What to Do If Accused of Concubinage But Still Cohabiting with Your Spouse (Philippines)

This is practical legal information for general education and planning. For advice on your specific facts, consult a Philippine lawyer.

1) The Big Picture

Concubinage is a crime under the Revised Penal Code (RPC) committed by a married man who, with a woman not his wife, does any one of the following:

Keeps a mistress in the conjugal dwelling (i.e., the family home), or
Has sexual intercourse under scandalous circumstances, or
Cohabits with her in any other place (living together elsewhere).

Key takeaways up front:

If you and your spouse are still living together, the accusation most often turns on (a) whether a mistress is being kept in the conjugal dwelling, or (b) whether there are “scandalous circumstances.”
The prosecution must prove the specific mode alleged (e.g., “kept in the conjugal dwelling” or “cohabited elsewhere”). A mismatch between allegation and proof can be fatal to the case.
The case can only be initiated by your lawful wife (complaint requirement) and, as a rule, both the husband and the alleged concubine must be included in the complaint.
Pardon or consent given by the wife before filing bars prosecution. Reconciliation after filing does not automatically terminate the case.

2) Elements the Prosecution Must Prove

To convict, the State must establish all of the following, beyond reasonable doubt:

Valid, subsisting marriage at the time of the acts.
The husband performed one specific mode of concubinage:
- Keeping in conjugal dwelling: the other woman is maintained in the family home (not merely a casual visit).
- Sexual intercourse under scandalous circumstances: the affair is publicly scandalous—i.e., conduct that shocks community standards (public displays, notoriety, etc.).
- Cohabiting elsewhere: actual co-residence in a place other than the conjugal home (sustained living together, not occasional sleepovers).
The identity of the concubine (who is typically charged with destierro, i.e., banishment).

Why this matters if you still cohabit with your spouse:

If you still share the same household, the State cannot rely on the “cohabiting elsewhere” mode.
They must then prove either “keeping in the conjugal dwelling” (a high bar if no other woman lives there) or “scandalous circumstances” (not just private messages or private meetings; there should be public notoriety or open contempt of modesty).

3) Penalties

Husband: prisión correccional (minimum and medium periods).
Alleged concubine: destierro (must stay away from specified places at a set radius).
Civil damages may also be claimed by the wife in the criminal action.

Prescription: As a felony punishable by a correctional penalty, concubinage generally prescribes in 10 years counted from the day of commission or discovery, subject to standard rules on prescription and interruption (e.g., filing of the complaint).

4) Who Can File, and Special Filing Rules

Only the lawful wife can file (or certain relatives/guardians in limited situations if she is incapable).
Both the husband and the alleged concubine should be included; failure to implead both is a common procedural defect.
Pardon/consent: If the wife consented to the acts or pardoned the parties before filing, the case cannot proceed. The pardon must generally be express and given to both the husband and the alleged concubine.

5) Evidence Commonly Used—And How to Think About Defenses

Typical prosecution evidence

Lease/utility records showing another shared residence (“cohabiting elsewhere”).
Testimony of neighbors/co-workers about public displays (for “scandalous circumstances”).
Photos/videos taken publicly; social-media posts that are public and suggest co-residence or scandalous conduct.
For “keeping in conjugal dwelling,” proof that the other woman actually lives in the family home (belongings, long-term stays, household roles).

Common defense angles (especially when still cohabiting with your spouse)

No mistress in the conjugal dwelling: show no third person resides in the family home (payroll slips, school IDs of household members, CCTV visitor logs, barangay certifications, witness testimony).
No cohabitation elsewhere: refute claims of a second residence (no leases, no long-term stays, travel records inconsistent with co-residence).
No scandalous circumstances: conduct was private; any intimate acts were not publicly displayed or notorious.
Variance: If the complaint alleges one mode (e.g., cohabiting elsewhere) but proof offered is different (e.g., scandalous circumstances), move to dismiss for failure to prove the mode alleged.
Procedural defenses: lack of standing (not the lawful wife), failure to implead the concubine, complaint defects, prescription, or pardon/consent.

6) Interaction with Family Law and Related Statutes

Legal Separation: The same facts may be used by the wife to seek legal separation on the ground of sexual infidelity, with consequences on property regime and support.
Annulment/Nullity: If the marriage is later declared void for reasons existing before the alleged acts, that affects the “valid marriage” element—timing and legal strategy matter.
RA 9262 (VAWC): Even if concubinage is hard to prove, a spouse may seek protection orders or file cases for psychological violence. Strictly follow any TPO/PPO/EPO; violations have separate penalties.
Work and immigration: A criminal conviction for a morality offense may have collateral consequences (discipline clauses, visas). Proactive legal management is key.

