Prescriptive Period for Filing Concubinage Case

Prescriptive Period for Filing a Concubinage Case: A Comprehensive Guide in Philippine Law

Introduction to Concubinage Under Philippine Law

In the Philippines, concubinage is a criminal offense rooted in the protection of marital fidelity and the institution of marriage. Defined under Article 334 of the Revised Penal Code (RPC), concubinage is committed by a married man who:

• Keeps a mistress in the conjugal dwelling;
• Keeps a mistress in any other place;
• Cohabits with her in any other place; or
• Has sexual intercourse with her under scandalous circumstances.

This crime is inherently private in nature, meaning it can only be prosecuted upon a written complaint filed by the offended spouse (typically the wife) or her legal representatives. Unlike public crimes, which the State can prosecute ex officio, concubinage requires the active initiation by the aggrieved party, underscoring its personal and moral dimensions.

The gravity of concubinage lies not just in its breach of marital trust but in its potential to destabilize family units, a value enshrined in the 1987 Philippine Constitution (Article XV, Section 2), which mandates the State to strengthen marriage as an inviolable social institution. Penalties for concubinage include prision correccional in its minimum and medium periods (ranging from 6 months and 1 day to 4 years and 2 months), along with potential civil liabilities such as damages. The concubine herself faces a lighter penalty of arresto mayor (1 to 6 months) under the same provision.

However, the right to seek justice for concubinage is not perpetual. Philippine law imposes a prescriptive period—a statute of limitations—governing the timeframe within which a complaint must be filed. Failure to act within this window results in the crime "prescribing," rendering it unenforceable and barring prosecution. This doctrine balances the need for timely justice with the practical realities of evidence preservation and societal repose.

Understanding Prescription of Crimes in the Revised Penal Code

The prescriptive periods for criminal actions are codified in Articles 90 to 95 of the RPC, which establish time bars based on the severity of the penalty imposable for the offense. Prescription serves multiple purposes:

• Encouraging diligence: It compels victims to pursue remedies promptly to avoid faded memories or lost evidence.
• Promoting finality: It prevents indefinite liability, allowing individuals to move forward after a reasonable period.
• Resource allocation: It aids the justice system by focusing on fresh cases.

Under Article 90, the prescriptive period is determined by the maximum imposable penalty, not the actual sentence handed down. Penalties are classified as:

Penalty Classification	Maximum Duration	Prescriptive Period (Article 90)
Capital (Death)	N/A	20 years
Afflictive (e.g., Reclusion perpetua, Reclusion temporal, Prision mayor)	Over 6 years	20 years (for reclusion perpetua/temporal); 15 years (for other afflictive)
Correctional (e.g., Prision correccional, Arresto mayor)	Up to 6 years	10 years
Light (Arresto menor)	Less than 1 month	1 month

For concubinage, the penalty of prision correccional in its minimum and medium periods falls squarely within the correctional category. The maximum term here is 4 years and 2 months (end of the medium period), which is below the 6-year threshold for afflictive penalties. Thus, the prescriptive period for filing a concubinage case is 10 years.

This 10-year window applies uniformly to both the husband (as principal offender) and the concubine (as accomplice), though their respective penalties differ.

When Does the Prescriptive Period Begin to Run?

The starting point of prescription is critical and is governed by Article 91 of the RPC, which states: "The term of prescription shall not run when the offense is under examination by the offended party or by the State before the institution of criminal action."

For private crimes like concubinage:

• The period commences on the day the crime is discovered by the offended party (or those who have a legal duty to act on their behalf, such as parents or guardians in analogous contexts).
• "Discovery" typically means the date when the offended spouse acquires actual knowledge of the concubinage—e.g., witnessing cohabitation, receiving credible evidence of the affair, or learning of scandalous sexual relations.

This discovery rule is distinct from public crimes, where prescription starts from the commission of the act. In concubinage cases, courts have interpreted "discovery" broadly but reasonably, excluding mere suspicions without substantiation. For instance:

• If a wife discovers her husband's mistress on January 1, 2020, the 10-year clock begins ticking from that date, expiring on January 1, 2030.
• Constructive knowledge (e.g., via widespread community rumors) may suffice if it reasonably alerts the offended party, but Philippine jurisprudence (e.g., People v. Oso, G.R. No. 144719, 2003) emphasizes actual awareness to avoid premature tolling.

