Concubinage Laws and Penalties in the Philippines

Introduction

Concubinage is a criminal offense under Philippine law governed exclusively by Article 334 of the Revised Penal Code (RPC) of 1932, as amended. It is the male counterpart of adultery (Article 333, RPC), which applies only to married women. The law reflects the archaic gender distinction of the old Spanish-influenced Penal Code: a married woman commits adultery by a single act of sexual intercourse with a man not her husband, while a married man commits concubinage only through specific aggravating modes that imply a continuing or notorious relationship.

Despite repeated calls for repeal or gender equalization from the Philippine Commission on Women, the Committee on the Elimination of Discrimination Against Women (CEDAW), and various senators and representatives over the past three decades, concubinage remains a criminal offense as of December 2025. No amendment or repeal has been enacted.

Legal Provision: Article 334, Revised Penal Code

“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, if she knew him to be married, suffer the penalty of destierro.”

Elements of the Crime of Concubinage

For the married man (the offender):

1. He is legally married.
2. He committed any of the following acts: a. Kept a mistress in the conjugal dwelling; or b. Had sexual intercourse with a woman not his wife under scandalous circumstances; or c. Cohabited with a woman not his wife in any other place.
3. The act was done with lewd design or lascivious intent (jurisprudential requirement).

For the concubine/paramour (when penalized):

1. She had sexual relations or cohabited with the married man.
2. She had actual knowledge that the man was legally married at the time of the relationship.

Modes of Commission Explained

1. Keeping a mistress in the conjugal dwelling
   The mistress must actually live or be maintained in the legitimate family home. Occasional sexual encounters inside the house are insufficient (People v. Santos, G.R. No. L-12996, 23 March 1960). The wife and children need not be physically present at all times; it is enough that it is the legal family residence.

2. Sexual intercourse under scandalous circumstances
   “Scandalous circumstances” exists when the affair is notorious, open, or publicly offensive to decency and good customs. Examples upheld by the Supreme Court:

   • Frequent sexual intercourse in a motel known to relatives and friends
   • Public displays of affection that humiliate the wife
   • Bringing the mistress to social functions normally reserved for the legitimate spouse
   • Maintaining the mistress in a separate house but visiting daily in an ostentatious manner

   Mere discreet extramarital affairs, even if repeated, do not constitute scandalous circumstances if kept private (People v. Zapata & Bondoc, G.R. No. L-25486, 30 July 1971).

3. Cohabitation in any other place
   Living together as husband and wife outside the conjugal dwelling, even without daily sexual intercourse. Proof of regular overnight stays, shared expenses, joint bank accounts, or introducing the woman as wife to third persons is sufficient.

Penalties

For the guilty husband
Prision correccional in its minimum and medium periods:

• Minimum: 6 months and 1 day to 2 years and 4 months
• Medium: 2 years, 4 months and 1 day to 4 years and 2 months

The court has discretion within these periods. Indeterminate Sentence Law applies: the minimum term is taken from arresto mayor (1 month to 6 months), and the maximum from the range above.

For the concubine (if she knew he was married)
Destierro: prohibition from entering a designated radius (usually 25–250 kilometers) from the residence of the legal wife, for the duration of 6 months and 1 day to 6 years.

The concubine is not imprisoned; destierro is a territorial banishment penalty intended to prevent further contact.

Who May File the Complaint

Concubinage is a private crime. Only the offended spouse (the legal wife) may file the criminal complaint. Neither relatives, children, nor the State (through the fiscal) may initiate prosecution on her behalf (Article 344, RPC).

If the wife dies, condones, or pardons the husband before filing, the right to prosecute is extinguished forever.

Pardon and Condonation

Express pardon (written or oral declaration) or implied condonation (continued cohabitation with knowledge of the affair) extinguishes criminal liability for both husband and concubine.

Subsequent separation or filing of legal separation does not revive the extinguished criminal action.

Prescription Period

Concubinage prescribes in 10 years from the day the crime was committed or discovered (Article 90, RPC), whichever is later. Discovery by the wife starts the running of the prescriptive period.

Civil Aspects and Consequences

1. Legal Separation
   Concubinage is a ground for legal separation under Article 55(1) of the Family Code. The wife may file for legal separation even if she chooses not to file criminal charges.

2. Disqualification from Inheritance
   Under Article 739 and Article 1028 of the Civil Code, a spouse convicted of adultery or concubinage is disqualified from inheriting from the innocent spouse (intestate succession).

3. Loss of Parental Authority/Custody
   Courts routinely award sole custody to the innocent mother in concubinage cases, especially when the husband openly lives with the mistress.

4. Support
   The guilty husband remains legally obligated to support the legitimate children but may lose authority over their property administration.

Important Supreme Court Rulings on Concubinage

• People v. Zapata & Bondoc (1971) – Discreet extramarital affairs, even if repeated over years, do not constitute “scandalous circumstances” if no public scandal was created.
• People v. Santos (1960) – Occasional sexual intercourse in the conjugal dwelling does not amount to “keeping a mistress” therein.
• Pilapil v. Ibay-Somera (1989) – A foreign divorce obtained by the husband does not automatically dissolve the Philippine marriage for purposes of filing adultery/concubinage against the wife.
• Ligtas v. CA (1983) – Cohabitation means more than mere sexual intercourse; it implies continuity of marital relations.
• People v. Schneckenburger (1940) – Knowledge of the married status by the paramour is essential for her conviction.

Concubinage vs. Related Offenses

• Vs. Adultery – Adultery requires only one act of sexual intercourse by the wife; concubinage requires one of the three specific modes.
• Vs. RA 9262 (Anti-VAWC Act) – Psychological violence through infidelity is separately punishable (imprisonment up to 12 years). The wife can file VAWC even if she does not want criminal prosecution for concubinage.
• Vs. RA 9995 (Anti-Photo and Video Voyeurism Act) or RA 10175 (Cybercrime) – Sharing intimate photos of the mistress can constitute separate offenses.
• Vs. Bigamy – If the husband contracts a subsequent marriage, he commits bigamy (Article 349, RPC), a more serious public crime.

Current Status and Legislative Attempts

As of December 2025, Article 334 remains in full force and effect. Bills seeking to repeal both adultery and concubinage (e.g., House Bill Nos. 1221, 3831, 7423 in previous Congresses, and Senate Bill No. 1254 filed by Senator Risa Hontiveros in 2022) have repeatedly failed to pass. The latest significant attempt was in the 19th Congress (2022–2025), where the House Committee on Women and Gender Equality approved a consolidated bill in 2024 to decriminalize both offenses, but it did not reach plenary and died with the sine die adjournment in June 2025.

The Supreme Court has consistently refused to declare the gender distinction unconstitutional, holding that adultery and concubinage are separate offenses with different elements and that the classification has rational basis.

Conclusion

Concubinage remains one of the last explicitly gender-discriminatory crimes in the Philippine statute books. While rarely prosecuted in recent years (fewer than 100 cases annually reach the courts, mostly in provincial areas), it continues to serve as a legal weapon for aggrieved wives seeking leverage in custody, support, or property disputes. The combination of criminal complaint, VAWC case, and legal separation action gives the offended wife multiple legal remedies against marital infidelity.

Until Congress finally repeals or equalizes the provisions, Article 334 of the Revised Penal Code stands as the definitive law on concubinage in the Philippines.