How to File a Concubinage Case Against Your Husband in the Philippines
A comprehensive guide for wives seeking criminal redress under Article 334 of the Revised Penal Code (RPC)
Important: This article is for informational purposes only and does not create an attorney-client relationship. For advice on your specific situation, consult a licensed Philippine lawyer.
1. What Is “Concubinage”?
Under Article 334, RPC (as amended), a married man commits concubinage when he cohabits with a woman not his wife under any of these circumstances:
- Keeping a mistress in the conjugal dwelling;
- Cohabiting with his mistress in any other place; or
- Having sexual intercourse with her under scandalous circumstances.
The wife’s extramarital affair is a separate offense called adultery (Article 333). Concubinage is generally harder to prove because the acts are narrower.
2. Elements You Must Allege and Prove
| Element | What it Means | Typical Proof |
|---|---|---|
| 1. Valid marriage between the accused husband and the complainant wife | PSA-issued marriage certificate | NSO/PSA copy, testimony |
| 2. Cohabitation or sexual relations fitting any of the 3 modes above | Photos, hotel receipts, messages, private investigators, barangay blotter | Testimony of neighbors, CCTV, bank records |
| 3. Identity of the mistress (she is automatically a co-accused) | Full name and address of the woman | Social-media captures, affidavits |
If any one mode is convincingly established, the crime is complete; you do not have to prove all three.
3. Who Can File and Within What Time?
| Requirement | Rule |
|---|---|
| Only the offended wife may start the case. (Art. 344, RPC) | The public prosecutor cannot act without her sworn complaint. |
| Indispensable joinder | The mistress must be included as a respondent; otherwise the case is dismissible. |
| Pre-filing pardon bars prosecution | If the wife condones the affair before filing, the action is forever barred. A post-filing pardon, however, may be considered in sentencing. |
| Prescription | Offenses punishable by prisión correccional (6 months + 1 day – 6 years) prescribe in 10 years from the date of discovery (Art. 90–91, RPC; People v. Parnaso, G.R. L-34804, 1978). File within that window. |
4. Where to File (Venue & Jurisdiction)
| Step | Office/Court | Rationale |
|---|---|---|
| Affidavit-Complaint | Office of the City/Provincial Prosecutor (OCP/OPP) in the place where any element occurred (often where the spouses reside or the illicit cohabitation happens). | Prosecutor conducts preliminary investigation. |
| Trial Court | Because the maximum penalty is ≤ 6 years, the Municipal Trial Court / Municipal Trial Court in Cities / Metropolitan Trial Court has original jurisdiction (Sec. 32(2), B.P. 129 as amended by R.A. 7691). | Information is filed here if probable cause is found. |
Family Courts (special RTC branches) handle civil cases like annulment, not this criminal action.
5. Step-by-Step Procedure
Gather Evidence Messages, bank/utility records, private investigator reports, photos, CCTV, eyewitness affidavits, barangay blotters.
Draft & Execute an Affidavit-Complaint
- State the facts chronologically.
- Attach documentary exhibits, label them (“Annex A”, etc.).
- Sign in front of an Assistant City Prosecutor or a notary public.
File with the OCP/OPP
- Pay the minimal filing fee (≈ ₱ 150–200).
- Secure a docket number.
Preliminary Investigation
- Subpoena issued to husband & mistress.
- Both file Counter-Affidavits.
- Clarificatory hearing (optional).
- Prosecutor issues a Resolution: dismiss or file Information.
Filing of Information & Arraignment
- If probable cause exists, the Information is filed in the MTC/MTCC.
- Accused are arraigned and plead.
Trial
- Presentation of prosecution evidence → Demurrer to Evidence?
- Defense evidence.
- Promulgation of judgment.
Execution & Remedies
- If convicted, husband may appeal to the RTC then CA/SC.
- Civil indemnity or damages may be awarded (Art. 100–107, RPC).
