Concubinage Cases Against Husbands and Mistresses in the Philippines: A Comprehensive Legal Overview

Introduction

In the Philippines, where family values and marital fidelity are deeply ingrained in both cultural and legal frameworks, concubinage remains a criminal offense that addresses infidelity committed by married men. Defined under the Revised Penal Code (Act No. 3815, as amended), concubinage targets husbands who engage in extramarital relationships with mistresses under specific conditions. This crime is distinct from adultery, which applies to married women, reflecting historical gender disparities in Philippine penal law. A concubinage case can be filed by the offended wife against both the husband and the mistress (referred to as the concubine), leading to potential imprisonment, banishment, and civil consequences. This article delves into the legal foundations, elements, procedural aspects, defenses, and broader implications of concubinage cases, providing a thorough examination within the Philippine legal context. While societal attitudes toward infidelity evolve, the law continues to uphold marital obligations, often intersecting with family law and modern statutes on gender equality.

Legal Definition of Concubinage

Concubinage is criminalized under Article 334 of the Revised Penal Code (RPC), which states:

"Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro."

This provision establishes concubinage as a crime against marital fidelity, punishable only when committed by a married man. The term "concubine" refers to the mistress involved, who must knowingly participate in the relationship with a married man. Unlike common-law definitions in other jurisdictions, Philippine law narrowly defines concubinage to require proof of specific acts rather than mere emotional affairs.

The penalties are:

For the husband: Imprisonment ranging from 6 months and 1 day to 4 years and 2 months (prision correccional minimum and medium).
For the concubine: Destierro, or banishment, which prohibits her from entering a specified place (typically the offended spouse's residence or a radius around it) for a period matching the husband's sentence.

Concubinage is a public crime, meaning it can be prosecuted by the state, but it requires a complaint from the offended spouse to initiate proceedings. This contrasts with private crimes like adultery, which also demands spousal initiation but carries harsher penalties for women.

Elements of the Crime

To establish concubinage, the prosecution must prove the following elements beyond reasonable doubt, as outlined in jurisprudence such as People v. Pitoc (G.R. No. L-17827, 1962) and People v. Belo (G.R. No. L-27314, 1968):

The offender is a married man: The marriage must be valid and subsisting. If the marriage is void or annulled, no concubinage can be charged. Proof includes a marriage certificate.
He commits one of the following acts:
- Keeps a mistress in the conjugal dwelling (family home).
- Has sexual intercourse with a woman not his wife under scandalous circumstances (e.g., public displays causing outrage or notoriety).
- Cohabits with her in any other place (living together as husband and wife, implying a continuous and habitual relationship, not isolated incidents).
The woman (concubine) knows of the man's marriage: Her awareness is crucial; ignorance can serve as a defense for her.

Mere suspicion or circumstantial evidence is insufficient; direct proof, such as witnesses to cohabitation or admissions, is required. Sexual intercourse need not be proven in all modalities—cohabitation alone suffices if habitual. The Supreme Court in Luis B. Reyes' The Revised Penal Code commentary emphasizes that "scandalous circumstances" involve acts that offend public morals, such as open flaunting of the affair.

Concubinage differs from adultery (Article 333, RPC), where a married woman faces prision correccional in its medium and maximum periods (2 years, 4 months to 6 years) for even a single act of infidelity, and her paramour is similarly punished. This gender asymmetry has been criticized as discriminatory, but it remains law, with calls for reform under gender equality principles in the 1987 Constitution.

