Filing a Concubinage Case in the Philippines

Disclaimer: The information provided here is for general informational and educational purposes only and should not be construed as legal advice. For specific guidance regarding your situation, please consult a qualified attorney in the Philippines.

1. Overview of Concubinage Under Philippine Law

In the Philippines, concubinage is a criminal offense under the Revised Penal Code (RPC). Specifically, it is covered by Article 334 of the RPC. Concubinage is essentially the crime committed by a married man who keeps a mistress under certain circumstances, as detailed by law. It differs from adultery, which is the crime committed by a married woman who has sexual relations with a man not her husband (and vice versa).

1.1. Definition

Under Article 334 of the Revised Penal Code, a married man commits concubinage if he:

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

For an act to be considered concubinage, at least one of these circumstances must be proven in court.

1.2. Nature of the Crime

Concubinage is classified as a private crime. This means only the offended spouse (the wife, in this case) can initiate the criminal action. No one else, including the State, a relative, or a third party, can file it on her behalf without her express initiative or consent.

2. Key Elements and Requirements

To prove concubinage, the following elements must be established:

  1. Validity of the Marriage
    The complainant and the respondent must be validly married. Proof of marriage (usually a marriage certificate) is critical.

  2. Specific Acts or Circumstances
    At least one of the following acts has been committed by the husband:

    • Keeping a mistress in the conjugal home (i.e., the place where the spouses reside).
    • Having sexual intercourse with a woman who is not his wife under scandalous circumstances (meaning it is done in a way that offends public morals or is openly manifested).
    • Cohabiting with the mistress in a separate dwelling or place.

  3. Criminal Intent or Knowledge
    The husband must knowingly and intentionally commit any of the above acts.

  4. Identification of the Mistress
    The law also requires that the identity of the mistress or paramour be determined because the mistress may also be held liable—though her penalty is different (usually less severe, often limited to “destierro,” which is a banishment or prohibition from entering certain places).

3. Penalties

Under the Revised Penal Code:

  • Husband’s Penalty: Prisión correccional in its minimum and medium periods, or an imprisonment ranging roughly from 6 months and 1 day to 4 years and 2 months (depending on how the court appreciates and applies the penalty).
  • Mistress’s Penalty: Destierro (banishment), meaning she is ordered not to enter the place(s) designated by the court (typically the place where the husband and wife reside, or other specific localities).

It is important to note that the severity of these penalties can be influenced by factors such as aggravating or mitigating circumstances, the existence of prior criminal records, and so forth.

4. Adultery vs. Concubinage

In Philippine law, both adultery and concubinage are considered offenses against marriage. However, there are notable differences:

  1. Who can commit the crime?

    • Adultery: A married woman who has sexual relations with a man not her husband (and that man is also liable for adultery).
    • Concubinage: A married man who commits the specific acts enumerated under Article 334 with a woman not his wife.

  2. Evidentiary Requirements

    • Adultery: Proof that at least one sexual act took place between the married woman and a man not her husband.
    • Concubinage: Must prove one of the three circumstances—keeping a mistress in the conjugal dwelling, cohabitation, or scandalous conduct.

  3. Penalties

    • Adultery: Prisión correccional (6 months and 1 day to 6 years) for both the wife and her paramour.
    • Concubinage: Prisión correccional (in minimum and medium periods) for the husband and destierro for the mistress.

  4. Difficulty of Proof

    • Many legal practitioners observe that adultery cases tend to be “easier” to prove than concubinage, because concubinage requires a showing of specific circumstances (especially cohabitation or “scandalous” sexual intercourse).

5. Who May File the Case and When

5.1. Standing to File

  • As a private crime, only the offended wife (the legal spouse) can file a complaint for concubinage against her husband and his paramour.
  • The complaint cannot proceed if the wife pardons or consents to the husband’s relationship with the other woman. In other words, subsequent acts of forgiveness or condonation could bar the prosecution.

5.2. Prescription Period

Criminal actions for concubinage must be filed within a certain period after the discovery of the offense. Under Philippine law for private crimes:

  • Concubinage prescribes in 5 years from the date the offense was discovered by the offended spouse. If you wait longer than this period from the time of discovery, you may lose the right to file criminal charges.

6. Steps in Filing a Concubinage Case

If you believe you have a valid case for concubinage, the following is the typical procedure:

  1. Gather Evidence

    • Obtain proof of marriage (your marriage certificate).
    • Secure evidence of the husband’s illicit relationship and specific acts—e.g., photographs, letters, testimonies of witnesses, proof of cohabitation, etc.
    • Document how the husband keeps the mistress in the conjugal dwelling or how the relationship is conducted under scandalous circumstances.

  2. Consult a Lawyer

    • It is highly advisable to consult with a private attorney who specializes in family law or criminal law.
    • Discuss the strength of your evidence, possible defenses by the husband, and the likelihood of successful prosecution.

