Filing Concubinage or Adultery Charges in the Philippines: Legal Remedies for Spouses

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and jurisprudence may change over time. If you need advice specific to your situation, it is best to consult a qualified attorney in the Philippines.

1. Introduction

Marital infidelity can create profound emotional and legal complications in a marriage. Under Philippine law, two criminal offenses address marital infidelity: concubinage and adultery. Both are governed by the Revised Penal Code (RPC) of the Philippines. This article provides an overview of these crimes, their legal elements, how to initiate cases, and the potential remedies for the offended spouse.

2. Legal Basis

  • Adultery is governed by Article 333 of the Revised Penal Code.
  • Concubinage is governed by Article 334 of the Revised Penal Code.

These provisions outline the definition of each offense, the penalties imposed, and the conditions under which a complaint may be filed.

3. Definitions and Distinctions

3.1 Adultery

  1. Who Can Commit Adultery?

    • By law, only a married woman can commit adultery, and the man who has carnal knowledge of her (knowing she is married) is considered a co-principal.
    • A single act of sexual intercourse by the married woman with a man not her husband constitutes adultery.

  2. Key Elements:

    • The woman is legally married to someone else.
    • There is voluntary sexual intercourse with a man who is not her husband.
    • The man knew that the woman was married.

  3. Penalty:

    • The penalty for adultery is prisión correccional in its medium and maximum periods (ranging from 2 years, 4 months and 1 day to 6 years).

3.2 Concubinage

  1. Who Can Commit Concubinage?

    • This crime is committed by a married man under certain specific circumstances involving a woman who is not his wife.

  2. Key Elements:
    Concubinage is committed by the husband if he:

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

    Simply proving a single act of sexual intercourse elsewhere is generally insufficient unless it can be shown the relationship involves “cohabitation” or “scandalous circumstances” if not in the conjugal dwelling.

  3. Penalty:

    • The penalty for the husband is prisión correccional in its minimum and medium periods (i.e., from 6 months and 1 day up to 4 years and 2 months).
    • The concubine (the woman who participates) may receive the penalty of destierro (banishment), meaning she cannot be within a specified radius of certain places (e.g., the offended spouse’s residence).

3.3 Comparison of Adultery and Concubinage

Aspect Adultery Concubinage
Who commits the crime? Married woman + man who has carnal knowledge of her Married man + concubine
Nature of the act A single act of sexual intercourse is enough Repeated or scandalous sexual relations/cohabitation or keeping a mistress in the conjugal dwelling
Penalty Prisión correccional (medium and maximum periods) Prisión correccional (minimum and medium periods) for the husband, and destierro for the concubine
Scope Focused on single or multiple acts of intercourse by the married woman Focused on the husband’s scandalous relationship, cohabitation, or keeping a mistress in the marital home

4. Initiating a Criminal Complaint

Because adultery and concubinage are considered private crimes, only the offended spouse (the lawful husband in adultery, and the lawful wife in concubinage) can file the complaint. This has specific implications:

  1. Complainant:

    • Only the offended spouse has the right to institute the criminal action.
    • No public official or third party can initiate charges for these offenses.

  2. Indispensable Party:

    • In adultery cases, both the wife and her paramour must be charged together.
    • In concubinage, the husband and the concubine must be included in the same complaint.

  3. No Consent or Pardon:

    • If the offended spouse consented to or pardoned the act (expressly or impliedly), the right to file a criminal action is extinguished.
    • Pardon must come before the filing of the criminal action, either in writing or by voluntary cohabitation with the offending spouse after knowledge of the offense.

5. Jurisdiction and Procedure

  1. Filing the Complaint:

    • The complaint is typically filed in the Office of the City or Provincial Prosecutor where the offense was committed or where any of the essential elements of the offense took place.

  2. Preliminary Investigation:

    • The prosecutor’s office conducts a preliminary investigation to determine if there is probable cause to hold the accused for trial.

  3. Information in Court:

    • If probable cause is found, an Information (formal charge) is filed in the Regional Trial Court (RTC).
    • The RTC acquires jurisdiction over the case.

  4. Arraignment and Trial:

    • The accused are arraigned in open court, where they enter their plea (guilty or not guilty).
    • The trial proceeds with the presentation of evidence by both prosecution and defense.

6. Proof and Evidentiary Concerns

6.1 Adultery

  • Evidence Needed:

    • Proof of marriage (marriage certificate).
    • Proof of sexual intercourse (may be established through direct or circumstantial evidence, such as text messages, eyewitness testimony of intimate behavior, or hotel records).
    • Proof that the accused man knew the woman was married.

  • Single Act Suffices:

    • Even one act of sexual intercourse, once proven, can lead to conviction.