6. Penalties Upon Conviction
| Offender | Penalty | Notes |
|---|---|---|
| Husband | Prisión correccional in minimum and medium periods (6 months + 1 day – 4 years & 2 months) | Court often imposes the medium period. |
| Mistress | Destierro (banishment) for 6 months + 1 day – 4 years & 2 months | Cannot enter within 25 km of offended wife’s residence. |
| Civil damages | Moral & exemplary damages, attorney’s fees | Must be alleged & proven. |
Conviction does not dissolve the marriage; you must file a nullity or annulment case separately.
7. Key Jurisprudence
| Case | G.R. No. / Year | Holding |
|---|---|---|
| People v. Zapata | L-13548 (1960) | Mere casual intercourse is insufficient; must fall under one of the three modes. |
| People v. Lacao | 57664 (1988) | “Scandalous conduct” judged by social standards of locality & time. |
| People v. Abella | 12077-R (1959) | Conjugal dwelling ≠ legal domicile; may include a place they temporarily occupy. |
| People v. Parnaso | L-34804 (1978) | Prescription counted from discovery by the wife, not from first act of cohabitation. |
| Garces v. Court of Appeals | 131158 (2001) | Acquittal possible if wife’s affidavits are inconsistent and uncorroborated. |
8. Concubinage vs. Adultery (Quick Comparison)
| Aspect | Concubinage | Adultery |
|---|---|---|
| Offender | Husband | Wife |
| Offended party | Wife | Husband |
| Elements | Any of 3 modes above | Single act of sexual intercourse with a man not her husband |
| Penalty | Prisión correccional (husband); destierro (concubine) | Prisión correccional (both) |
| Mistress/Paramour | Co-accused (compulsory) | Co-accused (compulsory) |
| Public scandal required? | Only in 3rd mode | No |
| Difficulty of proof | Higher | Lower |
9. Supporting or Alternative Cases You May File
R.A. 9262 – Anti-Violence Against Women & Children (VAWC)
- Covers “sexual or psychological violence” from marital infidelity.
- Venue: Family Court (RTC). Penalty up to 12 years.
- Does not require proof under Art. 334 modes.
R.A. 8353 – Anti-Rape Law (if applicable)
Civil Actions
- Nullity/Annulment (Family Code).
- Art. 26(2) divorce recognition if spouse obtained foreign divorce.
10. Practical Tips for a Strong Case
Act Promptly: Even if the prescriptive period is long, memories fade and evidence disappears.
Preserve Digital Evidence: Screenshot with URL/time stamp; use NBI/DICT cyber-forensics for authenticity.
Quiet Surveillance: Hire a licensed private investigator to avoid illegal wiretaps.
Avoid Self-Incrimination: Do not hack emails or accounts—you may violate the Cybercrime Law (R.A. 10175).
Mind Possible Defenses:
- Absolute Pardon from wife.
- Non-joinder of mistress.
- Lack of credible proof of cohabitation/scandal.
Combine Remedies: Many wives file VAWC simultaneously; prosecutors may consolidate.
Safety First: If violence is involved, secure a Barangay Protection Order (BPO) or Temporary Protection Order (TPO).
11. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Must I confront the mistress? | No. The legal process is sufficient; confrontation is not a requirement. |
| Can I file in our hometown even if they cohabit elsewhere? | Yes, as long as any element (e.g., marriage celebrated, conjugal home, scandal) occurred there. |
| What if they live abroad? | Jurisdiction lies where the affidavit is filed, but enforcement and arrest may require extradition or wait for their return. |
| Will he go to prison upon conviction? | Courts often allow bail and may suspend sentences, but imprisonment is legally possible. |
| Can I later withdraw the case? | Yes, by filing a Motion to Withdraw Complaint; the prosecutor/court may still proceed if public interest so requires, though usually they dismiss. |
12. Conclusion
Filing a concubinage case is procedurally demanding: only the wife may initiate it, the mistress must be impleaded, and solid evidence of cohabitation or scandal is crucial. While conviction carries modest penalties, it provides public vindication and may strengthen related civil or VAWC actions. Early legal consultation, strategic evidence preservation, and awareness of both criminal and civil remedies will greatly enhance your chances of success.
Last updated: 24 July 2025 (Manila time).