Introduction

In the Philippine legal system, adultery and concubinage are criminal offenses that fall under the category of crimes against chastity, as defined in the Revised Penal Code (Act No. 3815, as amended). These crimes are rooted in the protection of marital fidelity and family integrity, reflecting societal values on marriage. Adultery is committed by a married woman, while concubinage pertains to a married man. The prescriptive period—also known as the statute of limitations—refers to the time frame within which a complaint for these offenses must be filed before the right to prosecute expires. This period is governed by Article 90 of the Revised Penal Code (RPC), with specific nuances applicable to crimes against chastity.

Understanding the prescriptive period is crucial for offended parties, as failure to file within the allotted time results in the extinguishment of criminal liability. This article provides a comprehensive overview of the topic, including definitions, elements, penalties, computation of the prescriptive period, triggering events, exceptions, and relevant procedural considerations, all within the Philippine context.

Definitions and Elements of the Offenses

Adultery (Article 333, RPC)

Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void. The key elements are:

The woman is legally married.
She engages in sexual intercourse with a man who is not her husband.
The man knows of her married status.

This offense is gender-specific, applying only to married women and their paramours. It does not require cohabitation or ongoing relations; a single act of sexual intercourse suffices.

Concubinage (Article 334, RPC)

Concubinage is committed by 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. The elements include:

The offender is a married man.
He engages in one of the following acts:
- Keeping a mistress in the conjugal dwelling.
- Having sexual intercourse with a woman not his wife under scandalous circumstances.
- Cohabiting with her in any other place.

Unlike adultery, concubinage requires proof of cohabitation or scandalous circumstances, making it harder to prosecute. The concubine is also punishable, but with a lighter penalty.

These offenses are private crimes, meaning they can only be initiated upon the complaint of the offended spouse (Article 344, RPC). No public prosecutor can file charges without this complaint, emphasizing the personal nature of the injury.

Penalties Imposed

The penalties for these crimes are classified as correctional penalties under the RPC, which directly impacts the prescriptive period.

Adultery: Prisión correccional in its medium and maximum periods (ranging from 2 years, 4 months, and 1 day to 6 years) for both the wife and her paramour.
Concubinage:
- For the husband: Prisión correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months).
- For the concubine: Destierro (banishment from a certain place for a period, typically 6 months and 1 day to 6 years).

These penalties may be mitigated or aggravated based on circumstances, such as the use of violence or the presence of qualifying factors, but they remain within the correctional category.

The Prescriptive Period Under Article 90 of the RPC

The general rule on prescription of crimes is outlined in Article 90 of the RPC, which states that the period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents. It shall be interrupted by the filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.

For crimes punishable by correctional penalties, such as adultery and concubinage, the prescriptive period is 10 years. This is distinct from:

Afflictive penalties (e.g., reclusión temporal): 15 years.
Light penalties: 2 months.
Special cases like libel: 1 year.

The 10-year period applies uniformly to both adultery and concubinage, as both carry correctional penalties.

Computation of the Prescriptive Period

Starting Point: Unlike public crimes where prescription runs from the date of commission, for private crimes like adultery and concubinage, the period begins from the date of discovery by the offended spouse. This is a critical distinction, as the offense may remain hidden for years.
- Discovery implies actual knowledge or sufficient facts that would lead a reasonable person to believe the crime has been committed. Mere suspicion is insufficient.
- If the offended spouse discovers multiple acts, each act may be considered separately, but in practice, the prescription runs from the discovery of the ongoing infidelity.
Interruption: The period is interrupted upon the filing of a complaint with the fiscal's office or the court. If the case is dismissed without prejudice (e.g., for lack of evidence), the period resumes running from the date of dismissal.
Tolling: The period does not run during times when the offender is absent from the Philippines or has no fixed residence, but this is rarely invoked in these cases.
End Point: The offense prescribes if no complaint is filed within 10 years from discovery, barring any prosecution thereafter.

Special Considerations for Crimes Against Chastity

Crimes against chastity, including adultery and concubinage, have additional layers:

Exclusive Right to File: Only the offended spouse can file the complaint. If the offended spouse dies or becomes incapacitated before filing, the right is extinguished unless pardoned earlier.
Pardon or Consent: Under Article 344, RPC, the offended spouse's express or implied pardon extinguishes criminal liability. Pardon must be given before the institution of the criminal action and applies to both offenders (the spouse and the paramour/concubine). Once a complaint is filed, pardon no longer avails.
- Implied pardon includes continued cohabitation after discovery, signifying forgiveness.
Marriage as Extinguishment: If the offended spouse consents to the offense or pardons it, or if the guilty spouse marries the paramour/concubine after annulment or divorce (though divorce is not recognized in the Philippines except for Muslims under the Code of Muslim Personal Laws), liability may be affected.
No Prescription During Marriage? There is no rule that prescription does not run during the subsistence of the marriage; it strictly starts from discovery.

Procedural Aspects in Filing Cases

Who Can File?

Solely the offended spouse (husband for adultery, wife for concubinage).
If both spouses are guilty (e.g., mutual infidelity), neither can file against the other, as per the principle of mutual guilt barring prosecution.
Guardians or ascendants may file if the offended spouse is a minor or incapacitated, but this is rare.

Where to File?

Complaints are filed with the Office of the City or Provincial Prosecutor (Fiscal) for preliminary investigation.
Jurisdiction lies with the Regional Trial Court (RTC) or Municipal Trial Court (MTC), depending on the penalty.

Evidence Required

Proof of marriage (marriage certificate).
Evidence of sexual intercourse or cohabitation (witness testimonies, admissions, circumstantial evidence like hotel records or messages).
Proof of discovery date to establish timeliness.
No need for caught-in-the-act evidence; circumstantial proof suffices.

Consequences of Prescription

If the case prescribes, the court will dismiss it motu proprio or upon motion. Prescription is a matter of public policy and cannot be waived.

Relevant Jurisprudence

Philippine Supreme Court decisions have clarified aspects of prescription:

People v. Ilarde (1984): Emphasized that prescription runs from discovery, not commission, for crimes against chastity.
Serrano v. Court of Appeals (2001): Held that continued cohabitation after discovery constitutes implied pardon, potentially mooting prescription issues.
People v. Bugayong (1958): Clarified that each act of adultery is a separate offense, but prescription applies per discovered act.
Donio v. People (2010): Reiterated the 10-year period for correctional penalties and the need for actual discovery.

These cases underscore the importance of timely action and the evidentiary burden on the complainant.

Societal and Legal Context

In the Philippines, where absolute divorce is not legalized (except under specific grounds like annulment), adultery and concubinage serve as grounds for legal separation under the Family Code (Article 55). However, criminal prosecution is separate from civil actions. Critics argue these laws are outdated and gender-biased, with adultery being easier to prove against women. Proposals for reform, such as decriminalization or equalization, have been discussed in Congress but remain pending.

The Violence Against Women and Their Children Act (RA 9262) provides additional remedies for economic abuse or psychological violence stemming from infidelity, but it does not alter the RPC's prescriptive rules.

Conclusion

The prescriptive period for filing adultery or concubinage cases in the Philippines is 10 years from the date of discovery by the offended spouse, as governed by Article 90 of the RPC. This timeframe balances the need for justice with the principle that stale claims should not burden the courts. Offended parties must act diligently upon discovery, gathering evidence and filing promptly, while considering options like pardon. Legal consultation is advisable to navigate the intricacies, ensuring compliance with procedural requirements and avoiding prescription. These laws reflect the Philippines' emphasis on family preservation, though they continue to evolve amid changing societal norms.