Adultery and Concubinage in the Philippines: What Cases Can Be Filed and By Whom

Adultery and Concubinage in the Philippines: What Cases Can Be Filed and By Whom

Introduction

In the Philippine legal system, adultery and concubinage are criminal offenses rooted in the country's colonial history and enshrined in the Revised Penal Code (RPC) of 1930, specifically under Articles 333 and 334. These crimes are considered violations against marital fidelity and are classified as crimes against chastity. They reflect a traditional, gender-differentiated approach to infidelity, where the standards for prosecuting married women (adultery) are stricter than those for married men (concubinage). This disparity has been criticized for being outdated and discriminatory, but as of the current legal framework, these provisions remain in force.

These offenses are unique because they are "private crimes," meaning they cannot be prosecuted by the state on its own initiative. Instead, they require a complaint from the offended spouse. The rationale is to preserve family harmony and allow the aggrieved party to decide whether to pursue legal action. Failure to understand these nuances can lead to dismissed cases or legal complications. This article explores the definitions, elements, penalties, filing procedures, and related aspects of adultery and concubinage in exhaustive detail, based on established Philippine jurisprudence and statutory law.

Definition and Elements of Adultery (Article 333, RPC)

Adultery is defined as the crime committed by a married woman who engages in sexual intercourse with a man who is not her husband, and by the man who has carnal knowledge of her, knowing that she is married.

Key Elements:

1. The offender is a married woman: The woman must be legally married at the time of the act. If the marriage is void or annulled retroactively, no adultery can be charged.
2. Sexual intercourse with a man not her husband: Even a single act of intercourse suffices. Penetration is required; mere attempts or other forms of intimacy do not qualify.
3. The co-offender (paramour) knows she is married: The man must have knowledge of her marital status. This can be proven through circumstantial evidence, such as living in the same community or explicit admissions.
4. No consent or pardon from the husband: If the husband consents to or pardons the act, the crime is extinguished.

Adultery is consummated upon the act of intercourse, regardless of whether it occurs in private or public. It does not require cohabitation or ongoing relations. Jurisprudence, such as in People v. Zapata (1951), emphasizes that the crime is against the marital bond, not just chastity.

Proof Requirements: Direct evidence is rare, so courts rely on circumstantial evidence (e.g., hotel records, witnesses to intimate encounters). Medical evidence, like DNA from a child born out of wedlock, can support claims but is not conclusive alone.

Definition and Elements of Concubinage (Article 334, RPC)

Concubinage is the crime committed by a married man who engages in any of the following acts with a woman who is not his wife: (1) keeping her as a mistress in the conjugal dwelling; (2) having sexual intercourse with her under scandalous circumstances; or (3) cohabiting with her in any other place.

Key Elements:

1. The offender is a married man: He must be legally married. Similar to adultery, a void marriage negates the charge.
2. One of three specific acts:
   • Keeping a mistress in the conjugal dwelling: The family home where the wife and children reside. The mistress must be maintained there, implying financial support and regular presence.
   • Sexual intercourse under scandalous circumstances: This involves acts that cause public outrage, such as open displays of affection or intercourse in public view. Mere discreet encounters do not qualify.
   • Cohabitation elsewhere: Living together as husband and wife in a place other than the conjugal home, even if temporary, with sexual relations.
3. The woman (concubine) knows he is married: Her knowledge is essential for her liability as a co-offender.
4. No consent or pardon from the wife: Similar to adultery, the wife's pardon extinguishes the crime.

Unlike adultery, concubinage requires proof of ongoing or habitual behavior, not just a single act. Cases like People v. Belo (1963) clarify that "scandalous circumstances" must shock public morals, not just private sensibilities.

Proof Requirements: Evidence often includes witness testimonies, lease agreements for separate residences, or financial records showing support for the mistress. A single isolated act of intercourse without the additional elements does not constitute concubinage.

Key Differences Between Adultery and Concubinage

The laws exhibit gender bias, stemming from Spanish colonial influences that viewed women's infidelity as more damaging to family lineage.

Aspect	Adultery (Married Woman)	Concubinage (Married Man)
Acts Required	Single act of sexual intercourse	Ongoing acts: keeping mistress at home, scandalous intercourse, or cohabitation
Burden of Proof	Lower; one incident suffices	Higher; requires habituality or scandal
Gender Applicability	Applies only to married women and their paramours	Applies only to married men and their concubines
Penalty Severity	Harsher for the woman (up to 6 years)	Lighter for the man (up to 4 years)
Social Criticism	Seen as discriminatory against women	Easier for men to evade prosecution

This disparity has led to calls for reform, arguing it violates equal protection under the 1987 Constitution. However, the Supreme Court has upheld the laws in cases like Garcia v. Drilon (2013), noting they serve to protect marriage.

