Introduction

In the Philippines, concubinage is a criminal offense that addresses marital infidelity specifically committed by a husband, as defined under the Revised Penal Code. When spouses have been separated for an extended period—whether factually (de facto) or through legal separation—the filing of a concubinage complaint introduces unique legal considerations. Long separation does not automatically nullify the marriage bond, which remains intact unless annulled or declared void. Thus, the offended wife may still pursue a complaint, but factors such as the duration of separation, evidence gathering, prescription periods, and potential defenses complicate the process.

This article provides a comprehensive overview of concubinage complaints in the context of long separation within the Philippine legal system. It covers the legal basis, elements of the crime, procedural requirements, impacts of separation, defenses, penalties, and related jurisprudence. While concubinage laws aim to protect the sanctity of marriage, evolving societal norms and gender equality concerns have sparked debates, though the provisions remain unchanged absent legislative reform.

Legal Framework

The primary law governing concubinage is Article 334 of the Revised Penal Code (Act No. 3815, as amended), which criminalizes a husband's extramarital relations under specific circumstances. This is part of Title Eleven on Crimes Against Chastity, alongside adultery (Article 333), which applies to wives and carries harsher penalties, reflecting historical gender biases.

Relevant supporting laws include:

Family Code of the Philippines (Executive Order No. 209): Articles 55-57 allow legal separation on grounds like concubinage, but separation does not dissolve the marriage. Post-separation infidelity can still constitute concubinage if the marriage subsists.
Rules of Court: Govern criminal procedure, including complaint filing under Rule 110.
Anti-Violence Against Women and Their Children Act (Republic Act No. 9262): May intersect if concubinage involves psychological violence, allowing civil remedies like protection orders.
Civil Code (Republic Act No. 386): Articles 34-36 on marriage validity; long separation alone does not void a marriage.
Jurisprudence from the Supreme Court, such as in People v. Zapata (1951) and Ligtas v. People (2008), clarifies elements and defenses.

Concubinage is a private crime, prosecutable only upon complaint by the offended spouse, emphasizing its personal nature.

Elements of Concubinage

To establish concubinage, the prosecution must prove beyond reasonable doubt:

The offender is a married man: The husband must be legally married at the time of the act. Long separation does not alter marital status unless the marriage is annulled.
He commits any of the following acts:
- Keeping a mistress in the conjugal dwelling.
- Having sexual intercourse with a woman (not his wife) under scandalous circumstances.
- Cohabiting with her in any other place.
The woman knows he is married: The mistress's knowledge is essential; ignorance can be a defense for her, but not for the husband.

In cases of long separation, proving cohabitation or scandalous circumstances may be challenging if the spouses live apart, as the "conjugal dwelling" might be ambiguous. However, courts have interpreted "cohabitation" broadly as habitual living together, not requiring permanence.

Impact of Long Separation on the Complaint

Long separation—typically years without cohabitation or support—does not bar a concubinage complaint, as the marriage persists. Key considerations:

De Facto vs. Legal Separation: De facto separation (informal) offers no legal shield; the wife can file anytime within the prescription period. Legal separation (court-decreed under Family Code Article 55) suspends common life but maintains the bond, allowing complaints for post-separation acts. In Sermonia v. Court of Appeals (1994), the Supreme Court held that legal separation does not extinguish marital obligations regarding fidelity.
Prescription Period: Under Article 90 of the Revised Penal Code, concubinage prescribes in 15 years from discovery of the offense. Long separation may delay discovery (e.g., via social media or mutual acquaintances), extending the filing window. If separation predates the act, the clock starts upon the wife's knowledge.
Evidence Challenges: After years apart, gathering proof (witnesses, photos, messages) becomes harder. Courts require corroboration; mere suspicion suffices for filing but not conviction.
Psychological and Practical Aspects: Prolonged separation might indicate abandonment, potentially weakening the complaint's moral basis, though not legally. It could influence prosecutorial discretion or plea bargains.

If the separation stems from the husband's prior infidelity, it might support grounds for annulment (e.g., psychological incapacity under Family Code Article 36), but this is separate from the criminal complaint.

Process of Filing a Concubinage Complaint

The procedure is complainant-driven and follows criminal rules:

Who Can File: Only the offended wife (or her parents/grandparents/guardian if she's incapacitated). Pardon or consent by the wife extinguishes the case (Article 344, RPC). In long separation scenarios, the wife must affirm she hasn't condoned the act.
Where to File: Complaint-affidavit with the Office of the City or Provincial Prosecutor (fiscal) in the place where the crime occurred or was discovered.
Requirements:
- Sworn statement detailing the acts, with evidence (affidavits, documents).
- Marriage certificate to prove status.
- Identification of the mistress as co-accused.
Preliminary Investigation: The fiscal determines probable cause. If found, an information is filed in the Municipal or Regional Trial Court.
Trial: Arraignment, pre-trial, evidence presentation. Bail is available as concubinage is bailable.
Timeline: From filing to resolution can take 1-5 years, delayed by backlogs. Long separation might prolong discovery phases.

If the wife dies or becomes incapacitated post-filing, the case continues.

Defenses and Mitigating Factors

Common defenses in long separation cases:

Lack of Marriage: If annulled before the act, no crime (but rare post-separation).
No Cohabitation/Scandal: Arguing the relationship wasn't habitual or public. Separation might support claims of no shared dwelling.
Condonation or Pardon: Implied by continued cohabitation post-knowledge, but irrelevant in long separation.
Prescription: If over 15 years from discovery.
Mistress's Ignorance: Absolves her, but not the husband.
Mitigating Circumstances: Under RPC Article 11, factors like voluntary surrender reduce penalties.

In People v. Schneckenburger (1936), the Court acquitted due to insufficient scandalous evidence.

Penalties and Consequences

For the Husband: Prision correccional in its minimum and medium periods (6 months to 4 years and 2 months) and destierro (banishment).
For the Mistress: Destierro.
Civil Liabilities: Possible damages for moral injury; integration with support or property regimes under Family Code.
Collateral Effects: Grounds for legal separation, disinheritance (Civil Code Article 921), or custody battles. Professional repercussions for licensed individuals (e.g., lawyers via disbarment).

No imprisonment for inability to pay fines, per Constitution.

Related Remedies and Alternatives

Civil Actions: Annulment or legal separation petitions in Family Court, using concubinage as ground.
VAWC Claims: If harassment or economic abuse accompanies infidelity.
Bigamy: If the husband remarries without annulment, a separate crime (RPC Article 349).
Conciliation: Barangay mediation for amicable settlement, though not mandatory for crimes.

Challenges and Societal Context

Long separation cases highlight gender inequities—concubinage is harder to prove than adultery, leading to calls for reform (e.g., absolute divorce bills). Cultural tolerance of male infidelity persists, but #MeToo-inspired awareness boosts filings. Economic dependence during separation may deter wives.

Jurisprudence evolves: Recent cases emphasize gender-neutral interpretations, though statutory changes lag.

Conclusion

Filing a concubinage complaint after long separation in the Philippines remains viable as long as the marriage endures and elements are met, underscoring the enduring legal commitment to marital fidelity. While separation poses evidentiary and practical hurdles, the 15-year prescription allows delayed actions. Wives should gather robust evidence and consult lawyers to navigate complexities. Ultimately, such complaints serve not only retribution but also closure, aligning with Philippine laws' protection of family integrity. For specific cases, professional legal advice is crucial, as outcomes depend on facts and judicial discretion.