Introduction

In the Philippines, concubinage is a criminal offense that addresses marital infidelity specifically committed by a husband against his wife. It is rooted in the country's legal framework, which emphasizes the sanctity of marriage and family under the Family Code and the Revised Penal Code (RPC). Unlike adultery, which applies to erring wives, concubinage has stricter evidentiary requirements and is considered a private crime, meaning it can only be initiated by the offended spouse. This article provides a comprehensive guide on understanding concubinage, its legal elements, the filing process, evidentiary considerations, penalties, and related legal nuances, all within the Philippine context. Note that while this serves as an informative resource, consulting a licensed attorney is essential for personalized legal advice, as laws and jurisprudence may evolve through Supreme Court decisions.

Legal Basis and Definition

Concubinage is defined under Article 334 of the Revised Penal Code (Act No. 3815, as amended). The provision states:

"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 suffer the penalty of destierro."

This crime is distinct from adultery (Article 333 of the RPC), which penalizes a married woman for having sexual intercourse with a man not her husband. Concubinage requires proof of ongoing cohabitation or scandalous conduct, making it more challenging to prosecute compared to adultery, where a single act of infidelity suffices.

The rationale behind this law stems from Spanish colonial influences and the Catholic-dominated cultural emphasis on family integrity. However, critics argue it reflects gender inequality, as the elements for concubinage are more stringent than those for adultery. Efforts to reform these laws, such as proposals under the proposed Divorce Act or amendments to the RPC, have been discussed in Congress but have not yet resulted in changes as of the current legal landscape.

Related laws include:

Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004): While primarily addressing physical, sexual, psychological, and economic abuse, infidelity can form the basis for psychological violence claims under this act, potentially overlapping with concubinage. A wife may pursue both remedies if applicable.
Family Code (Executive Order No. 209): Articles 55 and 101 allow infidelity as grounds for legal separation or annulment, but these are civil remedies separate from criminal concubinage.
Civil Code provisions on damages: The offended spouse may seek moral and exemplary damages in a civil suit alongside the criminal case.

Elements of Concubinage

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

The offender is a married man (husband): The accused must be legally married at the time of the offense. Proof of marriage, such as a marriage certificate from the Philippine Statistics Authority (PSA), is required.
He commits any of the following acts:
- Keeping a mistress in the conjugal dwelling: The mistress resides in the family home, even temporarily.
- Having sexual intercourse under scandalous circumstances: The act must be public or notorious, causing public outrage or disgrace to the family (e.g., in a hotel known to the community).
- Cohabiting with her in any other place: Living together as husband and wife elsewhere, implying a continuous and habitual relationship, not isolated incidents.
The woman (concubine) knows he is married: The mistress must be aware of the man's marital status; ignorance can be a defense for her.

These elements must be supported by competent evidence. Mere suspicion or hearsay is insufficient. Jurisprudence, such as in People v. Pitoc (G.R. No. 185508, 2011), emphasizes that cohabitation implies a "more or less permanent union" akin to marriage.

Who Can File and Prescription Period

Concubinage is classified as a private crime under Article 344 of the RPC. Key points:

Only the offended wife can file the complaint: Husbands cannot file against wives for concubinage (that's adultery). If the wife is incapacitated, her parents, grandparents, or guardians may file with her consent.
Pardon or consent extinguishes the case: If the wife pardons the husband (expressly or impliedly, e.g., by continuing cohabitation after knowledge), the crime is extinguished. This must occur before the case is filed in court.
Prescription period: The crime prescribes in 10 years from discovery (Article 90, RPC). Discovery means actual knowledge by the wife, not mere suspicion.

Step-by-Step Procedure to File a Concubinage Case

Filing a concubinage case involves both administrative and judicial steps. It begins at the prosecutor's office, as it requires a preliminary investigation. Below is a detailed guide:

Step 1: Gather Evidence

Before filing, compile strong evidence to establish the elements. Common types include:

Documentary evidence: Hotel receipts, lease agreements for shared residences, text messages/emails admitting the affair, bank statements showing financial support to the mistress.
Testimonial evidence: Affidavits from witnesses (e.g., neighbors, friends) who can attest to cohabitation or scandalous acts.
Physical evidence: Photographs, videos, or GPS records showing the husband and mistress together in compromising situations.
Expert evidence: If needed, hire a private investigator or use digital forensics for electronic evidence.

