Prescription Period for Filing Concubinage Case in the Philippines

Introduction

In the Philippine criminal justice system, concubinage is a marital infidelity offense criminalized under Article 334 of the Revised Penal Code (Act No. 3815, as amended), targeting married men who engage in specific acts of extramarital cohabitation or relations. As a private crime, it underscores the state's interest in preserving family integrity while respecting the offended spouse's prerogative to initiate prosecution. A critical aspect of pursuing such cases is the prescription period—the statutory timeframe within which the action must be filed, beyond which the right to prosecute is extinguished. Governed by Articles 90 and 91 of the Revised Penal Code (RPC), this period balances the need for timely justice with protections against stale claims. This article exhaustively examines the prescription rules for concubinage, including legal foundations, computation, starting point, interruptions, exceptions, procedural requirements, evidentiary considerations, jurisprudence, and practical implications, all within the Philippine legal framework.

Legal Basis for Concubinage and Prescription

Concubinage is defined in Article 334 of the RPC as committed by a husband who: (1) keeps a mistress in the conjugal dwelling; (2) has sexual intercourse with a woman not his wife under scandalous circumstances; or (3) cohabits with her in any other place. The penalty is prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months), with the concubine also punishable by destierro.

Prescription of crimes, akin to statutes of limitations, is outlined in Article 90 of the RPC, which classifies periods based on the gravity of the penalty:

Crimes punishable by death, reclusion perpetua, or reclusion temporal: 20 years.
Other afflictive penalties (imprisonment exceeding 6 years): 15 years.
Correctional penalties (imprisonment from 1 month to 6 years): 10 years.
Arresto mayor (1 month and 1 day to 6 months): 5 years.
Libel or other similar offenses: 1 year.
Oral defamation and slander by deed: 6 months.
Light penalties: 2 months.

As concubinage carries a correctional penalty, its prescription period is 10 years. This is confirmed by the RPC's hierarchical structure, where penalties determine the timeline.

Article 91 specifies that prescription runs from the day the crime is discovered by the offended party, the authorities, or their agents, not from the commission date, recognizing the often concealed nature of such offenses. For continuing crimes like concubinage (if involving ongoing cohabitation), prescription may commence from the last act or discovery thereof.

Concubinage, along with adultery and acts of lasciviousness (Article 333 and 336), is a private crime under Article 344 of the RPC, prosecutable only upon complaint by the offended spouse. This complaint requirement intersects with prescription, as filing the complaint halts the period.

Computation of the Prescription Period

The 10-year period is computed as follows:

Starting Point: From the date of discovery by the offended wife (or husband if roles reversed, though concubinage is gender-specific to husbands). Discovery means actual knowledge or circumstances that would lead a reasonable person to inquire further. Mere suspicion is insufficient (People v. Ramos, G.R. No. 171559, 2010).
Running of Time: Continuous, excluding periods of interruption. For example, if discovered on January 1, 2015, the period expires on January 1, 2025.
Leap Years and Calendar Rules: Follows the Civil Code's computation (Article 13), where a year is 365 days, but actual calendar days are used, including leap years.
Partial Prescription: Not applicable; the full 10 years must lapse without action.

If the offender is absent from the Philippines, the period does not run during absence (Article 91), extending the timeline.

Interruptions and Tolling of the Prescription Period

The running of prescription is interrupted by:

Filing of the Complaint: Under Article 91, instituting the criminal action stops the clock. For private crimes, this means filing the complaint with the prosecutor's office or court, not mere discovery.
Offender's Absence: If the accused flees or is abroad, the period suspends until return.
Pardon by Offended Party: An express pardon before institution extinguishes the action (Article 344), but implied pardon (e.g., continued cohabitation) may not reset prescription.
Amnesty or Absolute Pardon: General amnesties halt prescription, but rare for private crimes.

Resumption occurs upon cessation of the interrupting cause. Jurisprudence clarifies that preliminary investigation filing interrupts (People v. Bautista, G.R. No. 169801, 2008).

