Concubinage Laws Philippines

Legal Basis and Definition

Concubinage is a criminal offense under the Revised Penal Code of the Philippines. It pertains to the act of a married man cohabiting with a woman who is not his wife, in a relationship akin to a marital partnership. For this crime to be prosecuted successfully, certain elements must be proven in court.

Elements of Concubinage

The essential elements that must be established in a concubinage case are:

The accused must be a married man.
He must have sexual relations with a woman not his wife.
Such relations should take place under scandalous circumstances or within the conjugal dwelling.

Legal Recourse for the Offended Wife

The spouse who has been aggrieved by the act of concubinage has the legal standing to initiate criminal charges against the husband and his concubine. This requires filing a formal complaint before the proper prosecuting office for preliminary investigation.

Penalties and Sentencing

Concubinage is punishable by imprisonment, the duration of which varies depending on the circumstances. The penalties also extend to the concubine, although her sentence is usually less severe than that imposed on the husband.

Defenses and Challenges in Proving Concubinage

Insufficiency of Evidence: Concubinage is often hard to prove, requiring compelling evidence that the accused met all the elements of the crime.
Prescription: If a considerable amount of time has elapsed since the occurrence of the alleged offense, the case might be dismissed due to prescription.
Pardon: The wife may decide to pardon the husband, thereby extinguishing the criminal liability.

Implications on Property and Assets

The charge of concubinage may also affect the marital and property relations of the couple. A decree of legal separation, if pursued, can result in the forfeiture of the husband’s share in the conjugal partnership or absolute community of property.

Conclusion

Concubinage is a serious offense with grave legal implications, affecting not just the individuals directly involved but also the sanctity of marriage. It is imperative that the aggrieved party understands the complexity of filing and proving this case in court, and seeks legal advice to navigate the judicial process effectively.