitation in another place.
Tolerance or condonation: If the wife had prior knowledge and showed tolerance (or explicitly forgave the act), it may weaken or bar the complaint.
Prescription period: As with adultery, there is typically a five-year prescriptive period from discovery of the offense.

4. Procedural Nuances and Special Notes

Requirement of a Married Status
- Both adultery and concubinage presuppose the validity of an existing marriage. If the marriage itself is legally null or void from the start, criminal liability may not attach. However, issues of the validity of the marriage are themselves complex and must be proven in court.
Privacy of the Complaint
- Adultery and concubinage are classified as private crimes, which means the complainant has more control over the prosecution process but also bears the burden of initiating legal action. This is to discourage frivolous or malicious prosecutions where the alleged victim does not desire to pursue charges.
Bigamy vs. Concubinage/Adultery
- Bigamy (Article 349, RPC) occurs when a person contracts a second or subsequent marriage while a prior lawful marriage is still valid. This is a separate offense from concubinage or adultery. However, evidence of extra-marital relations in certain cases can lead to a bigamy investigation if the offending spouse has entered into a subsequent marriage without annulment or nullity of the first.
Role of Forgiveness
- The law sometimes recognizes that the offended spouse’s express or implied forgiveness can waive the right to file or continue criminal proceedings. This can happen if reconciliation and continued cohabitation occur.
Administrative/Employment Repercussions
- Aside from criminal liability, spouses employed in certain government or private positions may face administrative or employment sanctions if proven to have committed adultery or concubinage. This is not automatic but can be triggered by relevant workplace codes of conduct.
Family Code Implications
- While the Family Code of the Philippines deals primarily with civil aspects of marriage (e.g., annulment, legal separation, support, child custody), proof of adultery or concubinage can be used as a ground for legal separation. It can also impact spousal support or property relations. However, the criminal cases under the Revised Penal Code remain distinct proceedings from civil actions in the family courts.
Legal Counsel
- Because these are sensitive and often complex cases—both factually and emotionally—it is highly advisable for the complaining spouse to seek legal counsel. Defense strategies and evidentiary requirements are likewise detailed and demand expert representation.

5. Frequently Asked Questions

Q: Can a husband file a case of adultery against his wife without charging the other man?
A: No. Philippine law requires that both the spouse and the paramour be included in one complaint, unless there is a justifiable reason otherwise.

Q: Can text messages or social media chats be used as evidence of adultery?
A: Potentially, yes. They can be part of circumstantial evidence but typically will need to be supplemented by other proof to establish actual sexual intercourse.

Q: Can a wife’s knowledge of her husband’s affair for a long period weaken her complaint for concubinage?
A: Tolerance or condonation (especially continued cohabitation with full knowledge of the relationship) can be used as a defense and may weaken or bar the complaint.

Q: Do I have to be present at all hearings if I file a complaint?
A: In criminal cases like adultery or concubinage, the complaining witness (the offended spouse) generally needs to be actively involved. Failing to appear in court can lead to dismissal.

6. Conclusion

Concubinage and adultery are unique offenses under Philippine criminal law because they require the direct involvement and complaint of the offended spouse. The legal definitions, elements, and penalties differ for husbands and wives, reflecting the historical context of the Revised Penal Code. Filing charges typically requires clear evidence and must be done within the prescribed period after the offense’s discovery.

Given the sensitivities and complexities—both legally and personally—it is essential for individuals considering filing a case (or those facing charges) to seek professional legal advice. An experienced attorney can help navigate procedural requirements, evaluate evidence, and advocate effectively through the courts or alternative legal forums.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For any specific situation or case, it is essential to consult a qualified lawyer who is well-versed in Philippine law.