In the Philippines, the sanctity of marriage is protected by both the 1987 Constitution and the Civil Code. When a third party—commonly referred to as a "mistress"—interferes with a marital union or attacks the reputation of the legitimate spouse, the Philippine legal system provides specific criminal and civil avenues for redress. These primarily fall under the Revised Penal Code (RPC) and the Civil Code of the Philippines.
I. Criminal Action for Concubinage
Concubinage is a "private crime" governed by Article 334 of the Revised Penal Code. It is distinct from adultery (which is committed by a wife) and has specific, stringent requirements for conviction.
Elements of the Crime
To successfully prosecute a mistress for concubinage, it must be proven that a married man has committed any of the following:
- Keeping a mistress in the conjugal dwelling: The husband brings the woman to live in the home he shares with his legal wife.
- Sexual intercourse under scandalous circumstances: The relationship is handled with such lack of discretion that it offends public morals or causes a public outcry.
- Cohabitation in any other place: The husband and the mistress live together as husband and wife in a separate residence (e.g., an apartment or a "second home").
Liability and Penalties
- The Husband: Faces the penalty of prision correccional in its minimum and medium periods.
- The Mistress: Faces the penalty of destierro.
- Destierro is not imprisonment. It is a punishment where the convict is prohibited from entering a designated radius (typically 25 to 250 kilometers) of a specific place (usually the residence of the offended party) for a specified duration.
Procedural Requirements
- Pardon: Under Article 344 of the RPC, the offended party (the wife) cannot institute the criminal action if she has consented to the offense or pardoned the offenders.
- Joint Prosecution: The wife must sue both her husband and the mistress. She cannot choose to sue only the mistress for concubinage.
II. Criminal Action for Slander (Oral Defamation)
If a mistress publicly insults, belittles, or spreads false rumors about the legal wife, she may be held liable for Slander under Article 358 of the Revised Penal Code.
Classification of Slander
- Grave Slander: Defamation that is of a serious and insulting nature, taking into account the social standing of the parties and the circumstances of the utterance.
- Simple Slander: Defamation that does not reach the level of "grave" but still tends to cause dishonor or contempt.
Elements of the Crime
- There must be an imputation of a crime, vice, defect, or circumstance tending to cause dishonor or contempt.
- The imputation must be made orally.
- The imputation must be public (heard by a third person).
- The imputation must be malicious.
- The victim must be identified or identifiable.
Note: If the defamatory statements are made in writing or through social media (e.g., Facebook posts, private messages shared with others), the charge would be Cyber Libel under the Cybercrime Prevention Act of 2012 (R.A. 10175), which carries significantly higher penalties than oral slander.
III. Civil Actions for Damages
Beyond criminal prosecution, the legal wife can seek financial compensation through civil litigation.
Article 26 of the Civil Code
This article mandates respect for human dignity and the privacy of others. A mistress may be sued for damages if her actions:
- Pry into the privacy of the legitimate family.
- Intrude upon the peace of mind or family relations of the wife.
- Cause "alienation of affection," even if the strict elements of concubinage are difficult to prove.
Article 2219: Moral Damages
The wife may recover moral damages in cases of:
- Adultery or concubinage.
- Libel, slander, or any other form of defamation.
- Acts referred to in Article 26 mentioned above.
IV. Summary of Differences: Adultery vs. Concubinage
While both involve marital infidelity, the Philippine legal system treats them differently:
| Feature | Adultery (Art. 333) | Concubinage (Art. 334) |
|---|---|---|
| Who is charged? | Married woman and her paramour. | Married man and his mistress. |
| Proof of Sex | A single act of intercourse is sufficient. | Sex alone is not enough (must be in conjugal home, scandalous, or cohabiting). |
| Penalty for 3rd Party | Imprisonment. | Destierro (Banishment). |
V. Key Evidence for Prosecution
To prevail in these cases, the offended spouse must present substantial evidence. Courts generally look for:
- Testimonial Evidence: Statements from neighbors, security guards, or family members witnessing the cohabitation.
- Documentary Evidence: Lease contracts, utility bills in both names, or birth certificates of children born out of the illicit union.
- Object Evidence: Photographs, videos, or social media posts showing the mistress and husband presenting themselves as a couple.
The prosecution of these cases requires the filing of a complaint-affidavit before the Office of the City or Provincial Prosecutor to undergo a preliminary investigation. Consistent with the "private crime" nature, the legal wife retains control over the case and may move for its dismissal if a settlement or reconciliation is reached before a final judgment is rendered.