Filing Adultery or Concubinage Charges in the Philippines

Disclaimer: The following discussion is provided for general informational purposes only and does not constitute legal advice. Laws and procedures may change, and specific circumstances vary from case to case. For guidance on your particular situation, consult a licensed attorney in the Philippines.

I. Introduction

Adultery and concubinage are criminal offenses under the Revised Penal Code (RPC) of the Philippines. They both concern marital infidelity but differ in their definitions, the elements required for prosecution, and the penalties imposed. This article explains these offenses, outlines the steps to file charges, and addresses key considerations for anyone contemplating legal action.

II. Legal Definitions and Relevant Provisions

  1. Adultery

    • Governing Law: Articles 333 of the Revised Penal Code
    • Definition: Adultery is committed by any married woman who engages in sexual intercourse with a man who is not her husband, and by the man who has carnal knowledge of her, knowing she is married.
    • Elements to Prove:
      1. The woman is married.
      2. She has had sexual intercourse with a man who is not her husband.
      3. The man has knowledge that the woman is married.

  2. Concubinage

    • Governing Law: Articles 334 of the Revised Penal Code
    • Definition: Concubinage is 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.
    • The woman involved in concubinage is punishable only as an accomplice (unlike in adultery, where the male partner is a principal if he knows the woman is married).

III. Differences Between Adultery and Concubinage

  1. Who Can Commit the Offense

    • Adultery: Committed primarily by a married woman and her paramour.
    • Concubinage: Committed by a married man and his concubine (the woman is treated as an accomplice).

  2. Proof Required

    • Adultery: Generally easier to prove, as a single act of sexual intercourse suffices.
    • Concubinage: Usually more difficult because the law requires proof of a more enduring or scandalous relationship (e.g., keeping a mistress in the conjugal dwelling, living with her, or scandalous circumstances).

  3. Penalties

    • Adultery (Article 333): Punishable by prisión correccional (ranging from 6 months and 1 day to 6 years).
    • Concubinage (Article 334): Punishable by prisión correccional in its minimum and medium periods (i.e., up to 4 years and 2 months) for the husband, and destierro (banishment, or prohibition from living within a certain radius of a specified place) for the concubine.

IV. Grounds and Necessary Evidence

A. Grounds for Adultery

  1. Existence of a Valid Marriage: The woman must be lawfully married to the offended spouse.
  2. Sexual Intercourse: Demonstrable evidence of the act. Common forms of proof include photographs, text messages, and eyewitness accounts.
  3. Knowledge of Marriage by the Paramour: Proof that the male partner knew the woman was married.

B. Grounds for Concubinage

  1. Valid Marriage of the Husband: The man must be legally married to the offended spouse.
  2. Actions Indicative of Concubinage:
    • Keeping the mistress in the conjugal dwelling, or
    • Having sexual intercourse under scandalous circumstances, or
    • Cohabiting in another place with the woman.
  3. Evidence of Relationship and Circumstances: Photographs, testimony from neighbors or household help, written correspondence, social media evidence, or other forms of proof showing a habitual or scandalous arrangement.

V. Who May File the Complaint

  1. Exclusive Right of the Offended Spouse

    • Under Philippine law, criminal complaints for adultery or concubinage can only be initiated by the offended spouse (i.e., the husband in an adultery case, or the wife in a concubinage case).
    • No other party (e.g., relatives, friends, or third parties) can validly file these charges on behalf of the offended spouse.

  2. Requirement of Prior Forgiveness or Condonation

    • The offended spouse must not have expressly forgiven the offending spouse and/or the paramour/concubine. If there was forgiveness (express or implied, such as by continued cohabitation after the discovery of infidelity), it can be a valid defense.

VI. Jurisdiction and Venue

  1. Where to File

    • Complaints for adultery or concubinage are filed with the local Office of the City or Provincial Prosecutor (the Prosecution Office that has jurisdiction over the area where the offense was committed or where any essential element of the crime occurred).
    • Typically, this is the place where the sexual act or the cohabitation took place, or where the conjugal home is located.

  2. Investigative and Court Proceedings

    • After the Prosecutor’s Office receives your complaint, a preliminary investigation is conducted to determine whether there is probable cause to charge the accused in court.
    • If the prosecutor finds probable cause, an Information (formal charge) will be filed in the appropriate Regional Trial Court (RTC).

VII. Steps in Filing a Criminal Complaint

  1. Consult a Lawyer

    • Before taking legal action, seek professional legal advice to assess the strength of your case, the evidence needed, and whether other legal remedies (e.g., legal separation, annulment, or civil actions) should be considered.

