In the Philippines, the presence of foreign nationals is a matter of privilege, not a right. The State possesses the inherent power to deport aliens who violate the conditions of their stay or engage in acts deemed inimical to the public interest, morals, or safety. One specific, yet often overlooked, intersection of immigration law and criminal law involves the commission of "crimes against chastity," specifically Concubinage.
I. The Legal Framework of Deportation
The primary authority governing the stay and expulsion of foreigners is Commonwealth Act No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended.
Section 37 of the Act enumerates the grounds for deportation. While many grounds are administrative (such as overstaying or entry by false pretenses), Section 37(a)(3) is particularly relevant to criminal conduct:
"Any alien who is convicted and sentenced for a violation of the law involving moral turpitude..."
Furthermore, the Bureau of Immigration (BI) maintains broad discretionary powers under the principle that the Philippines may expel any alien whose presence is deemed "undesirable."
II. Understanding Concubinage under Philippine Law
Unlike many jurisdictions where adultery or "living in" are purely civil matters or no longer criminalized, the Philippines maintains strict penal provisions under the Revised Penal Code (RPC).
Article 334: Concubinage
Concubinage is committed by a married man who shall:
- Keep a mistress in the conjugal dwelling;
- Have sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or
- Cohabit with her in any other place.
The Penalty: The guilty husband faces prision correccional in its minimum and medium periods, while the concubine is typically sentenced to destierro (banishment from a specific radius).
III. Concubinage as a Ground for Deportation
A foreign national residing in the Philippines who engages in concubinage risks deportation through two primary legal avenues:
1. Conviction for a Crime Involving Moral Turpitude
The Supreme Court of the Philippines has consistently defined "moral turpitude" as an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen or to society.
- The Link: Crimes against chastity, including concubinage and adultery, are generally classified as crimes involving moral turpitude.
- The Consequence: Once a foreign national is convicted by final judgment of Concubinage, he becomes eligible for summary deportation under Section 37 of the Immigration Act.
2. The "Undesirability" Clause
The Board of Commissioners of the Bureau of Immigration has the power to deport an alien if there is a finding that the alien is "undesirable."
- The Standard: Even without a final criminal conviction, if a foreign national's conduct—such as flagrantly maintaining a second family or violating the peace and sanctity of a Filipino home—is proven through substantial evidence in an administrative hearing, he may be deemed an undesirable alien.
- Public Morals: Foreigners are expected to respect the laws and local customs of the Philippines. Engaging in open concubinage is viewed as an affront to the "sanctity of marriage," a concept protected by the Philippine Constitution.
IV. The Deportation Process
The process typically follows these stages:
- Complaint: Often initiated by the legal spouse or an aggrieved party through a verified complaint filed with the Bureau of Immigration.
- Mission Order: The Commissioner may issue a Mission Order to investigate or arrest the foreign national if there is probable cause.
- Charge Sheet: Formal charges are filed by the Special Prosecutor of the BI.
- Hearing: The Board of Commissioners conducts a hearing to determine if the grounds for deportation exist.
- Deportation Order: If found liable, a Summary Deportation Order is issued. The foreigner is then placed on the Blacklist, perpetually barring their re-entry into the Philippines.
V. Summary of Key Legal Principles
| Element | Description |
|---|---|
| Primary Statute | Commonwealth Act No. 613 (Philippine Immigration Act). |
| Criminal Basis | Article 334 of the Revised Penal Code (Concubinage). |
| Moral Turpitude | Concubinage is considered an act against public morals, triggering deportation. |
| Administrative Power | The BI can deport based on "undesirability" even during a pending criminal case. |
| Consequence | Physical expulsion from the country and inclusion in the permanent Blacklist. |
Conclusion
Foreign nationals in the Philippines are subject to the dual oversight of the judiciary and the Bureau of Immigration. While a criminal case for concubinage proceeds through the courts, the administrative machinery for deportation often moves in parallel. For the foreign resident, the legal consequence of marital infidelity transcends mere domestic strife, potentially resulting in the permanent loss of the privilege to reside within Philippine territory.