(A legal article in Philippine context)

I. Why this topic is legally tricky

A “concubinage and child support case against an overseas spouse” often bundles together three different legal tracks that do not automatically move in the same direction:

Criminal liability for marital infidelity (concubinage or adultery) under the Revised Penal Code.
Civil/family-law remedies for support (child support, spousal support in limited situations) under the Family Code and related laws.
Cross-border enforcement realities when the spouse is outside the Philippines (service of process, jurisdiction, evidence, extradition/non-extradition, enforcement of money obligations abroad).

A common misconception is that filing a criminal case will automatically produce support; it usually does not. Support is primarily a civil/family-law obligation that can be pursued independently.

II. Concubinage in Philippine law: what it is and what it isn’t

A. Definition and elements (Revised Penal Code, Article 334)

Concubinage is committed by a married man who does any of the following:

Keeps a mistress in the conjugal dwelling; or
Has sexual intercourse under scandalous circumstances with a woman who is not his wife; or
Cohabits with her in any other place (i.e., living together as partners outside the conjugal home).

Who can file: Generally, only the offended wife can initiate the complaint, and procedural rules make it a “private crime” requiring the wife’s complaint to commence prosecution.

Who is charged:

The husband as principal; and
The mistress may be charged as a co-accused depending on the mode (the law penalizes her participation in specified acts).

B. Concubinage vs. adultery

Adultery is committed by a married woman who has sexual intercourse with a man not her husband; the man is likewise liable.
Concubinage is narrower and requires the specific circumstances above, not simply proof of sex.

C. The evidence burden is higher than many people expect

Proof issues often include:

Conjugal dwelling: you must show the mistress is being kept there.
Cohabitation: you must show they live together as partners (not just occasional visits).
Scandalous circumstances: usually requires public notoriety/behavior beyond a private affair.

Mere messages, flirtation, or rumors rarely meet the full elements unless tied to cohabitation or one of the enumerated modes.

III. When the spouse is overseas: jurisdiction and practical obstacles in concubinage

A. Territoriality rule

Philippine criminal law generally applies to crimes committed within Philippine territory. For concubinage, you usually need acts (cohabitation/keeping mistress/scandalous intercourse) occurring in the Philippines, or at least conduct that can be legally treated as occurring here.

If the husband’s alleged concubinage is happening entirely abroad, Philippine courts may not have territorial jurisdiction to prosecute it as a Philippine crime, absent special circumstances.

B. If the overseas spouse is charged: can the case proceed?

A criminal case can be filed even if the accused is abroad, but moving it forward depends on:

Ability to serve notices and compel appearance,
Arrest and custody, and
Whether the accused returns or can be reached.

If the accused never enters Philippine jurisdiction, proceedings may stall in practice, and enforcement (arrest) typically occurs only if he comes back and the warrant is enforceable at the point of entry or within the country.

C. Evidence gathering becomes harder

Common overseas evidence problems:

Witness availability (neighbors abroad, landlords, etc.)
Authentication of foreign documents
Admissibility issues (especially for screenshots and online materials without proper foundations)

IV. Child support: the stronger, more direct remedy

A. Child support is a legal obligation regardless of marital issues

Under Philippine family law, parents are obliged to support their children, legitimate or illegitimate. Marital infidelity does not erase a child’s right to support.

Support typically includes:

Food, shelter, clothing
Education
Medical needs
Transportation and other needs consistent with the family’s circumstances

B. Who can demand child support

Usually:

The parent who has custody or actual care of the child;
The child, through a representative; or
A guardian or lawful custodian.

C. How support is computed

There is no fixed universal amount. Courts look at:

The child’s needs, and
The paying parent’s resources/means (income, benefits, earning capacity, assets).

Support can be:

Provisional/temporary support (during the case), and
Final support order (after determination).

D. Remedies available in Philippine courts

Common legal actions:

Petition/action for support (family court)
Support pendente lite (temporary support while the case is ongoing)
Collection/enforcement mechanisms after a judgment (garnishment, levy, contempt in certain contexts)

E. Child support vs. spousal support

Spousal support depends on facts and status:

While spouses are together, there is mutual support.
If living separately, spousal support may still be sought in appropriate family-law proceedings, but it’s more contested and fact-sensitive than child support. Child support is usually the clearer claim.

V. The “overseas spouse” problem in support cases: what changes and what doesn’t

A. Personal jurisdiction and service of summons

To bind a person by a Philippine court’s judgment for money obligations like support, the court generally needs jurisdiction over the person (or their property in the Philippines through appropriate proceedings).

If the spouse is abroad:

The court may allow extraterritorial service of summons in certain civil actions, depending on the nature of the case and the applicable procedural rules.
Practical effectiveness depends on whether the spouse participates or has reachable assets in the Philippines.

B. If the overseas spouse has property or income in the Philippines

Support enforcement becomes far more workable if the spouse has:

Bank accounts, real property, business interests
Employment income in the Philippines
Rental income, dividends, receivables

Possible enforcement tools (after proper court proceedings) include:

Garnishment of bank accounts or receivables
Levy on property
Attachment in certain circumstances

C. If the overseas spouse has no Philippine assets

A Philippine support order may still be obtained, but collecting abroad requires:

The laws of the country where the spouse resides, and
Whether that country will recognize/enforce foreign judgments (often through a local recognition process).

