Understanding Concubinage in the Philippines

Simplified Query: Does staying for two weeks as a tourist in the Philippines constitute concubinage?

Concubinage: Legal Context

Concubinage in the Philippines is defined under Article 334 of the Revised Penal Code. It specifically applies to a married man who:

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 .

Elements of Concubinage

To establish concubinage, the following elements must be present:

1. The husband must be legally married.
2. He must engage in any of the actions described above, with the intent to maintain an ongoing relationship with the woman.

Tourist Visit and Concubinage

In the context of a tourist staying for two weeks in the Philippines, concubinage typically requires a form of prolonged or continuous relationship. A short-term visit might not meet the legal threshold for cohabitation or maintaining a mistress unless other clear evidence of an ongoing relationship exists.

Legal Considerations

1. Scandalous Circumstances: For concubinage to be considered, the relationship must generally be conducted openly or in a manner that causes scandal.
2. Intent: The intent to maintain an ongoing relationship is crucial. A brief visit without evidence of an intent for ongoing cohabitation or relationship might not be sufficient for a concubinage charge .

Conclusion

In most cases, a brief two-week visit as a tourist would not constitute concubinage in the Philippines unless it is accompanied by other evidence of a more serious, ongoing relationship. Legal advice should always be sought in such matters to understand the full scope of the law and individual circumstances.