Filing Adultery or Concubinage in the Philippines: Elements, Evidence, and Deadlines

Introduction

In the Philippines, adultery and concubinage are criminal offenses that address marital infidelity, rooted in the country's cultural and legal emphasis on the sanctity of marriage. These crimes are defined under Articles 333 and 334 of the Revised Penal Code (Act No. 3815, as amended), which was enacted in 1930 and remains in force today. While both offenses involve extramarital sexual relations, they are gendered in their application: adultery applies primarily to married women and their paramours, while concubinage applies to married men and their mistresses. This distinction has been criticized for gender bias, but it persists in Philippine jurisprudence.

Filing a complaint for adultery or concubinage is a serious legal step that can lead to imprisonment and social stigma. Only the offended spouse (the husband in adultery cases or the wife in concubinage cases) has the standing to initiate the action, reflecting the personal nature of these crimes. This article provides a comprehensive overview of the elements required to establish these offenses, the types of evidence needed, the procedural deadlines, and related legal considerations, all within the Philippine legal framework.

Legal Basis and Definitions

Adultery and concubinage are classified as crimes against chastity under Title Eleven of the Revised Penal Code. They are distinct from civil actions for legal separation or annulment under the Family Code (Executive Order No. 209, as amended), though evidence from criminal proceedings may support family law cases.

Adultery (Article 333, RPC)

Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.

Concubinage (Article 334, RPC)

Concubinage is committed by 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.

These definitions highlight the asymmetry: adultery requires only a single act of sexual intercourse by a married woman, while concubinage demands more habitual or public conduct from a married man.

Elements of the Offenses

To successfully prosecute adultery or concubinage, the prosecution must prove each element beyond a reasonable doubt, as these are criminal cases requiring the highest standard of proof.

Elements of Adultery

1. Marriage of the Accused Woman: The woman must be legally married at the time of the act. Proof of marriage can include a marriage certificate or testimony. Even if the marriage is later annulled or declared void ab initio (from the beginning), the crime may still stand if the act occurred during the apparent validity of the marriage.

2. Sexual Intercourse: There must be actual carnal knowledge, meaning penetration, however slight. Mere opportunity or suspicion is insufficient; direct or strong circumstantial evidence is required.

3. Knowledge of the Paramour: The man involved must know that the woman is married. This can be inferred from circumstances, such as the woman wearing a wedding ring or living in a conjugal home.

Both the married woman and her paramour are principals in the crime and can be charged equally.

Elements of Concubinage

1. Marriage of the Accused Man: The man must be legally married. Similar to adultery, proof of marriage is essential.

2. Commission of Prohibited Acts: The husband must engage in one of three specific behaviors:

   • Keeping a Mistress in the Conjugal Dwelling: This involves maintaining a paramour in the family home, implying cohabitation or regular presence.
   • Sexual Intercourse Under Scandalous Circumstances: The act must be public or notorious, causing scandal in the community, such as in a public place or in a manner that offends public decency.
   • Cohabitation in Any Other Place: This means living together as husband and wife with a woman not his spouse, even if not in the conjugal home. Cohabitation implies a continuous and habitual relationship, not isolated acts.

The married man and his mistress are both liable, but the mistress must have knowledge of the man's marriage for her to be culpable.

In both offenses, the acts must be voluntary and without legal justification, such as duress.

Evidence Required

Gathering evidence for adultery or concubinage is challenging due to the private nature of the acts. Philippine courts rely on a combination of direct and circumstantial evidence, guided by the Rules of Court (as amended) and jurisprudence from the Supreme Court.

Types of Evidence

1. Direct Evidence:

   • Eyewitness Testimony: Witnesses who saw the act of sexual intercourse or cohabitation. This is rare but powerful.
   • Confessions or Admissions: Voluntary statements from the accused, such as in affidavits or during preliminary investigations. Under the Rights of the Accused (Article III, Section 12 of the 1987 Constitution), confessions must be made with counsel present to be admissible.
   • Physical Evidence: Items like hotel receipts, love letters, or DNA evidence from bedsheets or clothing, though DNA is more common in modern cases.