This turns into a cross-border enforcement question rather than a purely Philippine one.

VI. VAWC as an alternative or companion remedy (often highly relevant)

A. Economic abuse and deprivation of support

In many real-life situations, the most effective legal route is not concubinage but VAWC (Violence Against Women and Their Children) where applicable.

VAWC can cover:

Economic abuse, including withholding financial support or controlling finances in a way that harms the woman or her child.

B. Why VAWC can be strategically important

VAWC proceedings may allow:

Protection orders, including orders related to financial support, residency, custody, and communication restrictions.
Faster interim relief compared with purely civil support actions.

VAWC applicability depends on:

Relationship status (spouse/ex-spouse, dating relationship in certain contexts, common child, etc.)
Facts showing economic abuse and its impact

Even if concubinage is weak on proof or jurisdiction, support deprivation may still be actionable through family court and/or VAWC mechanisms.

VII. Can you file both concubinage and support? Yes, but they serve different goals

A. Parallel actions

It’s legally possible to:

File concubinage (criminal) to address the alleged offense; and
File an action for support (civil/family) to secure financial support for the child.

B. Why concubinage is usually not the best leverage for support

Concubinage:

Requires specific elements that can be hard to prove
Faces territorial/jurisdiction issues when acts occur abroad
Moves slowly and may stall if the accused remains overseas
Does not automatically yield support orders

Support actions/VAWC:

Directly target the obligation to provide support
Can grant interim relief
Focus on needs and capacity rather than scandal elements

VIII. Evidence: what typically matters in each case

A. For concubinage

You need evidence matched to the statutory modes:

Proof of marriage (wife and accused)
Proof of cohabitation / keeping mistress / scandalous circumstances
Witnesses (neighbors, landlord, barangay officials), documents (lease, utility bills), photos showing shared household indicators

Messages and photos can support the narrative, but courts usually need proof that fits the legal elements (cohabitation, conjugal dwelling, scandalous circumstances).

B. For child support

You need two buckets:

1) Child’s needs

School tuition/fees, receipts, enrollment records
Medical records and receipts
Food, utilities, rent, transport (a reasonable breakdown)
Special needs documentation if applicable

2) Paying parent’s capacity

Employment contract, payslips, remittance records
Bank transfers, proof of overseas employment or business
Lifestyle evidence (travel, purchases) can be supplementary
Admissions in messages about salary/work can help if properly authenticated

IX. Common procedural and strategic issues

A. Venue considerations

Concubinage: typically where the offense was committed (e.g., where cohabitation occurs).
Support/VAWC: family courts and proper venue rules apply; often where the complainant or child resides may be relevant depending on the action.

B. Settlement and “desistance” limits

Because concubinage is a private crime in practice, procedural rules on complaint and possible withdrawal can matter—but there are legal constraints, and the state still prosecutes once properly commenced depending on stage and rules.

Support obligations generally cannot be permanently waived to the prejudice of the child. Parties may compromise amounts and schedules, but the child’s best interests and continuing right to support remain central.

C. Immigration/OFW and employment repercussions

A criminal case can have practical implications if the accused returns to the Philippines, but many overseas employment contexts won’t automatically act on a Philippine case unless it triggers warrants, travel restrictions, or local legal consequences in the host country.

X. Practical outcomes and what to expect

A. Concubinage outcomes

Possible end-states:

Dismissal for lack of jurisdiction/evidence
Long pendency, especially if accused stays abroad
Conviction is possible but fact- and proof-dependent; the statutory modes are narrow

B. Support outcomes

More predictable outcomes when evidence is strong:

Temporary support orders during the case
Final support judgment based on needs and means
Enforcement against Philippine-based assets is the most straightforward

XI. A structured “choose-your-route” checklist

1) Ask: where did the alleged concubinage acts occur?

In the Philippines with provable cohabitation/keeping mistress/scandal → concubinage may be viable.
Entirely abroad → concubinage is often legally and practically difficult.

2) Ask: is the urgent harm financial deprivation for the child?

If yes, prioritize support and/or VAWC (economic abuse) where applicable.

3) Ask: does the overseas spouse have Philippine assets or income streams?

If yes, enforcement becomes more realistic.
If no, anticipate cross-border judgment recognition issues.

4) Build evidence aligned to the remedy

Concubinage: cohabitation/conjugal dwelling/scandalous circumstances evidence
Support: needs + capacity evidence (including remittances/income proof)

XII. Key takeaways

Concubinage is a narrowly defined criminal offense and becomes especially difficult when the spouse is overseas and the acts occur abroad.
Child support is a direct, enforceable obligation; it is typically the stronger legal avenue for immediate relief.
VAWC (economic abuse) may provide powerful interim protections and support-related relief where facts fit.
Cross-border issues often turn less on “winning a case” and more on jurisdiction, service, admissible evidence, and enforceable assets.