6.2 Concubinage

  • Evidence Needed:

    • Proof of a valid marriage.
    • Existence of any of the scenarios:
      • Mistress kept in the conjugal dwelling.
      • Scandalous sexual relationship.
      • Cohabitation in another place.
    • Proof that the arrangement was more than a mere casual encounter.

  • “Scandalous Circumstances”:

    • This typically means that the relationship was carried out publicly in a way offensive to decency or with disregard for social norms.

7. Possible Defenses

  1. Denial of Marriage

    • The accused may challenge the validity of the marriage if the marriage itself is void. However, keep in mind that under the law, even a subsequently nullified marriage may not be a complete defense if the accused believed the marriage was valid at the time.

  2. Consent or Pardon

    • If the offended spouse gave explicit consent or forgave the spouse by resuming marital relations despite knowledge of the infidelity, this can bar the criminal complaint.

  3. Lack of Knowledge

    • In adultery charges against the co-accused man, he may raise lack of knowledge that the woman was married.
    • In concubinage, the woman (concubine) may claim lack of knowledge that the man was married.

  4. Insufficient Evidence

    • The prosecution must prove each element beyond reasonable doubt. Failure to do so will result in acquittal.

8. Prescriptive Period

  • The offended spouse must initiate action within five (5) years from the date the offense is discovered. If the action is not filed within this period, the right to prosecute is extinguished by prescription.

9. Remedies Beyond Criminal Prosecution

While filing adultery or concubinage charges is a criminal remedy, the offended spouse may also pursue other legal options, such as:

  1. Legal Separation

    • Under the Family Code of the Philippines, infidelity is grounds for legal separation. Legal separation does not dissolve the marriage but legally separates spouses’ property and living arrangements.

  2. Declaration of Nullity or Annulment

    • If there are valid grounds (e.g., psychological incapacity under Article 36 of the Family Code), the offended spouse may seek declaration of nullity or annulment of the marriage.

  3. Protection Orders Under R.A. 9262 (VAWC)

    • Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) may be relevant if the infidelity involves emotional or psychological abuse toward the wife or children.
    • The offended party may obtain protection orders for herself and/or her children.

  4. Civil Damages

    • The offended spouse may have grounds to claim moral damages or other forms of damages in a civil case if the conduct caused undue suffering, mental anguish, or other injuries.

10. Potential Impact on the Family

Criminal litigation involving adultery or concubinage can have significant repercussions on the family dynamics:

  1. Emotional Trauma

    • The litigation process can be stressful for both spouses and any children involved.

  2. Stigma

    • Criminal proceedings for adultery or concubinage are public records unless the court directs otherwise, leading to social stigma.

  3. Financial Consequences

    • Legal fees and the potential for fines (in addition to imprisonment or destierro) can create financial strain.

  4. Effect on Property and Inheritance

    • While a criminal conviction by itself does not automatically alter inheritance rights, ongoing marital conflict may lead to other legal actions (like legal separation) that affect property relations.

11. Practical Considerations

  1. Attempting Amicable Resolution

    • Some spouses explore counseling, mediation, or other avenues before resorting to criminal charges.

  2. Avoiding Perjury

    • Filing a false or unsubstantiated complaint can expose the complainant to perjury or malicious prosecution charges.

  3. Impact on Future Marriage Plans

    • A spouse who secures a criminal conviction does not automatically obtain a divorce (since divorce is generally not recognized for most Filipino citizens), nor does it nullify the current marriage. These require separate legal processes.

  4. Consultation with a Lawyer

    • Because the details of each case can differ, it is highly advisable to consult a legal professional to ensure that one’s rights are protected and that the correct procedural steps are followed.

12. Conclusion

Filing concubinage or adultery charges in the Philippines is a serious legal undertaking. The Revised Penal Code imposes distinct requirements and penalties for these offenses, reflecting the law’s traditional recognition of marital fidelity as a protected social interest. Before deciding to initiate criminal proceedings, spouses must understand both the substantive and procedural aspects—along with the emotional and financial consequences—of pursuing a case.

Because each marriage and situation is unique, it is important to seek professional legal guidance to navigate the complexities of Philippine criminal law, the rules of court, and the interplay of any civil and family-law issues that may arise. Proper counsel can help determine whether filing criminal charges is the best course of action or if alternative legal remedies, such as legal separation, annulment, or protection orders under R.A. 9262, might be more appropriate in protecting the interests of the offended spouse and any children involved.

Remember: This article provides a general overview and is not meant to replace the expert advice of a licensed attorney. Laws can change over time, and outcomes will vary based on the specific facts of each case. If you believe you have grounds for filing adultery or concubinage charges—or if you have been accused—seek the assistance of a qualified Philippine lawyer.

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

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