Letter to a Lawyer

Dear Attorney,

I am writing to seek your guidance regarding the potential filing of a criminal case for concubinage against my spouse. I am deeply concerned and unsure about how to begin, what evidence I need, and whether pursuing such a case is a difficult endeavor. Could you please help me understand the legal requirements, the procedural steps, and the possible challenges that I may encounter in this process? I greatly appreciate any advice you can provide, as I wish to make an informed decision before moving forward.

Sincerely,
A Concerned Spouse

Comprehensive Legal Article on Filing a Concubinage Case in the Philippines

In the Philippines, marital fidelity has long been considered a cornerstone of the family unit, and as such, the law has carved out specific criminal offenses to address situations where one spouse commits sexual infidelity. Among these offenses is concubinage, which is punishable under the Revised Penal Code (RPC). While many are familiar with the related offense of adultery, concubinage remains distinct both in its legal elements and the complexity involved in bringing about a successful prosecution. To fully understand the intricacies, one must examine the statutory basis, the requirements for establishing the crime, the evidentiary burdens, and the procedural hurdles that often make concubinage cases challenging to pursue.

1. Legal Basis and Definition of Concubinage

Concubinage is defined and penalized under Article 334 of the Revised Penal Code. It specifically addresses the scenario where a legally married husband engages in certain acts of sexual infidelity with a woman not his wife. Unlike adultery—which criminalizes a married woman’s extra-marital affair with a man—the crime of concubinage focuses on the husband’s conduct. This asymmetry in treatment traces back to historical gender roles and the legislative intent when the RPC was enacted.

Under the law, a husband may be held criminally liable for concubinage if he commits any of the following acts:

Keeping a mistress in the conjugal dwelling;
Having sexual intercourse, under scandalous circumstances, with a woman who is not his wife;
Cohabiting with her in any other place.

It is worth noting that not just any act of infidelity qualifies as concubinage. The law specifies conditions that must be met before a criminal charge can be sustained. This narrow definition already begins to show why filing a concubinage case can be more demanding than it initially appears.

2. Key Distinctions From Adultery

In Philippine criminal law, adultery and concubinage are distinct offenses. Adultery, as defined under Article 333 of the RPC, involves a married woman having sexual intercourse with a man other than her husband. Proving adultery often hinges on demonstrating the existence of sexual relations between the accused parties. Concubinage, on the other hand, demands more than a mere single act of infidelity. The offense generally requires proof of a more permanent or notorious relationship, such as cohabitation or scandalous sexual relations. This additional requirement is what makes concubinage more difficult to prosecute. It is not enough to show that a married man had an affair; one must show that he maintained a relationship resembling marital cohabitation or engaged in scandalous behavior that offends public morals.

3. The Nature of the Acts Constituting Concubinage

The three acts constituting concubinage represent varying degrees of difficulty in proof:

(a) Keeping a Mistress in the Conjugal Home:
This is arguably the most straightforward scenario, as evidence could include testimonies from household help, neighbors, or even photographs or documentary proof showing that the mistress lives under the same roof as the legal wife. Demonstrating that a woman stays in the conjugal home and performs wifely roles there can be direct, tangible, and easier to establish than other forms of concubinage.

(b) Scandalous Circumstances of Sexual Intercourse:
This involves proving that the husband and the other woman engaged in sexual relations that are not only illicit but also done in a manner that shocks or offends public decency. To prove “scandalous” behavior, one might rely on witness testimony, possibly video or photographic evidence, or local gossip and complaints that their behavior became public knowledge. However, gathering such evidence can be challenging and intrusive.

(c) Cohabitation in Another Place:
Proving that the husband cohabits with a mistress outside the conjugal home is also difficult. Cohabitation suggests a degree of permanency and stability, so the accuser must present evidence showing that the two have established a quasi-marital household elsewhere. Utility bills, lease agreements, testimonies of neighbors from the location where they live, and other documents showing a consistent shared residence could be introduced as evidence.

4. Evidentiary Standards and Burden of Proof

Like all criminal cases in the Philippines, a case for concubinage must be proven beyond reasonable doubt. This standard is the highest known in our judicial system. The wife, as the offended party, would typically initiate the complaint. She must present a prima facie case strong enough to persuade the public prosecutor to file charges in court. From there, the prosecution must meet the burden of proof beyond reasonable doubt.

Evidence often includes:

Testimonial Evidence:
Witnesses who saw the couple cohabiting, household helpers aware of the mistress’s daily presence, neighbors who can testify to scandalous conduct, and other individuals with direct knowledge.
Documentary Evidence:
Utility bills, rental contracts, hotel receipts, or even correspondence between the husband and the mistress indicating a settled cohabitation arrangement.
Photographic or Video Evidence:
Photographs, videos, or digital footprints (such as social media check-ins) showing the couple living together, attending functions as a couple, or hosting friends in a household setting.

However, many of these forms of evidence can be hard to collect without breaching privacy, risking personal safety, or triggering potential countermeasures from the accused parties.

5. Procedural Steps in Filing a Concubinage Case

Filing a concubinage case begins with a complaint. The offended party (the wife) typically files a complaint affidavit with the Office of the City or Provincial Prosecutor having jurisdiction over the place where the offense was committed. The complaint should detail the alleged acts, name the parties involved, and attach any available supporting evidence.

Once the complaint is submitted, the prosecutor’s office will conduct a preliminary investigation. During this phase, both parties can submit affidavits and counter-affidavits, and the prosecutor assesses if there is probable cause to believe that the crime has been committed and that the accused is likely responsible. If probable cause is found, an Information is filed in court, and trial proceedings commence.

