Concubinage Law Philippines
Definition and Legal Context
Concubinage is a criminal offense under the Revised Penal Code of the Philippines. It occurs when a man cohabits with a woman who is not his wife, under scandalous circumstances. The concept also extends to a married woman who consents to living with a man other than her husband in a scandalous manner.
Elements of the Offense
Marriage: The man must be married to another woman at the time of the offense.
Cohabitation: The man and the woman who is not his wife must live together.
Scandalous Circumstances: The relationship should be under circumstances that are considered scandalous, typically understood as acts that cause public scandal or have adverse effects on the community’s moral sensibilities.
Legal Consequences
If found guilty, the penalty can range from imprisonment to a fine, depending on the circumstances and the gravity of the offense. The wife may also have grounds to file a separate civil case for legal separation or damages.
Burden of Proof
To successfully prosecute a case of concubinage, evidence must clearly establish all elements of the offense. This might include documents, testimonies, or any other form of evidence that proves cohabitation under scandalous circumstances.
Defenses
Common defenses include lack of evidence to prove scandalous circumstances, proving that the accused was legally separated at the time of cohabitation, or demonstrating that the second woman was unaware of the man’s marital status.
Comparative Analysis
In contrast to adultery, which applies only to married women and their paramours, concubinage is an offense committed by a married man. Both are considered crimes against chastity under Philippine law and carry similar penalties but are delineated by different elements and defenses.
Conclusion
The law on concubinage is a reflection of the Philippines' strong emphasis on the sanctity of marriage and family life. Understanding the legal implications can help individuals involved in such situations to navigate the complexities of the Philippine legal system effectively.