Legal Implications of Concubinage and Death of a Spouse in the Philippines

Can the other woman be charged with concubinage if the husband is already deceased? What happens to an ongoing concubinage case if the husband dies?

In the Philippines, concubinage is a criminal offense under the Revised Penal Code, and it involves a married man cohabiting with a woman other than his wife under certain circumstances. However, the death of the husband can significantly affect the legal proceedings related to concubinage. This article explores the legal implications of concubinage charges in the context of a deceased husband and the status of ongoing cases upon the husband's death.

Concubinage Under Philippine Law

1. Definition and Elements

   • Article 334 of the Revised Penal Code defines concubinage as a crime committed by a husband who:
     • Keeps a mistress in the conjugal dwelling,
     • Has sexual intercourse under scandalous circumstances with a woman who is not his wife,
     • Cohabits with her in any other place.
   • The crime of concubinage can only be committed by a married man, and it necessitates a complaint from the offended spouse (the wife).

2. Filing a Case for Concubinage

   • The offended spouse must file the complaint.
   • The complaint should be filed while the husband is still alive, as concubinage charges directly implicate the husband's actions.

Impact of the Husband's Death

1. Posthumous Charges

   • Inapplicability: If the husband is already deceased, it is not possible to file new charges of concubinage against the other woman. The crime of concubinage requires the active involvement of a living husband.
   • Termination of Criminal Liability: Upon the husband's death, his criminal liability for concubinage is extinguished, as criminal liability is personal and does not survive the death of the accused.

2. Ongoing Cases

   • Abatement of Criminal Action: If there is an ongoing concubinage case and the husband dies, the criminal action against him is abated or terminated. This is because the death of the accused extinguishes his criminal liability under Philippine law.
   • Effect on the Other Woman: The death of the husband also affects the case against the other woman. The concubinage charge against the other woman is dependent on the husband’s involvement. With the termination of the case against the husband, the case against the other woman would also generally be dismissed.

Civil Implications

1. Civil Liabilities

   • While criminal liability is extinguished by death, any civil liabilities arising from the crime may still be pursued against the estate of the deceased. However, these are separate from the criminal proceedings and would need to be addressed through civil litigation.

2. Compensation for Damages

   • The wife may still seek compensation for any damages through a civil suit, but this would be based on civil law provisions rather than the concubinage charges.

Conclusion

In summary, under Philippine law, it is not possible to file concubinage charges against the other woman if the husband is already deceased. Additionally, any ongoing concubinage cases would be terminated upon the death of the husband, as criminal liability does not survive death. For the offended spouse, it may still be possible to pursue civil remedies for damages, but these would need to be filed separately from the criminal case. Understanding these legal nuances is crucial for anyone dealing with issues related to concubinage and the death of a spouse.