Concubinage in the Philippines: Process, Requirements, and Cost

A comprehensive legal guide as of 15 May 2025

1. Statutory Basis

Article 334, Revised Penal Code (RPC) – defines the offense.
Article 344, RPC – classifies it as a “private crime” that may be prosecuted only upon a sworn complaint of the offended wife.
Articles 90–92, RPC – govern prescription.
Rules of Criminal Procedure (Rule 110–119, 122) – govern filing, trial, and appeal.
Jurisprudence – e.g., People v. Zapata (G.R. 66735, April 26 1984); Lacao v. CA (G.R. 93754, August 17 1993); People v. Ching (G.R. 196681, April 12 2021); several CA decisions interpreting “scandalous circumstances” and “keeping a mistress.”

2. Elements of Concubinage

Offender is the husband.
The husband commits any of three acts: a. Keeps a mistress in the conjugal dwelling; or b. Has sexual intercourse with a woman not his wife under scandalous circumstances; or c. Cohabits with her in any other place.
Complainant-wife files the criminal complaint.
The paramour (“concubine”) must be included in the information; both are indispensable parties.

3. Penalty & Ancillary Consequences

Party	Principal Penalty	Accessory	Civil Consequences
Husband	Prisión correccional, minimum & medium periods (6 months + 1 day to 4 years + 2 months)	Disqualification & forfeiture effects under Art. 43	Possible support & damages in separate civil action
Concubine	Destierro (banishment) for same duration	Must stay at least 25 km away from offended wife	Same potential civil liability

Bail (2025 indicative schedules): ₱12 000 – ₱20 000 each. Prescription: 10 years from the date of last overt act.

4. Who May File, Where, and When

Requirement	Details
Standing	Only the lawful wife (or her guardian/ascendant if incapacitated). No waiver once complaint is filed.
Venue	Office of the City/Provincial Prosecutor where any element occurred (usually where the spouses last co-habited or where the illicit act transpired).
Timing	Within 10 years but preferably promptly; delays undermine credibility.
Barangay Katarungang Pambarangay	Not applicable – concubinage is a criminal offense which is an exception to the barangay mediation requirement.

5. Step-by-Step Procedure

Gather evidence: private investigator reports, photos, messages, lease contracts, birth certificates of illegitimate children, eyewitness statements, financial records.
Draft a sworn Complaint-Affidavit – must name both the husband and the concubine and narrate specific acts constituting any of the three modes.
File with the Office of the Prosecutor (OCP/OPP) – no filing fee; attach documentary evidence and identification.
Pre-evaluation & docketing – prosecutor assigns an I.S. number; respondents receive subpoena-duces-tecum.
Counter-affidavits & Reply – 10-day periods (extendible for meritorious reasons).
Clarificatory hearing (optional) – at prosecutor’s discretion.
Resolution & Information – Probable Cause → file in the Regional Trial Court (RTC); lack of PC → case dismissed (may be reviewed by DOJ).
Posting of Bail – respondents surrender or are arrested; RTC approves bail.
Arraignment & Plea – within 30 days of court receipt of records.
Pre-trial – stipulations, marking of exhibits, plea-bargain offers (rare; concubinage is mala in se).
Trial – prosecution presents wife and corroborating witnesses; defense rebuts.
Decision – conviction requires proof beyond reasonable doubt that all three elements are present.
Appeal – to Court of Appeals, then potentially Supreme Court.
Execution of Judgment – service of sentence or destierro; civil indemnity enforced through writs if awarded.

Typical Timelines: 18 months–5 years from filing to decision, depending on court congestion and availability of witnesses.

6. Key Evidentiary Issues

“Scandalous circumstances” – public knowledge or notoriety (e.g., hotel registers, social-media flaunting).
“Conjugal dwelling” – broadly construed; even rented apartment if spouses regularly stay there.
Birth of an illegitimate child – strong circumstantial proof of sexual intercourse but does not dispense with proving one of the three statutory modes.
Prior forgiveness or condonation – a complete defense when clearly proven; partial forgiveness (e.g., conditional reconciliation) is litigated factually.
Admissibility of electronic evidence – governed by Rules on Electronic Evidence; Viber chats or Facebook posts require proper authentication.

7. Costs Breakdown (2025 Estimates, Philippine Pesos)

Item	Typical Range	Notes
Complaint drafting & filing	0 – 10 000	Some lawyers charge none if retained for trial.
Attorney’s acceptance fee	50 000 – 150 000	Metro Manila rates; lower in provinces.
Appearance fee per hearing	3 000 – 10 000	Multiply by 10–20 settings.
Bail (husband)	12 000 – 20 000	May be higher if aggravating factors.
Bail (concubine)	12 000 – 20 000	Usually identical schedule.
Investigators / surveillance	15 000 – 100 000	Depends on length and complexity.
Documentary procurement	2 000 – 10 000	NSO/PSA certificates, notarial, affidavits.
Opportunity costs	Indeterminate	Work absences, travel, emotional toll.