What Cases Can Be Filed

• Criminal Cases: The primary cases are for adultery or concubinage under the RPC. These are filed as complaints before the prosecutor's office or Municipal Trial Court.
• Civil Cases: Adultery or concubinage can serve as grounds for:
  • Legal Separation (Article 55, Family Code): Allows separation without dissolving the marriage.
  • Annulment or Nullity of Marriage: If infidelity indicates psychological incapacity (Article 36, Family Code), as in Republic v. Molina (1997).
  • Damages: The offended spouse can file for moral damages under Article 2219 of the Civil Code.
• Related Criminal Cases:
  • Bigamy (Article 349, RPC): If the unfaithful spouse remarries without annulling the first marriage.
  • Violence Against Women and Children (RA 9262): Infidelity can be psychological violence if it causes mental anguish.
  • Child Custody/Support Disputes: Evidence of adultery/concubinage can influence Family Court decisions under the Family Code.
• Administrative Cases: For public officials, these can lead to dismissal under Civil Service rules for disgraceful conduct.

No separate "infidelity" case exists; it must fit adultery, concubinage, or related grounds.

By Whom: Who Can File the Cases

These are private crimes under Article 344 of the RPC, prosecutable only upon the complaint of the offended spouse.

• For Adultery: Only the offended husband can file against his wife and her paramour. If he is absent or incapacitated, no one else (e.g., relatives) can substitute.
• For Concubinage: Only the offended wife can file against her husband and his concubine.
• Exceptions:
  • If the offended spouse is deceased, the case cannot be filed.
  • Minors or incompetents: Guardians may assist, but the spouse must initiate.
  • Pardon: Explicit (e.g., affidavit) or implicit (e.g., continued cohabitation) by the offended spouse bars prosecution for all parties.
• Joint Liability: Both the unfaithful spouse and the third party are charged, but the case against one cannot proceed without the other unless separately pardoned.
• Who Cannot File: The state, police, or third parties (e.g., children, in-laws) cannot initiate. Public prosecutors only handle after the spouse's complaint.

In People v. Santos (1932), the Court ruled that without the spouse's complaint, the case is dismissed motu proprio.

Filing Procedure

1. Complaint Filing: Sworn complaint with the Office of the City/Provincial Prosecutor or directly with the Municipal Trial Court.
2. Preliminary Investigation: Prosecutor determines probable cause.
3. Information Filing: If probable cause exists, filed in Regional Trial Court (family court jurisdiction under RA 8369).
4. Arraignment and Trial: Accused pleads; evidence presented.
5. Prescription Period: 15 years from discovery (Article 90, RPC), as these are afflictive penalties.
6. Venue: Where the crime was committed or where the offended party resides.

Cases are confidential to protect privacy.

Penalties

• Adultery:
  • Married woman and paramour: Prisión correccional in medium and maximum periods (2 years, 4 months, 1 day to 6 years).
• Concubinage:
  • Married man: Prisión correccional in minimum and medium periods (6 months, 1 day to 4 years, 2 months).
  • Concubine: Destierro (banishment from a certain place for the same duration).

Penalties can be mitigated by voluntary surrender or aggravated by circumstances like abuse of authority. No probation for adultery due to penalty length.

Defenses and Extinguishment

• Common Defenses:
  • Lack of marriage validity.
  • No knowledge of marital status.
  • Absence of sexual intercourse (for adultery) or required acts (for concubinage).
  • Alibi or impossibility.
• Pardon or Consent: Must be before filing; extinguishes liability for all (Article 344, RPC).
• Death of Offender: Extinguishes criminal liability.
• Amnesty or Repeal: None currently applicable.
• Prescription: If not filed within 15 years.

Related Laws and Jurisprudence

• Family Code (1987): Adultery/concubinage as grounds for separation (Article 55) or nullity if linked to incapacity.
• RA 9262 (VAWC, 2004): Infidelity can be economic or psychological abuse.
• RA 10175 (Cybercrime Law): If evidence involves online affairs, but core crimes remain RPC-based.
• Jurisprudence Highlights:
  • Ligtas v. People (2010): Clarified "scandalous circumstances" requires public knowledge.
  • Serrano v. People (2008): Single act insufficient for concubinage.
  • Ongoing debates: Bills like House Bill 100 (2021) seek decriminalization, arguing gender inequality, but none passed yet.

Conclusion

Adultery and concubinage underscore the Philippines' emphasis on marital sanctity but highlight gender inequities in law. While they provide recourse for betrayed spouses, their prosecution is rare due to the private nature and evidentiary burdens. Affected individuals should consult lawyers, as these cases intersect with family law and can have lasting impacts on custody, property, and reputation. Reforms may eventually align these with modern equality principles, but for now, they remain key tools in addressing infidelity criminally.