  3. Draft and File the Complaint-Affidavit

    • You (the offended spouse) must execute a Complaint-Affidavit detailing all relevant facts and attaching any supporting evidence.
    • Submit the Complaint-Affidavit to the Office of the Prosecutor (commonly the City Prosecutor or Provincial Prosecutor’s Office, depending on jurisdiction).

  4. Preliminary Investigation

    • The prosecutor will conduct a preliminary investigation to determine if there is probable cause to charge the husband (and the mistress) in court.
    • You may be asked to submit additional evidence or clarifications. The respondents (husband and alleged mistress) will be given the opportunity to submit counter-affidavits.

  5. Resolution and Filing of Information

    • If the prosecutor finds probable cause, an Information (formal charge) is filed in court.
    • If the prosecutor dismisses the complaint for lack of probable cause, you can file a motion for reconsideration or appeal to the Department of Justice (DOJ), as appropriate.

  6. Arraignment and Trial

    • Once the case is in court, the accused (husband and mistress) will be arraigned and asked to enter a plea.
    • Trial will proceed, where both sides present evidence, witnesses, and arguments.
    • The judge will render a decision based on the evidence presented.

  7. Judgment and Possible Appeal

    • If convicted, the husband may be sentenced with the penalty prescribed by law, and the mistress may be subject to destierro.
    • Any party may appeal the court’s decision to higher courts (Regional Trial Court to Court of Appeals, and possibly the Supreme Court).

7. Common Defenses and Challenges

  1. Allegation of Condonation or Forgiveness

    • The defense might argue that the wife had knowledge of the affair and consented or forgave the husband, thereby waiving the right to file a criminal complaint.

  2. Insufficient Evidence

    • The husband may challenge the quality and admissibility of evidence, especially regarding “scandalous circumstances” or “cohabitation.”
    • Proof of actual cohabitation or living with the mistress must be clear. Merely being seen together occasionally is not necessarily conclusive.

  3. Invalid Marriage

    • If the marriage between the complainant and the respondent is not valid or was previously annulled, the foundation of the concubinage case may fail.

  4. Prescription

    • The defense may claim that the 5-year prescriptive period has lapsed from the time the wife discovered the offense.

8. Practical Considerations

  1. Complexity of Litigation

    • Concubinage cases can be lengthy, costly, and emotionally taxing. Carefully weigh the emotional and financial implications.
    • If there are ongoing civil or family law cases (e.g., legal separation, annulment, or custody), the criminal action can affect or be affected by those civil proceedings.

  2. Possibility of Settlement or Alternative Remedies

    • Some couples or individuals opt for settlement, mediation, or forgiveness, especially if there are children involved and they wish to avoid a prolonged legal battle.
    • Exploring legal separation or annulment might be more appropriate if the ultimate goal is to end the marital relationship.

  3. Coordination with Law Enforcement

    • Though it is a private crime, local law enforcement (such as the Women’s Desk at a police station) may guide you on initial steps. However, the main legal venue remains the Prosecutor’s Office and courts.

  4. Emotional and Psychological Support

    • Filing a criminal case against a spouse can be psychologically distressing. Many find it helpful to seek professional counseling or support from family and friends during this process.

9. Frequently Asked Questions (FAQs)

  1. Can a husband file a concubinage case against his wife?

    • No. Concubinage specifically refers to a crime committed by the husband. If a husband believes his wife is having an affair, the crime to consider would be adultery, not concubinage.

  2. Do I need “caught in the act” evidence like in adultery?

    • Concubinage does not require “caught in the act” proof of sexual intercourse. However, you do need to show that at least one of the three specific acts (keeping a mistress in the conjugal home, scandalous sexual relations, or cohabitation) occurred.

  3. What if we are already separated but not legally separated or annulled?

    • If you are still legally married, and your husband commits any of the enumerated acts, a concubinage complaint can still be filed. The fact of de facto separation without an official decree does not extinguish the crime.

  4. Is concubinage bailable?

    • Yes. The husband may post bail if charged, as it is generally considered bailable. The amount of bail depends on the court’s discretion and prevailing guidelines.

  5. Can the wife also file adultery against the mistress?

    • No. Adultery applies only to a married woman and her paramour. The mistress, if she is unmarried, is not committing adultery. Her criminal liability is for concubinage as a co-accused with the husband.

10. Conclusion

Filing a concubinage case in the Philippines can be legally and emotionally intricate. While the law does provide protection to a wife whose husband keeps a mistress in specific circumstances, proving concubinage requires thorough evidence and strict compliance with procedural rules. Moreover, since it is a private crime, the decision to prosecute lies solely with the offended wife, and various defenses—such as condonation or insufficient proof—may arise.

If you are considering filing a concubinage case, it is highly recommended that you consult a Philippine-licensed attorney who can assess your situation, advise you on the strength of your evidence, and guide you through the legal process. Understanding all the legal and personal ramifications is essential before you decide to proceed.

Disclaimer: This article is for general information only and does not constitute legal advice. For detailed guidance and representation, please consult a qualified lawyer in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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