Evidence must be obtained legally; illegal wiretapping (violating RA 4200) or privacy invasions could lead to countercharges under RA 10175 (Cybercrime Prevention Act) or RA 10173 (Data Privacy Act).

Step 2: Prepare the Complaint-Affidavit

Draft a sworn complaint-affidavit detailing the facts, elements, and evidence. Include personal details of the complainant (wife), accused (husband and concubine), and witnesses.
Attach supporting documents and affidavits.
This document is crucial, as it forms the basis for the preliminary investigation.

Step 3: File with the Office of the Prosecutor

Submit the complaint to the City or Provincial Prosecutor's Office in the jurisdiction where the crime was committed (e.g., where cohabitation occurred).
Pay filing fees (minimal, around PHP 100-500, depending on the office).
The prosecutor will conduct a preliminary investigation: Notify the respondents, allow counter-affidavits, and determine probable cause.
Timeline: Preliminary investigation typically takes 60-90 days.

Step 4: Resolution and Filing in Court

If probable cause is found, the prosecutor files an Information (formal charge) with the Regional Trial Court (RTC), as concubinage is under RTC jurisdiction (penalty exceeds 6 years).
If no probable cause, the case is dismissed, but the wife can appeal to the Department of Justice (DOJ) or file a petition for review.
Upon filing in court, an arrest warrant may be issued if warranted.

Step 5: Arraignment and Pre-Trial

The accused enters a plea (guilty/not guilty).
Pre-trial conference addresses stipulations, evidence marking, and possible plea bargaining (under RA 11235, but limited for private crimes).

Step 6: Trial

Prosecution presents evidence first, followed by the defense.
Cross-examination and rebuttal.
The burden is on the prosecution to prove guilt beyond reasonable doubt.

Step 7: Judgment and Appeal

If convicted, sentencing follows.
Appeals can go to the Court of Appeals, then Supreme Court.
If acquitted, double jeopardy applies.

Penalties and Consequences

Husband: Prision correccional minimum to medium (6 months and 1 day to 4 years and 2 months). Accessory penalties like civil interdiction may apply.
Concubine: Destierro (banishment from a certain place for 6 months and 1 day to 6 years).
Civil liabilities: Restitution, damages (moral, exemplary), and support obligations under the Family Code remain.
Collateral effects: Conviction can affect child custody, property division in legal separation cases, and professional licenses (e.g., for lawyers or public officials).

Defenses and Mitigating Factors

Common defenses:

Lack of elements: No cohabitation, no scandal, or the woman was unaware of marriage.
Pardon by the wife: Proven by affidavits or actions showing forgiveness.
Prescription: If filed beyond 10 years from discovery.
Insufficiency of evidence: Challenges to admissibility (e.g., under the Best Evidence Rule).

Mitigating circumstances (e.g., voluntary surrender) may reduce penalties under Article 64 of the RPC.

Special Considerations

Jurisdiction issues: If acts occur abroad, Philippine courts may still have jurisdiction if the husband is Filipino (Article 2, RPC).
Overlapping remedies: Pursue concubinage alongside civil actions for support or annulment, but coordinate to avoid conflicting rulings.
Gender perspectives: Women's rights groups advocate for equalizing adultery and concubinage laws, citing discrimination.
Amnesty or repeal discussions: No current amnesty, but monitor legislative updates.
COVID-19 and procedural adaptations: Electronic filing via e-courts (per Supreme Court circulars) may apply in some jurisdictions.

Conclusion

Filing a concubinage case is a serious step that requires emotional resilience, legal preparation, and ethical consideration of family impacts. It upholds marital fidelity but can strain relationships irreparably. Victims are encouraged to seek support from organizations like the Philippine Commission on Women or legal aid from the Integrated Bar of the Philippines. Always engage a lawyer early to navigate complexities and ensure compliance with procedural rules. This process, while empowering, underscores the need for ongoing legal reforms to address modern family dynamics.