Filing a Concubinage Case Against a Spouse in the Philippines: A Comprehensive Guide

In the Philippines, marital infidelity can be prosecuted as a criminal offense under specific provisions of the Revised Penal Code (RPC). For husbands, the applicable crime is concubinage; for wives, the offense is adultery. This article focuses on concubinage, examining its legal definition, the requirements for filing a case, the procedures, possible defenses, penalties, and other key considerations. Please note that this discussion is for general information only and should not substitute for personalized legal advice from a qualified attorney.

1. Legal Basis and Definition

1.1. Relevant Law

Concubinage is penalized under Article 334 of the Revised Penal Code (RPC) of the Philippines.
The primary objective of this criminal provision is to protect the marital bond and penalize a husband’s infidelity under specific circumstances.

1.2. Acts Constituting Concubinage

Under Article 334 of the RPC, a husband commits concubinage when he:

Keeps a mistress in the conjugal dwelling, or
Has sexual intercourse under scandalous circumstances with a woman who is not his wife, or
Cohabits with a woman who is not his wife in any other place.

A key element of concubinage is the ongoing or repeated nature of the relationship/sexual act under specific circumstances, distinguishing it from a single or isolated act of infidelity.

2. Who May File the Case

The crime of concubinage is a private offense in Philippine law. This means:

Only the offended wife can file the complaint for concubinage against the husband.
The case cannot be initiated by third parties or law enforcement unless the wife herself lodges the formal complaint.

Further, for a criminal action for concubinage to proceed, the wife must include as a respondent/accused both her husband and the alleged concubine (the other woman). She cannot file a complaint against only one of them; she must include both if she decides to initiate a criminal prosecution.

3. Elements of Concubinage

To secure a conviction for concubinage, the prosecution (or the private offended party, with the aid of prosecutors) must establish the following elements beyond reasonable doubt:

The Husband is Married.
- A valid, subsisting marriage exists between the complaining wife and the accused husband.
The Husband Commits Any of the Enumerated Acts:
a. Keeping a mistress in the conjugal dwelling,
b. Having sexual intercourse with a woman who is not his wife under scandalous circumstances, or
c. Cohabiting with a woman in a place other than the conjugal home.
Proof of Identity and Participation of the “Other Woman.”
- The accused mistress must be shown to be the partner with whom the husband commits the act of concubinage.

4. Penalties for Concubinage

4.1. Penalty for the Husband

The Revised Penal Code imposes a penalty of prisión correccional in its minimum to medium periods for the husband found guilty of concubinage. In practice, prisión correccional ranges from six (6) months and one (1) day to six (6) years, with possible specific durations set by the court depending on aggravating or mitigating circumstances.

4.2. Penalty for the Mistress

The penalty for the alleged concubine (the “other woman”) is destierro (exile). Destierro means banishment from a specified place or radius, typically preventing the guilty party from entering the city or municipality where the offended party resides and other places as specified by the court.

5. Filing Procedure

5.1. Preliminary Steps

Gather Evidence.
- Compile all possible pieces of evidence demonstrating the husband’s acts of concubinage (e.g., photos, videos, text messages, witness testimonies).
- Seek legal advice from a private counsel or a public attorney (e.g., Public Attorney’s Office, if qualified) before proceeding.
Consult a Lawyer.
- A legal professional can assess the merits of the case, guide in gathering evidence, prepare necessary documents, and ensure that all procedural requirements are met.
Determine Prescriptive Period.
- The offense of concubinage generally prescribes in five (5) years. This means that the wife must file the complaint within five years from the date the offense was discovered.

5.2. Drafting and Filing the Complaint

Draft a Sworn Statement/Complaint-Affidavit.
- Under Philippine rules, a criminal complaint must be in the form of a sworn (notarized) affidavit stating the facts and allegations against both husband and mistress.
File with the Office of the Prosecutor.
- Submit the complaint-affidavit and supporting evidence to the Office of the City Prosecutor or Provincial Prosecutor in the jurisdiction where the crime was committed (typically where the conjugal home is located or where the acts of concubinage occurred).
Preliminary Investigation.
- The prosecutor will review the case. Both parties may be required to submit additional documents or counter-affidavits.
- If the prosecutor finds probable cause, an information (charge) will be filed in court.

