Concubinage Complaint Guide (Philippine Context)
Everything an aggrieved wife, her lawyer, or a concerned advocate needs to understand before taking action
(Updated to reflect statutes and jurisprudence up to 20 April 2025)

1. Statutory Basis

Provision	Key Points
Article 334, Revised Penal Code (RPC)	Defines concubinage and prescribes its elements.
Article 344, RPC	Limits who may file (the offended wife) and requires the inclusion of both the husband and the paramour in the complaint.
Article 90, RPC	Concubinage, being punishable by prisión correccional (6 months + 1 day to 6 years), prescribes in 10 years from the date of the last overt act.
B.P. 129 as amended by RA 11576 (2021)	Gives original jurisdiction to the Municipal/Metropolitan Trial Court (MTC/MeTC) because the maximum penalty does not exceed 6 years.
Rule 110, Rules of Criminal Procedure	Governs filing, prosecution, and venue.

2. Definition & Elements

To convict, the prosecution must establish all of these beyond reasonable doubt:

The man is legally married (marriage subsisting and valid).
Any one of the following acts:
- Cohabits with a mistress in the conjugal dwelling; or
- Has sexual intercourse under scandalous circumstances with a woman not his wife; or
- Cohabits elsewhere with his paramour in any other place.
The offended party is the legal wife.

Note: The mistress or “concubine” need not know of the marriage to be criminally liable (she incurs destierro).

3. Concubinage vs. Adultery

Topic	Concubinage	Adultery	Practical Impact
Offender	Husband	Wife	Highlights outdated gender asymmetry. Reform bills (e.g., House Bill 78, 2023) seek to equalize or decriminalize both.
Threshold conduct	Higher: limited to three acts above.	Any sexual intercourse by the married woman with a man not her husband.	Harder to prove concubinage.
Penalty	Prisión correccional (husband); destierro (concubine).	Prisión correccional for both.	Lighter on the third party in concubinage.

4. Who May File and When

Requirement	Explanation
Proper complainant	Only the offended wife, per Art. 344. A parent, grandparent, or guardian may file if she is incapacitated.
Indispensable parties	Both husband and concubine must be charged together if husband is alive; omission is fatal.
Non‑waiver/condonation	If the wife expressly condones the infidelity after its discovery (e.g., resumes cohabitation), she loses the right to prosecute (Uy v. CA, G.R. 119000, 9 Mar 1998).
Prescriptive period	10 years from last act (Art. 90).

5. Evidence Checklist

Category	Illustrative Items	Best Practices
Direct	Testimony of eyewitnesses; admission by either accused.	Record conversations lawfully—no secret wire‑tapping.
Documentary	Bills, lease contracts of a love‑nest, hotel receipts, children’s birth certificates showing his paternity.	Secure certified copies; preserve metadata of digital files.
Electronic	Messages, geotagged photos, social‑media posts.	Authenticate under Rule 11, Rules on Electronic Evidence.
Circumstantial	Utilities in both names, continuous presence together.	String acts to prove “cohabitation” or “scandalous circumstance.”

Tip: “Scandalous” is measured by community standards—not necessarily the entire nation—but photographs of public displays of affection or reports from neighbors are common.

6. Step‑by‑Step Filing Procedure

Engage counsel to draft a sworn Complaint‑Affidavit detailing facts and attaching evidence.
File with the Office of the City/Provincial Prosecutor where the offense occurred (usually where the conjugal or love‑nest dwelling stands). Barangay conciliation is not required (penalty > 1 year).
Preliminary Investigation
- Submission of counter‑affidavits.
- Clarificatory hearings if needed.
- Resolution: dismissal or filing of Information.
Filing of Information in the proper MTC/MeTC (venue = locality of offense).
Arraignment & plea; bail is a matter of right (bailable offense).
Pre‑trial, trial, and judgment.
Penalties upon conviction
- Husband: 6 months + 1 day to 6 years, plus accessory penalties and possible moral damages.
- Concubine: destierro—banishment 25 km away from victim’s residence for the same period.

7. Civil & Family‑Law Interplay

Remedy	Statutory Basis	Remarks
Legal Separation	Art. 55(8), Family Code	Concubinage is a ground; filed independently in the Family Court.
Support & Custody	Arts. 194‑208, Family Code	Criminal suit does not suspend husband’s obligation to support legitimate children.
Property Regime	Art. 63(2), Family Code	Pronouncement of legal separation forfeits husband’s share in conjugal/community property in favor of innocent spouse/children.
VAWC (RA 9262)	Psychological violence from infidelity is a separate offense; may even be easier to prove and carries heavier penalties.

8. Defenses Commonly Raised

Invalid Marriage – e.g., bigamous or void ab initio marriage; but must be declared void in a final judgment first.
Elements Not Proven – no conjugal dwelling, acts not scandalous, or mere isolated tryst.
Prescription – offense filed beyond 10 years.
Condonation (Implied or Express) – wife forgave and cohabited anew.
Violation of Privacy / Illegally Obtained Evidence – unlawfully intercepted chat messages are excluded.

9. Notable Cases You Should Read

Case	G.R. No.	Date	Takeaway
People v. Zapata	L‑12639	26 Oct 1959	Proof of separate residence enough for “cohabits elsewhere.”
Dizon‑Pamintuan v. People	111872	11 Apr 1994	Wife’s filing indispensable; cannot be cured later.
Uy v. Court of Appeals	119000	9 Mar 1998	Condonation bars prosecution.
People v. Laca	178592	10 Aug 2009	Destierro imposable even if husband acquitted (separate culpability).
AAA v. BBB	212497	16 Jan 2013	Electronic communications admissible when properly authenticated.

10. Frequently Asked Questions

Question	Short Answer
Can I charge only the mistress?	No. Art. 344 requires including the husband.
What if I eventually want to reconcile?	You may withdraw before information is filed; after arraignment, dismissal needs court approval and may require civil indemnity.
Is bail automatic?	Yes; standard schedules apply.
Will a conviction annul our marriage?	No. It is only a ground for legal separation.
Can the husband leave the country?	Court may issue a Hold‑Departure Order upon request.

11. Practical Checklist for the Offended Wife

Diary of Incidents – dates, places, witnesses.
Secure Evidence Early – screenshots, utility bills, CCTV clips.
Consult a Lawyer – procedural missteps (wrong venue, missing party) doom cases.
Consider Parallel Remedies – legal separation, protection order under RA 9262.
Preserve Mental Health – counseling, support groups, and children’s welfare.

12. Reform Outlook (2025)

Equality Bills aim either to decriminalize both adultery and concubinage or to make them gender‑neutral.
House Bill 78 (2023) and Senate Bill 2027 (2024) are pending; none have repealed Art. 334 as of this writing.
Trend: More spouses choose RA 9262 complaints because penalties (up to 12 years) are heavier and psychological violence is broader.

13. Conclusion

Concubinage remains a viable—though procedurally strict—criminal remedy for a wronged wife. Success hinges on complete parties, timely filing, and strong, lawfully gathered evidence. Because filing triggers both criminal and family‑law consequences, strategic advice from a qualified attorney is indispensable.

This article is for informational purposes only and does not create an attorney‑client relationship. For legal advice tailored to your circumstances, consult a Philippine lawyer.