2. Circumstantial Evidence:

   • Opportunity and Inclination: Proof that the accused had the chance and desire to commit the act, such as frequent meetings, shared trips, or affectionate communications.
   • Digital Evidence: Text messages, emails, social media posts, or call logs showing intimacy. Under Republic Act No. 10175 (Cybercrime Prevention Act of 2012), electronic evidence must comply with the Rules on Electronic Evidence (A.M. No. 01-7-01-SC).
   • Surveillance Records: Photos, videos, or private investigator reports showing the couple together in compromising situations. However, evidence obtained through illegal means (e.g., wiretapping without court order under RA 4200) is inadmissible under the Fruit of the Poisonous Tree doctrine.
   • Birth of a Child: In some cases, the birth of a child to the paramour during the husband's marriage can raise presumptions, though rebuttable.

3. Corroborative Evidence:

   • Testimony from Relatives or Neighbors: To establish scandalous circumstances or cohabitation.
   • Medical Examinations: Rarely used, but possible for confirming sexual activity if timely.

The offended spouse often hires private investigators to gather evidence discreetly. All evidence must be authenticated during trial, and chain of custody is crucial for physical items.

Burden of Proof and Presumptions

The prosecution bears the burden, but once marriage and the act are proven, the accused may need to rebut presumptions (e.g., under Article 220 of the Family Code, children born during marriage are presumed legitimate). In People v. Santos (G.R. No. 225906, 2018), the Supreme Court emphasized that mere suspicion or jealousy is not enough; concrete proof is required.

Procedure for Filing

Who Can File

Only the offended spouse can file the complaint (Article 344, RPC). If the offended spouse is incapacitated, the parents, grandparents, or guardians may file on their behalf. Pardon by the offended spouse (express or implied, such as continued cohabitation) extinguishes the criminal action and any ongoing proceedings.

Where to File

• Preliminary Investigation: File a complaint-affidavit with the Office of the City or Provincial Prosecutor (under the Department of Justice). Include evidence and witness lists.
• Court Jurisdiction: If probable cause is found, the case is filed in the Regional Trial Court (RTC) of the place where the crime was committed.

Steps in Filing

1. Gather Evidence: Consult a lawyer to assess sufficiency.
2. Execute Complaint-Affidavit: Swear before a notary or prosecutor.
3. Submit to Prosecutor: For preliminary investigation.
4. Counter-Affidavit: Accused responds.
5. Resolution: Prosecutor decides whether to file an information in court.
6. Trial: If filed, arraignment, pre-trial, and full trial ensue.

Bail is available, as these are not capital offenses.

Penalties

• Adultery: Prisión correccional in its medium and maximum periods (2 years, 4 months, and 1 day to 6 years).
• Concubinage: Prisión correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months).

Accessories (e.g., those who aid the crime) face lighter penalties. Mitigating circumstances (e.g., voluntary surrender) can reduce sentences.

Deadlines and Prescription

Filing Deadlines

There is no strict deadline for filing, but delays can weaken evidence or imply pardon. The complaint must be filed before the prescription period expires.

Prescription Periods (Article 90, RPC)

• Adultery: As an afflictive penalty (prisión correccional medium/maximum can exceed 6 years in some cases, but generally treated as correctional), prescribes in 10 years.
• Concubinage: Prescribes in 10 years (correctional penalty).

Prescription starts from the discovery of the crime by the offended spouse, not the commission date (People v. Yoshiura, G.R. No. 124427, 2000). If the offender is absent from the Philippines, prescription is interrupted.

Other Time Limits

• Appeal Periods: 15 days from notice of judgment.
• Pardon: Must occur before the institution of the criminal action to bar filing.

Defenses and Extinguishment

Common defenses include lack of marriage, absence of sexual intercourse, no knowledge of marriage, or alibi. The action is extinguished by:

• Death of the offender or offended spouse.
• Pardon or consent.
• Prescription.
• Amnesty (rare).

Related Legal Considerations

• Gender Bias and Reform Efforts: Critics argue the laws violate equal protection under Article III, Section 1 of the Constitution. Bills to decriminalize or equalize penalties have been proposed but not passed.
• Impact on Family Law: Conviction can ground legal separation (Article 55, Family Code) or affect child custody.
• VAWC Overlap: If infidelity involves violence, Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) may apply instead or concurrently.
• International Aspects: If committed abroad, jurisdiction may apply if the offender is Filipino (Article 2, RPC).
• Civil Damages: The offended spouse can claim moral damages in a separate civil suit.

Conclusion

Filing for adultery or concubinage in the Philippines is a recourse for betrayed spouses, but it demands rigorous proof and carries emotional and social costs. Prospective filers should seek legal counsel to navigate the complexities, ensuring compliance with procedural rules and ethical considerations. While these laws uphold marital fidelity, ongoing debates highlight the need for modernization to address gender inequities and contemporary family dynamics.