6. Court Proceedings

6.1. Arraignment and Trial

Once a case is filed in court, the accused husband and mistress will be arraigned. They will enter pleas (guilty or not guilty).
The case will proceed to trial, where the prosecution must prove all elements of concubinage.
The wife, as the offended party, often serves as the principal witness alongside any other witnesses who can confirm the concubinage.

6.2. Burden of Proof

Beyond Reasonable Doubt.
As with all criminal cases in the Philippines, the guilt of the accused must be established beyond reasonable doubt.
Corroboration by Witnesses/Evidence.
Photographic or documentary proof, hotel receipts (if relevant to proving cohabitation), personal accounts, or any other evidence showing the act of concubinage strengthen the case.

6.3. Judgment and Sentencing

If the husband is found guilty, the court will impose prisión correccional in its appropriate period based on aggravating or mitigating factors.
If the mistress is found guilty, the penalty of destierro will be imposed, banning her from certain locations.

7. Common Defenses and Challenges

Insufficient Evidence.
- The defense may argue that there is no proof of “keeping a mistress” in the conjugal home, or that the allegedly scandalous circumstances or cohabitation were not clearly demonstrated.
No Valid Marriage.
- If the marriage between the husband and the offended wife is proven void or invalid, the charge of concubinage cannot stand.
Lack of Probable Cause.
- During the preliminary investigation, the defense may claim that the complaint is purely speculative or based on mere suspicion, urging the prosecutor to dismiss the case.
Prescriptive Period Lapse.
- The defense may point out that more than five years have elapsed since the discovery of the alleged crime, thus barring prosecution.

8. Civil Liabilities

Even if acquitted or regardless of the outcome of the criminal case, the offended wife may pursue civil claims for damages against her husband and/or the mistress if she can prove mental anguish, emotional suffering, and other forms of injury caused by the affair. However, this will be a separate civil action and requires adequate proof of damages.

9. Practical Considerations

Impact on Children and Family.
- A criminal case can strain relationships further. If there are children, consider the emotional and financial impact of prolonged litigation.
Alternatives to Criminal Action.
- Some parties explore legal separation or annulment (if applicable) rather than prosecuting. Others consider mediation, although in cases of concubinage, criminal proceedings may be the only remedy to hold the husband accountable under the law.
Emotional and Financial Costs.
- Court proceedings can be expensive and time-consuming. Weigh the probable outcomes against the potential stress and cost.
Public Nature of Proceedings.
- Criminal trials in the Philippines are generally public. The private details of marital issues may become part of public record.

10. Seeking Legal Assistance

Given the complexity of criminal litigation and the emotional stakes involved, consulting a qualified lawyer is crucial. Here are your primary options for legal help:

Private Attorney.
- Retaining a private lawyer ensures personalized representation.
- Fees can vary widely based on the complexity of the case.
Public Attorney’s Office (PAO).
- If qualified (i.e., if the offended wife falls below a certain income threshold), the PAO can provide representation at no cost.
Non-Government Organizations (NGOs).
- Certain NGOs advocate for women’s rights and may provide legal aid or referrals for victims of marital infidelity and abuse.

11. Conclusion

Filing a concubinage case in the Philippines is a serious legal undertaking. The law’s requirements—including the need for clear evidence, the mandatory inclusion of both husband and mistress in the complaint, and adherence to prescriptive periods—make it imperative for the offended wife to understand her rights and obligations thoroughly. Gathering the proper evidence, seeking reliable legal counsel, and carefully considering the repercussions of filing a criminal case are essential steps toward achieving a just resolution.

Legal Disclaimer

This article is intended for general informational purposes only and does not constitute legal advice. Philippine laws on family, marriage, and criminal procedures can be intricate and subject to change. If you need legal guidance specific to your situation, consult a licensed attorney in the Philippines.