Tip: Criminal prosecution itself has no docket fees; costs arise mainly from legal representation and evidence-gathering.

8. Comparison with Adultery & Other Remedies

Aspect	Concubinage	Adultery	VAWC (RA 9262)	Civil Actions
Who can file	Wife only	Husband only	Wife, former partner, dating partner	Either spouse
Liable third party	Mistress	Paramour	Not required	Not applicable
Penalty	Prisión correccional	Prisión correccional (all periods)	Variable; up to prisión mayor	Damages/support
Ground for nullity/legal separation	Yes – basis for legal separation; proof supports RA 8533 cases	Same	May coexist	Annulment, LS, damages
Prescription	10 yrs	10 yrs	20 yrs	4 yrs (torts)

Strategic Note: Many wives now choose VAWC to cover psychological violence stemming from infidelity; the evidentiary burden is different and penalties are heavier.

9. Defenses & Mitigating Factors

Failure to include the concubine – fatal to complaint.
Acts do not fall under the three modes – occasional trysts outside conjugal home, if discreet, may not be “scandalous.”
Prior forgiveness – must be express and unconditional.
Void marriage – if the complaining “wife” was never legally married, no concubinage exists, but bigamy or VAWC may lie.
Alibi & lack of venue jurisdiction.
Affidavit of desistance – does not automatically dismiss once information has been filed; at the RTC stage, prosecution may proceed in the name of the People.

10. Timeline & Statutory Deadlines

Stage	Statutory / Best-practice Limit
Complaint filing	Anytime within 10 yrs
Counter-affidavit	10 days (Rule 112 §3)
Prosecutor resolution	60–90 days (DOJ Circular 70-2000)
Arraignment	30 days from court receipt (Rule 116 §1)
Trial	Continuous; testimony day-to-day (Rule 119 §2)
Decision	Within 90 days from submission (Const. Art VIII §15)

Delays may be charged to prosecution; repeated resets can ground demurrer to evidence or motion to dismiss for violation of right to speedy trial (Rule 119 §1-b; Cagang v. Sandiganbayan, G.R. 206438, July 31 2018).

11. Civil Liability & Support

Conviction may include moral and exemplary damages (Art. 100 RPC).
Separate family-court petition for support may demand financial maintenance for legitimate children.
Conjugal property issues are tried in a distinct civil action or within legal-separation proceedings.

12. Practical Tips for Complainants

Secure evidence quietly first – once the husband is alerted, he may relocate the mistress.
Insist on including the mistress in the complaint – omission is a fatal defect.
Consider psychological-violence charges under RA 9262 if emotional abuse is severe; it avoids the “three-mode” limitation.
Weigh civil options – some wives prefer legal separation plus forfeiture of share in conjugal assets (Art. 63 NCC).
Prepare for mediation offers – prosecutors often explore settlement; decide non-negotiables early.
Manage expectations – conviction rates for concubinage remain low (<25 data-preserve-html-node="true" % according to DOJ 2023 case-disposal statistics) due to evidentiary hurdles.

13. For Respondents (Husband/Mistress)

Immediately consult counsel upon receipt of subpoena; failure to file counter-affidavit bars certain defenses.
Gather exculpatory evidence (travel records, separate residences, messages showing platonic relationship).
Evaluate plea bargaining – rarely entertained, but destierro may be negotiated in exchange for restitution.
Observe barangay restrictions if wife avails of RA 9262 protection orders.

14. Recent Jurisprudential Trends (2018-2024)

Heightened appreciation of digital footprints – courts admit authenticated screenshots where metadata is intact.
Overlap with economic, emotional abuse under RA 9262 – SC recognizes that concubinage can be predicate act for VAWC damages.
Evolving concept of “conjugal dwelling” – mobile lifestyles mean even temporary Airbnbs shared by spouses count.
Gender-justice debates – bills filed in Congress to equalize adultery & concubinage standards (HB 78, SB 1453, 19th Congress) remain pending as of May 2025.

15. Conclusion

Concubinage is one of the few remaining gender-specific crimes in Philippine penal law. Prosecuting it requires the personal initiative of the offended wife, strict compliance with procedural requisites, and solid evidence that fits any of the three statutory modes. Although filing itself costs little, the true expense lies in lawyer’s fees, investigation, and the significant emotional, social, and financial toll of protracted criminal litigation. Victims should therefore assess the full spectrum of legal remedies—criminal, civil, and family-law—before proceeding.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and jurisprudence may change; consult a qualified Philippine lawyer for advice on specific cases.