Relevant Laws and Regulations

Concubinage intersects with several other laws:

Family Code of the Philippines (Executive Order No. 209): Articles 35-54 govern marriage validity. A concubinage conviction can support grounds for legal separation (Article 55) or annulment if it reveals psychological incapacity (Article 36). It may also affect property regimes, custody, and support obligations.
Anti-Violence Against Women and Their Children Act (Republic Act No. 9262): If the affair involves economic abuse, psychological violence, or abandonment, the wife can file under RA 9262 alongside concubinage, seeking protection orders, support, and damages. Concubinage can be evidence of marital infidelity constituting violence.
Civil Code Provisions: Article 26 allows for damages in civil suits for moral injury from the affair. The offended spouse may seek separation of property (Article 134, Family Code).
Magna Carta of Women (Republic Act No. 9710): Promotes gender equality, potentially influencing interpretations to mitigate gender biases in concubinage and adultery laws.
Prescription and Pardon: Under Article 90, RPC, concubinage prescribes in 10 years from discovery. Article 344 allows the offended spouse to pardon the offenders expressly or impliedly (e.g., resuming cohabitation), extinguishing criminal liability but not civil claims.

Local ordinances may address related issues like public scandal, but concubinage remains under national penal law.

Procedure for Filing a Concubinage Case

Filing follows criminal procedure rules under the Rules of Court:

Complaint Initiation: The offended wife (or her legal representative if incapacitated) files a sworn complaint with the prosecutor's office (fiscal). It must detail the acts, dates, places, and evidence. Without this, no case proceeds, as per Article 344, RPC.
Preliminary Investigation: The prosecutor determines probable cause. If found, an information is filed in the Municipal Trial Court (MTC) or Regional Trial Court (RTC), depending on jurisdiction (penalties under 6 years fall under MTC).
Arraignment and Trial: Accused enter pleas. Trial involves presenting evidence like affidavits, photos, messages, or witness testimonies. The concubine is tried jointly unless severed.
Bail: Available, as penalties are not capital.
Appeal: Decisions can be appealed to the Court of Appeals, then Supreme Court.

Cases are handled discreetly to protect family privacy, but trials are public. The process can take 1-5 years, with costs including filing fees (around PHP 1,000-5,000) and legal representation.

Possible Defenses for the Accused

Defenses vary for husband and concubine:

For the Husband:
- Invalid marriage (e.g., bigamous).
- Lack of elements: No cohabitation, scandal, or conjugal dwelling involvement; acts were isolated.
- Pardon by wife.
- Prescription.
For the Concubine:
- Ignorance of the man's marriage (good faith).
- No knowledge or participation in the prohibited acts.

Both can challenge evidence admissibility, such as illegally obtained messages under the Anti-Wire Tapping Law (RA 4200). Entrapment is not typically applicable, as concubinage is not inducement-based.

Practical Considerations and Prevention

Cultural and Social Context: In a predominantly Catholic nation, concubinage cases often stem from deep emotional wounds but may lead to family breakdown. Many wives opt for reconciliation or legal separation over prosecution due to stigma.
Evidence Gathering: Digital evidence (e.g., texts, social media) is common but must be authenticated. Private investigators are sometimes used, though ethically fraught.
Consequences Beyond Penalty: Conviction affects employment (especially in government), child custody (favoring the innocent parent), and immigration. It may trigger disbarment for lawyers or dismissal for public officials.
Reform Discussions: Advocacy groups push for decriminalizing infidelity or equalizing penalties, aligning with international human rights standards. Bills like the proposed "Infidelity Law Reform" have been filed but not passed.
Alternatives: Wives may pursue civil remedies like support claims or property division without criminal charges, especially if children are involved.
Prevention: Premarital counseling under the Family Code and open communication can mitigate risks. Legal advice early in marital issues is recommended.

Conclusion

Concubinage cases underscore the Philippine legal system's commitment to preserving marriage while grappling with outdated gender norms. Rooted in the Revised Penal Code, these cases require stringent proof and spousal initiative, offering remedies for betrayed wives but imposing relatively lenient penalties compared to adultery. As society progresses toward gender equity, potential reforms loom, yet current law provides a framework for accountability. Victims should consult attorneys to navigate the emotional and legal complexities, balancing justice with family welfare. For personalized advice, engaging a family law specialist is essential, as each case's facts dictate outcomes.