6. Challenges and Practical Considerations

Difficulty in Obtaining Evidence:
Proving concubinage often demands intrusive evidence-gathering techniques. The offended spouse may be forced to become their own investigator, hiring private detectives or requesting friends and relatives to testify. The scandalous nature of the evidence can strain family relations and traumatize all parties involved.
Emotional and Financial Costs:
Litigation is stressful. Apart from the emotional toll of seeing marital infidelity unfold in a public forum, pursuing a criminal case can be lengthy and costly. Attorney’s fees, filing fees, and incidental expenses can accumulate. The offended party must be prepared for a protracted legal battle.
Public Shame and Social Stigma:
Bringing a private marital matter into the public sphere can result in unwanted attention. The process can become public, and the details of the family’s issues may be discussed in open court. Both parties risk being subjected to social stigma.
Strict Legal Requirements:
Because concubinage is more narrowly defined than adultery, meeting its legal elements is inherently more challenging. A single act of infidelity, no matter how deeply it wounds the offended spouse, is not always enough. Evidence of a more sustained and scandalous relationship is needed.

7. Possible Outcomes and Penalties

If the court finds the accused husband guilty of concubinage, he faces the penalty of prision correccional in its minimum and medium periods (ranging roughly from six months and one day to four years and two months). The mistress may also be implicated and could face a penalty of destierro (banishment), which requires her to stay away from a certain geographic area. While these penalties exist, the enforcement of judgments in concubinage cases is not as frequently encountered in jurisprudence, given the complexity of pursuing such cases to their conclusion.

8. Defenses and Other Complications

A husband accused of concubinage can raise several defenses, such as:

Arguing that there was no cohabitation or that the relationship did not meet the thresholds of “keeping” a mistress.
Challenging the credibility or sufficiency of evidence, such as witness testimony or documentary proof.
Asserting that the acts were not performed under scandalous circumstances or that the woman did not reside in the conjugal home.

Additionally, if the offended wife pardons the husband or voluntarily cohabits again with him, the action may be barred. The Revised Penal Code provides that pardon by the offended party can extinguish the criminal action, reflecting a policy encouraging reconciliation within the family. This, however, must be carefully examined as legal rules on pardon and forgiveness can be intricate, and prior consultation with a lawyer is essential.

9. Relationship to Other Legal Remedies

While concubinage is a criminal offense, offended spouses sometimes consider other legal routes. For instance, the psychological and emotional abuse stemming from extramarital affairs might constitute grounds under Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act (VAWC). This could provide more immediate protective remedies, such as protection orders, and address not just the sexual infidelity but also its emotional and psychological fallout.

Another option involves civil remedies like filing a petition for legal separation or, under certain limited circumstances, annulment or declaration of nullity of marriage. Though these are not criminal proceedings, they can provide legal frameworks for addressing the consequences of marital breakdown, such as property division and child custody.

However, unlike a direct concubinage complaint, these civil remedies focus less on punishing the offending spouse and more on rectifying or terminating the marital relationship and setting terms for its aftermath. Each route—criminal or civil—has distinct requirements and outcomes, and the choice depends on the offended party’s ultimate objectives.

10. Jurisprudence and Practical Experience

Case law on concubinage has not been as abundant or as frequently litigated as other crimes. Where jurisprudence exists, it highlights the necessity of meeting precise standards. Courts are often cautious before convicting someone of a criminal offense with a relatively strict set of elements, ensuring that due process and fairness prevail.

Lawyers with experience in family law and criminal litigation will emphasize that while it is legally possible to prosecute a husband for concubinage, it is rarely straightforward. The scarcity of decided cases that result in conviction can discourage some from pursuing it, preferring either private settlement or other legal avenues. Those who decide to move forward must brace themselves for a tedious process, with no guarantee of a favorable outcome.

11. Practical Tips and Strategies

For an offended spouse contemplating filing a concubinage case, careful and thorough preparation is crucial:

Gather Evidence Early:
Begin collecting documentary and testimonial evidence as soon as suspicions arise. The fresher the evidence, the more credible it may be in court.
Consult a Knowledgeable Lawyer:
An experienced family lawyer or criminal litigator can evaluate whether your case meets the legal elements of concubinage and help avoid costly missteps.
Consider Your Goals and Alternatives:
Before filing, consider if your objective is to achieve a moral victory, to secure justice and punishment, or to bring about changes in your marital arrangement. Sometimes, pursuing a different legal remedy may better serve your interests.
Emotional Preparedness:
Understand that the legal process will reopen wounds and expose sensitive family issues. Emotional support from friends, family, or professional counselors may be necessary.

12. Conclusion

Filing a case for concubinage in the Philippines is often a complex, emotionally charged, and resource-intensive endeavor. The strict requirements under the Revised Penal Code, the need to produce clear and convincing evidence, and the protracted nature of criminal litigation all contribute to the difficulty.

While it is possible to succeed in prosecuting a concubinage case, one must proceed with realistic expectations. Conviction may be elusive unless the conduct of the erring husband clearly falls within one of the explicit categories outlined by law. Because of these challenges, potential complainants often weigh the potential benefits of pursuing a criminal action against the personal, financial, and emotional costs involved.

In the final analysis, the difficulty in filing a concubinage case stems not only from the stringent legal requirements of the offense but also from the delicate balance between moral outrage, emotional distress, and legal practicality. Anyone considering such a course of action should seek professional legal advice to understand their rights, the potential outcomes, and whether this route will truly serve their interests and those of their family.