Adultery and concubinage in the Philippines

Filing a Criminal Case Against a Mistress: A Legal Guide in the Philippines

Question:
I am planning to file a criminal case against the mistress of my husband. What are my legal options under Philippine law?

Answer:

What laws govern adultery and concubinage in the Philippines?

The acts of adultery and concubinage are offenses against chastity under the Philippine Revised Penal Code. Adultery is committed by a wife and her paramour, while concubinage is committed by a husband and his mistress.

How is concubinage defined, and what must be proven?

Concubinage is committed by a husband who keeps a mistress in the conjugal dwelling, has sexual intercourse with her under scandalous circumstances, or cohabits with her in any other place. To prove this in court, you must show evidence that your husband committed any of these acts.

What are the penalties for concubinage?

The penalties for concubinage can vary but usually include imprisonment. The mistress may also be imprisoned, albeit for a lesser period than the offending spouse.

What are the steps in filing a case for concubinage?

1. Gather Evidence: Collect proof such as photographs, text messages, or testimonies.
2. Seek Legal Advice: Consult with a lawyer to discuss the strength of your case.
3. File the Complaint: Submit your complaint and evidence to the Office of the Prosecutor.
4. Preliminary Investigation: The prosecutor will evaluate if there's enough evidence to charge the accused.
5. Court Proceedings: If the case proceeds, you will need to participate in court hearings.

Can the mistress be charged separately?

In concubinage, the mistress is considered a co-accused and can be criminally charged alongside your husband.

Can I withdraw the case once filed?

Yes, but this usually absolves both parties of criminal liability. Note that this is not applicable if the prosecution has already presented evidence in court.

What are the possible defenses for the mistress?

Common defenses include lack of proof of the relationship, the accuser's consent to the relationship, or that the actions didn't meet the criteria for concubinage under the law.

Are there other legal options?

Aside from criminal charges, you may also explore civil options such as filing for legal separation, annulment, or a protection order under the Anti-Violence Against Women and Their Children Act of 2004 (RA 9262).

Can a charge for concubinage affect child custody and property division?

While a conviction for concubinage may not automatically influence child custody and property division, it can be considered in related cases and could have an indirect effect.

Conclusion:
Filing a criminal case for concubinage is a serious matter and should be undertaken with careful consideration and robust evidence. Consult with a lawyer to explore all your legal options and to guide you through the legal process.