Exceptions and Special Rules

Continuing Offense Doctrine: If concubinage involves prolonged cohabitation, it is a continuing crime, and prescription starts from the last overt act or discovery of the ongoing conduct (People v. Yap, G.R. No. L-45784, 1939). Each instance of sexual intercourse under scandalous circumstances may be separate, but cohabitation is unitary.
Minority or Incapacity: If the offended spouse is a minor or incapacitated, prescription may toll until capacity is regained, though not explicitly stated in RPC; analogous to Civil Code rules.
Private Crime Nature: Only the offended spouse can file; if both spouses are guilty (e.g., wife in adultery), neither can prosecute (Article 344). Death of the offended spouse before filing extinguishes the right, unless children or guardians act in certain cases.
Amended Complaints: Adding charges within the period does not revive prescribed acts.
COVID-19 Extensions: Supreme Court circulars (e.g., A.M. No. 20-07-10-SC) temporarily suspended periods during lockdowns, potentially applying retroactively.

Procedural Requirements for Filing

To file within the period:

Complaint Affidavit: Sworn statement by the offended spouse to the prosecutor or MTC.
Preliminary Investigation: Fiscal determines probable cause; if endorsed, information filed in court.
Jurisdiction: MTC for penalties not exceeding 6 years.
Evidence: Proof of marriage, acts of concubinage, and discovery timeline.
No Prescription Plea Initially: Prescription is a defense raised via motion to quash (Rule 117, Section 3, Rules of Court), provable during trial if not quashed.

Failure to file timely leads to dismissal on prescription grounds, non-waivable if absolute.

Evidentiary Considerations

Proving the prescription period involves:

Burden on Accused: Once charged, the defendant must prove lapse of period (People v. Moran, G.R. No. 139236, 2003).
Evidence of Discovery: Testimonies, documents (e.g., photos, messages) showing when the wife learned of the affair.
Chain of Events: Timeline from discovery to filing must be unbroken except for interruptions.

Jurisprudence on Prescription in Concubinage Cases

Supreme Court rulings provide interpretive guidance:

People v. Ilarde (G.R. No. L-26864, 1967): Emphasized discovery as the starting point, not commission, for private crimes.
Serrano v. People (G.R. No. 175023, 2010): Held that cohabitation must be proven as habitual, affecting continuing crime application and prescription.
People v. Santos (G.R. No. 100225, 1992): Clarified interruption by complaint filing, even if later dismissed without prejudice.
Garcia v. CA (G.R. No. 119063, 1996): Ruled that prescription bars prosecution if 10 years lapse from discovery, reinforcing strict computation.
Recent cases like People v. Dela Cruz (G.R. No. 227880, 2019) affirm the 10-year rule for correctional penalties, dismissing outdated claims.

These decisions underscore the RPC's intent to prevent indefinite threats of prosecution while ensuring accountability.

Practical Implications and Challenges

Delays in Discovery: Spouses may delay filing due to reconciliation attempts, risking prescription.
Evidentiary Hurdles: Proving exact discovery date can be contentious.
Social Factors: Cultural stigma may deter filings, leading to lapsed periods.
Legal Advice: Consult lawyers early to document discovery and file promptly.
Reform Proposals: Discussions in Congress for gender-neutral infidelity laws could impact prescription if enacted.

Conclusion

The 10-year prescription period for filing concubinage cases in the Philippines, commencing from discovery, serves as a safeguard for due process while upholding marital fidelity. Rooted in the RPC's structured timelines, it requires vigilant action by the offended spouse to preserve the right to prosecute. Interruptions, exceptions, and jurisprudential nuances add layers of complexity, necessitating thorough understanding to navigate effectively. As a private crime, concubinage's prosecution hinges on personal initiative within this temporal framework, aligning with constitutional speedy trial rights. Victims should seek immediate legal counsel to assess timelines and gather evidence, ensuring justice is neither denied nor unduly delayed in preserving family sanctity.