Concubinage often presents as a continuing offense when it involves ongoing cohabitation or maintenance of a mistress. In such scenarios:

• Each act of cohabitation or intercourse could theoretically reset the prescriptive clock, but courts generally treat the entire course of conduct as a single continuing crime. Thus, prescription runs from the last overt act discovered (People v. Dela Cruz, G.R. No. 188353, 2013).
• If the concubinage ceases (e.g., the affair ends), the period starts from the discovery of the final instance.

Interruptions and Suspensions of the Prescriptive Period

The running of prescription is not absolute; Article 91 provides for interruptions, effectively pausing the clock:

1. Filing of the complaint: Once a complaint is lodged with the proper authority (e.g., the prosecutor's office or court), prescription halts until the case is dismissed or archived.
2. Preliminary investigation: During the fiscal's (prosecutor's) review, the period is suspended.
3. Issuance of arrest warrant: This further interrupts the running.

Additionally, Article 92 suspends prescription in specific scenarios:

• When the offender is outside the Philippines (e.g., working abroad), the period does not run during their absence, resuming upon return.
• If the offender is insane or imprisoned for another crime serving a sentence of over 6 years, the clock pauses.

These provisions ensure fairness, preventing offenders from evading justice through flight or incapacity. However, mere evasion within the country does not suspend prescription—only formal legal actions or the enumerated statuses do.

Jurisprudential Nuances and Exceptions

Philippine Supreme Court decisions have refined the application of prescription in concubinage cases:

• Prescilla v. Daniel (G.R. No. 178682, 2009): Reiterated that the 10-year period is reckoned from discovery, not commission, to account for the crime's clandestine nature.
• Sps. Yu v. Uy (G.R. No. 210381, 2015): Clarified that for continuing concubinage, the prescriptive period is computed from the last discovered act, preventing fragmented prosecutions.
• Impact of Republic Act No. 9262 (Anti-VAWC Law): While concubinage remains under the RPC, acts of infidelity may overlap with violence against women and children (VAWC). VAWC complaints have no prescriptive period for certain acts (Section 40, RA 9262), but a pure concubinage charge still adheres to the 10-year rule unless reclassified.

Amendments to the RPC via Republic Act No. 10951 (2017) adjusted some penalties but left concubinage's correctional penalty intact, preserving the 10-year prescription. No subsequent laws (as of current knowledge) have altered this for concubinage specifically.

Procedural Steps for Filing Within the Prescriptive Period

To timely file a concubinage case:

1. Gather evidence: Document discovery (e.g., affidavits, photos, witness statements) to prove the elements and establish the starting date.
2. File complaint: Submit a sworn statement to the City/Provincial Prosecutor's Office within the locality of the offense. Include the offended spouse's capacity to file.
3. Preliminary investigation: The prosecutor determines probable cause; if found, an Information is filed in the Regional Trial Court (RTC).
4. Monitor interruptions: Ensure any pauses (e.g., via warrant) are properly invoked to extend the effective period.

Failure to file within 10 years post-discovery results in extinctive prescription, a waivable defense that the accused must raise; courts cannot apply it motu proprio.

Practical Implications and Advice

The 10-year prescriptive period for concubinage strikes a balance between vindicating marital rights and acknowledging human frailties in relationships. Offended parties should act swiftly upon discovery, consulting family lawyers to navigate overlaps with civil actions (e.g., annulment under Family Code Article 55 or damages under Article 2219).

In an era of digital evidence (e.g., text messages, social media), discovery may occur instantaneously, shortening the practical window. Conversely, for long-term affairs hidden abroad, the suspension rules provide relief.

Ultimately, while the law offers a decade for recourse, prevention through open communication remains the cornerstone of marital harmony. For personalized guidance, affected individuals should seek counsel from the Integrated Bar of the Philippines or public attorneys, as this article is for informational purposes only and not a substitute for legal advice.

This article is based on the Revised Penal Code and pertinent jurisprudence as interpreted in Philippine legal doctrine.