7) What To Do Immediately If You’re Accused (While Still Living Together)

Do not self-incriminate.
- Avoid written “confessions,” apology letters, or chat admissions that can be taken out of context.
- Politely decline invasive requests for your phone or accounts without counsel.
Stabilize the home setting.
- If you still cohabit, avoid any circumstance that can be framed as “keeping in the conjugal dwelling.”
- Do not let any third party “temporarily stay” in the family home if that could be spun as residency.
Preserve (don’t destroy) evidence.
- Deleting messages can look like spoliation. Preserve phones, chats, and logs; your lawyer will curate what is legally useful.
Secure counsel early.
- Your lawyer can handle pre-charge talks, advise on pardon/consent, and respond to subpoenas or inquest properly.
Prepare a defense file aligned to the alleged mode:
- Conjugal dwelling: proof of who actually resides at home; witness statements (e.g., household staff, neighbors) that no other woman lives there.
- Scandalous circumstances: demonstrate privacy, lack of public notoriety; collect contrary witness statements; document context for any photos.
- Cohabiting elsewhere: evidence negating a second residence—no lease, no utility accounts, travel/work logs inconsistent with co-residence.
Assess pardon/reconciliation options—carefully.
- If applicable before any complaint is filed, a valid pardon/consent to both parties can bar prosecution. Get legal help to structure this properly.
Anticipate protective orders and comply strictly.
- If a TPO/PPO is sought under RA 9262, obey immediately. Violations create separate criminal exposure.
Mind your digital and social-media footprint.
- Lock down privacy settings; avoid posts that can be portrayed as public displays or admissions.

8) Criminal Procedure Roadmap (What the Process Looks Like)

Sworn Complaint by the wife filed with the prosecutor (naming both husband and alleged concubine).
Preliminary Investigation: submit counter-affidavit with annexes; raise procedural and substantive defenses early.
Resolution & Information: if probable cause is found, the case is filed in court; a warrant may issue. Coordinate on bail.
Arraignment & Trial: prosecution must prove the alleged mode; defense can move to dismiss for variance or failure to prove public scandal/residence elements.
Judgment & Remedies: acquittal or conviction; appeal as advised by counsel.

Venue is usually where the offense (e.g., cohabitation or scandalous acts) occurred or where the conjugal dwelling is located.

9) Practical Checklists

A. Immediate Checklist (still cohabiting)

Retain counsel; channel all communications through counsel.
Do not allow any third party to reside (or appear to reside) in the family home.
Preserve devices and records; make secure, read-only backups.
Collect proof of actual household residents (IDs, barangay/HOA certifications).
Identify neutral witnesses (neighbors, household staff).
Review social media; set to private; refrain from posts.
Plan for possible RA 9262 protective orders; always comply.

B. Evidence Packet by Mode Alleged

“Kept in conjugal dwelling”

Proof of household composition; no third-party residency.
Utility bills, deliveries, access logs, CCTV.
Witnesses confirming no mistress resides there.

“Scandalous circumstances”

Lack of publicity/notoriety; context rebutting any photos/videos.
Affidavits showing events were private, not public.
Reputation evidence in the community (no scandal complaint, etc.).

“Cohabiting elsewhere”

No lease/utility link to you + alleged concubine.
Work/travel logs showing inconsistent presence.
Receipts/CCTV around alleged residence disproving co-residence.

10) Strategic Considerations

Mode specificity is your friend. Insist that the complaint clearly alleges one mode, and hold the prosecution to it.
Proving “scandal” is difficult without publicity or notoriety. Private conduct typically isn’t “scandalous.”
Still cohabiting often weakens “cohabiting elsewhere”; focus on household-residency proof to defeat “keeping in conjugal dwelling.”
Early, well-documented reconciliation may open pardon options that legally bar filing—but only if done before the complaint is filed and extended to both accused.
Avoid counter-offensives (e.g., libel cases) until your criminal exposure is stabilized; these can inflame the situation.

11) Frequently Asked Questions

Q: Can private chats/photos prove concubinage? A: They can be evidence of intimacy, but without public scandal or co-residence, they often fall short of the specific modes required.

Q: If my spouse forgives me after filing, does the case end? A: Generally no. Pardon that bars prosecution must be before filing and extended to both the husband and the alleged concubine.

Q: We’re still living together. Can I be convicted for “cohabiting elsewhere”? A: That mode requires living together in another place. If you truly remain in the conjugal home and do not maintain a second residence, that mode is typically not met.

Q: What does “keeping in the conjugal dwelling” mean? A: Not a brief visit—it’s maintaining the other woman as a resident in the family home.

Q: Is bail available? A: Yes. Coordinate with counsel to arrange bail promptly if a warrant issues.

12) Action Plan You Can Start Today

Consult counsel and map the alleged mode.
Assemble a residency dossier proving who lives (and doesn’t live) in your home.
Document absence of scandal (no public displays; affidavits from neighbors/HOA).
Shut down any optics that could be misread as co-residence or public scandal.
Consider structured reconciliation (if appropriate) to explore pre-filing pardon, handled by counsel.

If you want, share the exact allegation wording (or a redacted copy of the complaint/subpoena). Based on the mode alleged, I can draft a tailored counter-affidavit outline and an evidence checklist specific to your facts.