Below is a comprehensive discussion of the topic “Possible Defenses in Concubinage Cases” under Philippine law. Note that this information is provided for general educational purposes and is not a substitute for personalized legal advice from a qualified attorney.

1. Overview of Concubinage in Philippine Law

1.1. Legal Basis

Concubinage is a crime penalized under Article 334 of the Revised Penal Code (RPC) of the Philippines. Although more commonly discussed alongside adultery (which is the equivalent crime committed by a wife), concubinage differs in its definition, elements, and penalties.

1.2. Definition and Elements

A married man 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 (lives together as husband and wife) with her in any other place.

For a conviction of concubinage, the following must be shown:

The man is legally married.
He commits any of the specific acts defined in Article 334.
The offense is committed with a woman who is not his wife.

1.3. Penalties

For the husband (principal offender): Prisión correccional in its minimum and medium periods (i.e., from 6 months and 1 day to 4 years and 2 months).
For the “concubine” (the paramour): Destierro (banishment) – they must stay outside a specified radius and cannot go near specific places designated by the court.

1.4. Requirement of a Private Complaint

Concubinage, like adultery, can be prosecuted only upon a complaint filed by the offended spouse (Article 344 of the RPC). Without the offended wife’s valid complaint, prosecution cannot proceed.

2. Nature of Defenses in Concubinage Cases

Because concubinage is a criminal offense, the accused husband (and the paramour) may invoke defenses at every step—from challenging the sufficiency of the complaint to attacking the substance of the allegations and evidence. Below are the more common defenses or bars to prosecution in a concubinage case.

3. Defenses Relating to the Elements of the Offense

3.1. Lack of Proof of Cohabitation, “Scandalous” Circumstances, or Conjugal Dwelling

The prosecution must prove one of the three specific ways concubinage may be committed. Failure to clearly establish which manner of concubinage (keeping a mistress in the conjugal home, scandalous sexual intercourse, or cohabitation in another place) and the facts supporting it is a fatal defect. Common arguments:

No mistress in the conjugal dwelling:
- The accused may show that the alleged paramour never stayed overnight in the conjugal home, or never treated the place as her residence.
No scandalous circumstances:
- The accused may demonstrate that there was no public display of intimate or sexual acts, and thus no “scandal” in the legal sense.
No cohabitation in another place:
- Cohabitation implies more than just occasional visits; it suggests living together as husband and wife in another household. The defense might show that there was no continuous mutual residence.

If the prosecution cannot prove these factual elements, the case may be dismissed or result in an acquittal.

3.2. Nullity or Invalidity of Marriage

Concubinage presupposes a valid and subsisting marriage. Where a man can prove that the marriage was void ab initio (e.g., lack of a valid marriage license, or bigamous marriage declared null and void), the offense of concubinage cannot stand because the element of a legally valid marriage is missing.

4. Defenses Relating to Technical or Procedural Requirements

4.1. Non-compliance with the Private Complaint Requirement

Article 344 of the RPC requires that the offended wife file the complaint herself (or, in some cases, her guardians/heirs if she is incapacitated or deceased). Key points:

If the complaint was filed by someone other than the offended wife (e.g., the wife’s relative who has no legal authority), the case can be dismissed.
If the wife initially filed the complaint but did not follow the proper procedure, or if she withdrew it, the prosecution generally cannot continue.

4.2. Condonation or Pardon by the Offended Spouse

Under Philippine law, pardon (or condonation) by the offended spouse can bar prosecution for adultery or concubinage. This may occur when:

The offended wife expressly forgives her husband (often in writing).
The offended wife resumes cohabitation with the husband after knowledge of the offense (implied pardon).

Once the offended spouse has effectively pardoned the husband, the spouse is barred from later pursuing criminal charges on the same acts of concubinage.

4.3. Extinguishment by Prescription of the Offense

Criminal liability for concubinage may be extinguished by prescription, meaning that after a certain period, the State can no longer prosecute the offense. Under the Revised Penal Code:

Offenses punishable by prisión correccional prescribe in ten (10) years.
If the act of concubinage is alleged to have been committed more than ten years before the complaint is filed, it may be argued that the crime has prescribed.

Note: Computation of the prescriptive period can be tricky and can vary depending on when the crime is deemed to have “been discovered” or “ceased,” especially if the alleged cohabitation spanned multiple years.

5. Substantive Defenses and Evidentiary Challenges

5.1. Alibi and Denial

Although generally weak defenses if used alone, alibi (the accused was somewhere else at the time the crime was allegedly committed) or denial (no relationship or intercourse occurred) may still be raised to cast doubt on the prosecution’s evidence. Alibi works best if backed by clear evidence (e.g., the husband was out of the country, or lived and worked in another region during the time cohabitation was alleged).

5.2. Absence of Intent or Mens Rea

Criminal liability in concubinage typically revolves around the factual commission of the acts. However, if the circumstances show no “voluntary union” or “cohabitation,” the defense may argue that the requirement of a deliberate act or intent is missing.

6. Other Considerations Unique to Concubinage Cases

6.1. Defense of “Mutual Infidelity”

Under Philippine law, there is a principle that the offended party in adultery or concubinage must not have committed a similar offense. If the husband can prove that his wife also committed adultery, the complaint might fail. However, this involves a nuanced interplay of the rules on “reciprocal” crimes (adultery-concubinage) and the requirement that one must come to court with clean hands. Courts differ on how they evaluate “mutual infidelity,” but it can be raised as a defense or at least as a mitigating factor.

6.2. Instigation and Entrapment

In extremely rare scenarios, an accused might claim that they were induced (entrapped) by the spouse to live with or keep a mistress for the purpose of filing charges. This is very fact-specific and difficult to prove, but if the facts show the offended spouse orchestrated or forced the situation, it might negate criminal intent.

6.3. Good Faith or Mistake of Fact (e.g., Belief of Annulment)

If the husband genuinely believed that his earlier marriage was legally annulled or declared void—even if it was not yet final—he may raise a good faith argument. While not always a complete defense, this can mitigate or cast doubt on criminal liability if he did not act in deliberate disregard of an existing marriage.

7. Practical Tips for the Accused

Document Everything:
Gather evidence (receipts, travel records, house rental contracts, sworn statements of neighbors, etc.) showing that there was no cohabitation, no mistress in the conjugal dwelling, or no scandalous conduct.
Check the Validity of the Marriage:
If there is any question about the legality of the first marriage, secure documents (marriage certificate, annulment papers, etc.) to confirm its status.
Assess Any Possible Forgiveness or Condonation:
If the offended wife continued living with the husband and expressed forgiveness, gather proof (messages, photos, or testimonies).
Review Prescription:
If the alleged acts occurred long ago, verify the timeline for prescription.
Consult a Lawyer Early:
Because concubinage is a criminal matter, having a legal professional analyze the specifics is crucial.

8. Conclusion

Defending against a concubinage charge in the Philippines hinges on:

Disputing the factual foundations of the alleged offense (no mistress in the conjugal home, no scandalous circumstances, no cohabitation).
Proving any technical or procedural lapses (lack of a proper complaint, prescription).
Establishing condonation or other bars (pardon, mutual infidelity).
Invoking defenses based on invalid marriage or other good-faith beliefs.

Because concubinage is prosecuted only upon a private complaint from the offended wife, the relationship and conduct of both parties may come under scrutiny in court. Accused persons should consult counsel to tailor a defense to the specific facts and procedural posture of the case.

Disclaimer: This overview is for informational purposes and does not constitute legal advice. For personalized guidance, consult a qualified attorney in the Philippines.