Concubinage is a crime against chastity defined under Article 334 of the Revised Penal Code (RPC). It is often confused with adultery, but it carries distinct legal elements and higher evidentiary thresholds. For a husband to be liable for concubinage, he must commit any of the following acts:
- Keeping a mistress in the conjugal dwelling;
- Having sexual intercourse under scandalous circumstances; or
- Cohabiting with a woman who is not his wife in any other place.
The following is a comprehensive guide on the prescriptive periods and the evidentiary requirements for filing such a case in the Philippines.
The Prescriptive Period: When to File
The "prescription of a crime" refers to the loss of the State's right to prosecute an offender due to the lapse of a certain period.
- Period of Prescription: Under Article 90 of the RPC, concubinage—which is punished by prision correccional in its minimum and medium periods—prescribes in ten (10) years.
- Commencement of the Period: The 10-year clock begins to run from the day the crime is discovered by the offended party, the authorities, or their agents.
- Interruption: The prescriptive period is interrupted (paused) upon the filing of the complaint or information with the Office of the Prosecutor (for preliminary investigation) or the Court.
Crucial Note: Concubinage is a "private crime." Under Article 344 of the RPC, it cannot be prosecuted except upon a complaint filed by the offended spouse. If the offended spouse has consented to the concubinage or pardoned the offenders, the case can no longer be filed.
Essential Elements and Evidence
Because the law defines three specific ways concubinage is committed, the evidence required depends on which "mode" is being alleged. General proof of an "affair" is usually insufficient; specific circumstances must be proven.
1. Keeping a Mistress in the Conjugal Dwelling
- Evidence Required: Proof that the husband brought the woman into the home shared with his legal wife.
- Typical Proof: Testimonies of household help, neighbors, or children; photographs or videos showing the mistress staying in the house; or documents (like utility bills or mail) addressed to the mistress at the conjugal address.
2. Sexual Intercourse under Scandalous Circumstances
- Legal Standard: "Scandalous" implies conduct that shocks the public's sense of morality or defies social decency. Mere secrecy or a quiet affair does not meet this threshold.
- Typical Proof: Evidence of public displays of intimacy, frequenting hotels or motels openly, or living together in a manner that causes a public stir in the neighborhood or community. Testimony from witnesses who observed the scandalous behavior is vital.
3. Cohabitation in Any Other Place
- Legal Standard: Cohabitation means living together as husband and wife. It implies a degree of permanence and a shared life. Occasional "trysts" or one-night stands do not constitute cohabitation.
- Typical Proof:
- Lease Contracts: Showing both names as tenants.
- Birth Certificates: If the husband and the mistress have a child and the husband signed the birth certificate, this is strong evidence of an intimate, stable relationship.
- Testimonial Evidence: Neighbors testifying that the two represent themselves as "Mr. and Mrs." or that they share a common household (grocery shopping together, shared laundry, etc.).
- Social Media: Public posts, photos, and "check-ins" that demonstrate a shared life and residence.
Comparative Evidence: Concubinage vs. Adultery
It is important to note the disparity in the burden of proof. While a wife can be convicted of Adultery for a single act of sexual intercourse with a man not her husband, a husband can only be convicted of Concubinage if one of the three specific conditions (dwelling, scandal, or cohabitation) is met.
| Feature | Concubinage (Husband) | Adultery (Wife) |
|---|---|---|
| Basic Act | Specific modes (Dwelling/Scandal/Cohabitation) | Any single act of sexual intercourse |
| Proof of Sex | Necessary, but must meet specific conditions | Sufficient on its own |
| Prescription | 10 Years | 10 Years |
Summary of Required Documentation
To build a strong case for the Office of the Prosecutor, the following "Evidence Kit" is typically necessary:
- Marriage Contract: To prove the legal bond between the complainant and the respondent.
- Affidavits: Sworn statements from the offended spouse and at least two credible witnesses who have personal knowledge of the cohabitation or the scandal.
- Documentary/Object Evidence: Photos, videos, birth certificates of illegitimate children, lease agreements, or logs from security guards of the condominium or subdivision where the respondents reside.
Filing a case for concubinage requires meticulous documentation. Because the penalty for the mistress (the concubine) is only destierro (banishment) while the husband faces imprisonment, the legal threshold is strictly maintained to ensure that the specific elements of Article 334 are fully satisfied.