1) What “Concubinage” Means Under Philippine Law

Concubinage is a crime under the Revised Penal Code (RPC), Article 334. It is the counterpart of adultery (Article 333), but it applies when the husband commits specific, legally defined acts with a woman who is not his wife.

Concubinage is not simply “cheating” in the everyday sense. The law punishes only certain forms of extramarital conduct, with specific elements that must be proven.

The Three Punishable Acts (Choose-at-least-one)

A husband commits concubinage if, while married, he does any of the following:

Keeps a mistress in the conjugal dwelling
- “Conjugal dwelling” generally refers to the family home where the spouses live (or are supposed to live).
Has sexual intercourse under scandalous circumstances
- This requires proof that the affair was carried out in a manner that creates scandal (more than mere rumor).
Cohabits with a woman who is not his wife in any other place
- “Cohabits” implies living together as though husband and wife (not a one-time encounter).

Who Can Be Charged

Concubinage typically involves two accused:

The husband (principal accused), and
The woman (as the “concubine”) if she knowingly participated in the legally punishable situation.

Important: It’s common for cases to fail when the proof only shows an affair, but not any of the three punishable modes above.

2) Essential Elements You Must Prove

To succeed, the complaint must establish (through evidence) the following:

Valid marriage between the complainant (wife) and the accused (husband) at the time of the acts
One or more of the three punishable acts (mistress in the conjugal dwelling / scandalous intercourse / cohabitation elsewhere)
Identity of the accused parties (husband and the woman)
Jurisdiction/venue facts showing the acts occurred within the area of the prosecutor/court

3) Concubinage Is a “Private Crime” (Very Important)

Concubinage is treated as a private crime under Philippine criminal procedure rules. That has big consequences:

Only the offended spouse can initiate it

The complaint must be filed by the offended wife (the legal wife).
Generally, parents, siblings, friends, or new partners cannot file it in their own name.

You generally must include both offenders

As a rule, the wife must file the case against both the husband and the concubine, not just one—unless a legally recognized exception applies.

Pardon/consent can block the case

Private crimes are sensitive to issues like:

Consent (e.g., the offended spouse permitted or tolerated the arrangement in a way that legally counts), or
Pardon (express or implied), which may bar prosecution depending on the circumstances.

These issues are heavily fact-based and are frequent points of attack by the defense.

4) Before Filing: Confirm You’re Filing the Right Case

Many people file concubinage when the facts actually fit something else better:

A) If the wife is seeking protection and immediate relief

If the affair causes psychological violence, intimidation, harassment, economic abuse, or threats, the wife may consider remedies under R.A. 9262 (VAWC), which can provide:

Protection orders (Barangay/Temporary/Permanent)
Practical relief like exclusion from the home, anti-harassment directives, support provisions, etc.

Concubinage is punitive, but does not automatically provide protective orders.

B) If the goal is to address marriage, property, and children

Criminal cases don’t dissolve marriages. Consider parallel civil/family actions such as:

Legal separation (may include grounds like sexual infidelity)
Declaration of nullity/annulment (depending on facts)
Support, custody/visitation, and property remedies
Civil damages in appropriate cases

Often, a combined strategy (family case + protective measures + criminal complaint where warranted) is more effective than concubinage alone.

5) Evidence: What Usually Matters (and What Often Fails)

Stronger forms of evidence (typical examples)

Marriage certificate (PSA) to prove the marriage
Proof of the conjugal dwelling and that the mistress is kept there:
- Barangay certifications, utility bills, witness affidavits, photos showing belongings, consistent presence
Proof of cohabitation elsewhere:
- Lease contracts, mail addressed to both, barangay blotter entries, building admin logs (if lawful), witness affidavits
Proof of scandalous circumstances:
- Witness statements describing public, notorious, scandal-inducing conduct (not just private messages)

Evidence that often isn’t enough by itself

Screenshots of sweet messages
Photos showing them together without context
“Everyone knows” statements without firsthand witnesses
One-time hotel proof (more consistent with “affair,” not necessarily any of the 3 concubinage modes)

Be careful about privacy and illegality

Avoid gathering evidence through illegal means (e.g., hacking accounts, installing spyware, recording private acts unlawfully). Illegally obtained evidence can be excluded and may expose the complainant to liability.