  2. Gather Evidence

    • Compile all available evidence. This may include:
      • Photos or videos showing the act or proving the scandalous cohabitation.
      • Written correspondences (letters, emails, text messages, social media posts).
      • Witness statements from individuals with personal knowledge of the events.
      • Marriage certificate proving the valid and subsisting marriage.

  3. Execute a Sworn Statement or Affidavit-Complaint

    • Draft a detailed affidavit-complaint outlining all material facts: the date, place, participants, and circumstances of the adulterous or concubinous acts.
    • Attach all supporting documents as annexes.

  4. File the Affidavit-Complaint with the Prosecutor’s Office

    • Proceed to the Office of the City or Provincial Prosecutor that has jurisdiction over the location where the offense was committed.
    • Pay any required filing fees (if any) and submit the complaint.

  5. Preliminary Investigation

    • The prosecutor will issue a subpoena to the respondents (the accused parties).
    • Both parties are required to submit counter-affidavits, reply-affidavits, and supporting evidence.
    • The prosecutor may schedule a clarificatory hearing if needed.

  6. Resolution by the Prosecutor

    • If the prosecutor determines probable cause, an Information is filed before the proper Regional Trial Court.
    • If the prosecutor dismisses the complaint, you may file a motion for reconsideration or appeal to the Department of Justice (DOJ), depending on the rules and circumstances.

  7. Arraignment and Trial

    • If charges are filed in court, the accused will be arraigned and required to enter a plea.
    • Trial will proceed with the presentation of the prosecution’s evidence first, followed by the defense.

  8. Judgment

    • The court will render a decision based on the merits of the case. Penalties vary according to law, but typically include imprisonment for the guilty spouse.
    • In concubinage cases, the husband faces prisión correccional in its minimum and medium periods, and the concubine typically faces destierro.

VIII. Common Defenses and Considerations

  1. Lack of Evidence

    • Mere suspicion is insufficient. There must be clear proof of the sexual act for adultery, or of scandalous conduct or cohabitation for concubinage.

  2. Forgiveness or Condonation

    • If the offended spouse voluntarily forgave the offending party after the commission of adultery or concubinage, such forgiveness (condonation) can bar the criminal action.

  3. Prescription Period

    • Under Article 333 (Adultery) and Article 334 (Concubinage), the crime prescribes (expires) within five (5) years from the date of the commission of the offense, or from the date the offended spouse learns of the offense. If a complaint is not filed within that period, the case may be dismissed for prescription.

  4. Privacy Rights

    • In gathering evidence, be mindful of data privacy laws and illegal searches. Unlawfully obtained evidence (e.g., hacking accounts, wiretapping) may be inadmissible in court and could expose you to criminal or civil liability.

  5. Co-Existence with Other Remedies

    • Criminal complaints for adultery or concubinage can be pursued simultaneously with civil remedies such as legal separation, nullity of marriage, or claims for support. However, strategies vary depending on one’s long-term objectives.

IX. Practical Tips and Ethical Considerations

  1. Seek Professional Legal Counsel Early

    • Infidelity-related matters are often emotionally charged. A lawyer can help guide your decisions based on legal merits rather than emotion alone.

  2. Evaluate Alternatives

    • Filing criminal charges is serious and can have long-term consequences for all involved, including any children. Some couples opt for counseling or mediation to explore whether reconciliation or other non-criminal resolutions are possible.

  3. Maintain Proper Conduct

    • Avoid actions that could undermine your own case, such as threats or harassment of the alleged partner. Ensure all evidence is collected lawfully.

  4. Mental and Emotional Health

    • Consider seeking professional support, as infidelity and criminal proceedings can cause significant emotional strain.

X. Conclusion

Filing adultery or concubinage charges in the Philippines is a legally complex and emotionally challenging process. It requires a clear understanding of the legal definitions, the elements of the crimes, strict rules of evidence, and procedures for criminal complaints. Importantly, only the offended spouse can initiate these actions, and proof of forgiveness or condonation can bar prosecution.

Should you find yourself contemplating these charges, you are strongly encouraged to consult a qualified Philippine attorney. A legal professional will help evaluate evidence, advise on the appropriate venue and legal strategy, and ensure that you follow due process. Ultimately, understanding all possible outcomes—and considering the impact on one’s family and emotional well-being—is critical in deciding whether to proceed with criminal charges.

Disclaimer: This article is intended for educational and informational purposes and is not a substitute for professional legal advice. For personalized guidance, please consult a Philippine-licensed lawyer familiar with your particular circumstances.

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

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