6) Step-by-Step: How to File a Concubinage Case

Step 1: Prepare your documents and timeline

Compile:

PSA marriage certificate
Government IDs
Names, addresses, and identifying details of the accused parties
A chronological narrative of facts with dates, places, and witnesses
Evidence supporting at least one of the three punishable modes

Step 2: Draft a Complaint-Affidavit

This is a sworn statement describing:

Your marriage and relationship background
The acts constituting concubinage (which mode, where, when, how)
The identity and participation of the concubine
Your attached evidence and witness list

You will sign it under oath before a prosecutor or authorized administering officer.

Step 3: File with the Office of the City/Provincial Prosecutor

File the complaint where the offense occurred (venue can be technical; it depends on where the punishable act happened—conjugal dwelling location, cohabitation location, or place of scandalous circumstances).

Pay filing fees only if required for particular affidavits/certifications; the criminal complaint itself is typically filed at the prosecutor level without “court docket fees” until later.

Step 4: Preliminary Investigation

For concubinage (a crime generally requiring preliminary investigation), the process usually goes:

Evaluation of the complaint for sufficiency in form and substance
Subpoena to respondents (husband and concubine) to submit their counter-affidavits
Reply and rejoinder (depending on prosecutorial rules and discretion)
Clarificatory hearing (optional; some prosecutors schedule one)
Resolution by the prosecutor: either dismissal for lack of probable cause, or finding of probable cause

Practical tip: Many cases are dismissed here because the facts show “an affair,” but not the legally required mode (mistress in conjugal dwelling / scandalous intercourse / cohabitation elsewhere).

Step 5: Filing of Information in Court

If probable cause is found, the prosecutor files an Information in the appropriate trial court (typically the Regional Trial Court, depending on the penalty classification and local assignment rules).

Step 6: Court Process (in outline)

Once in court:

Arraignment (accused enter pleas)
Pre-trial (stipulations, marking evidence, witness lists)
Trial (prosecution presents evidence; then defense)
Judgment (conviction or acquittal)
Possible appeals and post-judgment remedies

7) Common Defenses and Why They Matter for Your Complaint

Expect the respondents to attack:

No concubinage mode proven (most common)
No cohabitation (mere visits, no “living together”)
Not the conjugal dwelling (different property, not the marital home)
No “scandalous circumstances” (private conduct, no scandal)
Mistaken identity
Implied pardon/consent or other bars to prosecution in private crimes
Insufficient credibility of witnesses or inadmissible evidence

Your affidavit should be written with these defenses in mind: it must be specific, fact-based, and supported.

8) Possible Outcomes and Practical Realities

Criminal liability outcomes

Dismissal (commonly at preliminary investigation if proof is weak)
Conviction (requires proof beyond reasonable doubt)
Acquittal (if doubt remains)

What concubinage does not do automatically

It does not automatically grant custody, support, or property division
It does not dissolve the marriage
It does not automatically remove a spouse from the home (that’s more in the realm of protection orders/family remedies)

9) Strategic Alternatives Often Used Alongside (or Instead Of) Concubinage

Depending on the facts, the offended spouse may consider:

Barangay/VAWC protection mechanisms (if there is harassment/abuse)
Legal separation (addresses marital relations and property consequences)
Support petitions (spousal/child support)
Custody and visitation arrangements
Civil remedies where applicable

In practice, many complainants pursue concubinage for accountability, but rely on family-law and protective remedies for immediate, real-world relief.

10) Quick Checklist (Minimum for a Viable Filing)

✅ PSA marriage certificate
✅ Clear identification of husband + concubine
✅ Facts showing at least one punishable concubinage mode
✅ Evidence and/or witnesses supporting cohabitation / conjugal dwelling / scandal
✅ Proper venue (where the punishable act occurred)
✅ Complaint-affidavit executed by the offended wife

If you want, paste a redacted fact pattern (no real names—just “Husband,” “Woman,” dates/places), and I’ll map it to: (1) which concubinage mode it fits, (2) what evidence is missing, and (3) how to structure a complaint-affidavit narrative so it tracks the legal elements.