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Concubinage

1.

What is concubinage?

Concubinage is committed by a married man who shall keep a mistress in the
conjugal dwelling, or shall have sexual intercourse with a woman not his wife under
scandalous circumstances or shall cohabit with her in any other place.
“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, shall be punished by prision
correccional in its minimum and medium periods. The concubine shall suffer the
penalty of destierro.” (Article 334 of the Revised Penal Code)
2.

What are the elements of concubinage?

The elements of the crime of concubinage are:
The man must be married;
That he committed any of the following acts:
Keeping a mistress in the conjugal dwelling
Having sexual intercourse under scandalous circumstances with a woman who is not
his wife
Cohabiting with her in any other place
As regards the woman, she must know him to be married.
3.

What is a conjugal dwelling?

It is the home of the husband and wife even if the wife happens to be temporarily
absent on any account.
4.
What do you mean by scandal as used in Article 334 of the Revised Penal
Code of the Philippines?
The scandal spoken of in Article 334 consists in any reprehensible word or deed that
offends public conscience, redounds to the detriment of the feelings of honest
persons, and gives occasion to the neighbor’s spiritual damage or ruin.
5.

What do you mean by “cohabit”?

Cohabit means to dwell together, in the manner of husband and wife, for some
period of time, as distinguished from occasional transient interviews for unlawful
intercourse.

No. It is significant that while the State. it is cohabiting in a state of adultery. Who are liable for the crime of concubinage? The persons liable for the crime of concubinage are: The married man. 30 June. The so-called exclusive and successive rule in the prosecution of the first four offenses above mentioned do not apply to adultery and concubinage. Pitoc. rape and acts of lasciviousness. as parens patriae. or longer. and no other. The woman who knew that the man was married. I discovered that my brother-in-law had been cheating on my sister who is currently based in Spain. only the offended spouse. such amendment did not include the crimes of adultery and concubinage. Can I file a crime of concubinage against him in her behalf? No. 7. Ibay-Somera. is authorized by law to initiate the action therefor. 18513.To "cohabit. . abduction.R. and comprises a continued period of time. a month. but still it is one offense only. or in sexual intercourse. Unlike the offenses of seduction. Thus these crimes cannot be prosecuted except upon the complaint filed by the offended spouse. was added and vested by the 1985 Rules of Criminal Procedure with the power to initiate the criminal action for a deceased or incapacitated victim in the aforesaid offenses of seduction. The law specifically provides that in prosecutions for adultery and concubinage the person who can legally file the complaint should be the offended spouse. and nobody else. 1922) 6. G. 18 September. 1989) 8.R. Who may file the case of concubinage against the unfaithful spouse? Only the offended spouse can file a case of concubinage against the offending spouse. grandparents or guardian. and it may be a week. (People v. In other words. in default of her parents. G. (Pilapil v. no provision is made for the prosecution of the crimes of adultery and concubinage by the parents. This is because adultery and concubinage are considered as private crimes. 80116." according to the sense in which the word is used in a penal statute. only the offended spouse can legally file the action for concubinage. No. a year. means dwelling together as husband and wife. grandparents or guardian of the offended party. Hence the offense is not the single act of adultery. rape and acts of lasciviousness. abduction.

What is “Destierro”? Those sentenced to destierro shall be precluded from entering the place or places designated in the sentence. or within the radius therein designated. where the immoral life her husband was . or shall cohabit with her in any other place. despite her knowledge all through the years of his affairs. Valdez. 1902) 11. 25 February. under scandalous circumstances. without its having occurred to her denounce such unlawful conduct. 12. G. 9. If the wife waited 10 years to file a case of concubinage against her husband and his paramour. or shall have sexual intercourse. which shall include a distance of 25 kilometers at least. The concubine shall suffer the penalty of destierro. 4 months and 1 day to 6 years. 513. No one else can file the action of concubinage against the guilty spouse in her behalf. the guilty spouse faces imprisonment of 6 months and 1 day to 2 years and 4 months. Why is the crime of concubinage punished less severely than the crime of adultery? This is so adultery makes it possible for the introduction of another man’s blood into the family so that the offended husband may have another man’s son bearing his name and receiving support from him. will he be charged? No. The long period of time of over ten years that elapsed during which her husband Juan Rivera was separated from her after 1902 and living in marital relations with Rafaela Vitug. What is the penalty of concubinage? A man convicted for the crime of concubinage may face imprisonment of 2 years. although they lived in the town of Lubao. it is your sister who has to file a complaint for concubinage against her husband.In your case. “Any husband who shall keep a mistress in the conjugal dwelling. from the place designated. with a woman who is not his wife. (Legarda v. shall be punished by prision correccional in its minimum and medium periods. The wife’s failure to file a charge of concubinage against her husband immediately upon her knowledge of his affairs counts as an implied condonation of her husband’s acts of infidelity. No. If the concubinage was committed because of the abandonment by the offended spouse. Even parents and grandparents of the offended spouse are barred from filing charges against the guilty spouse.R.” (Article 334 of the Revised Penal Code) 10. and 250 kilometers at most.

is proof of her consent thereto. frequent places where large crowds gather. G. when the two live within a town and in the same house as lawful husband and wife. you can file a charge for the crime of concubinage against your husband and his lover. and commit acts in plain sight of the community without caution and with effrontery. carries with it the circumstance of scandal required by the law to make his action criminal. Casipong. The unlawful union of a married man with a woman not his wife. Rivera. 6608. 10 September. Annulment of your marriage prior to the filing of the complaint of concubinage would remove the right to file an action for concubinage. the injured party has by such conduct demonstrated in an indubitable manner that if before 1912 she had given her consent to the illegal conduct of her husband. and when these conditions attend the conduct of a married persons it is indubitable that his concubinage with another woman. The fact that he had been flaunting his affair in the community may count as scandalous circumstances. 05 September. (United States v. it occurred to her to accuse him of adultery. 1912. If only in June. He even established his lover and their child in a house where they had been together for 3 years. 9540. Can I file a charge of concubinage against them notwithstanding the fact that I plan to file a petition for nullity of marriage in the future? Yes. 1914) 13. although a few days later she desisted from her complaint and on the next day by common accord they executed the agreement of separation set forth in the document at page 44. I am a wife who discovered that my husband has a second family.leading with the defendant Vitug was public and notorious. . No. G. However.R. No. Will the fact that I know he’s having an affair and flaunting it in front of our community be enough to charge him for the crime of concubinage? Yes. (United States v. The fact that he had cohabited with a woman not his wife is an element of concubinage. go together through the streets of the town. even though she does not live in his home. 1911) 14. ratified before a notary. the legal status of the offended spouse must be present at the time of the filing of the criminal act. I am a wife who knows that my husband has a lover. your husband can be charged for the crime of concubinage. This means that you must still be married to your husband at the time of the filing of the complaint. is a procedure that gives rises to criticism and general protest among the neighbors and by its bad example offends the conscience and feelings of every moral person.R.

Mere knowledge of your husband’s transgressions is not enough to charge him with the crime of concubinage. may be termed as cohabitation with a woman who is not his wife. We are of the opinion and so hold that such association is sufficient to constitute a cohabitation within the meaning of the law even disregarding proofs of actual sexual intercourse. under scandalous circumstances. . it seems that my husband was bringing his paramour to our house and letting her act as the wife. 16. they dwelt together as husband and wife in the same house for seven days and nights where they slept together and alone in one room. He and his coaccused dwelt together as husband and wife in the same house in Naga.R. The guilty husband must have had sexual intercourse with a woman not his wife. I am a wife that discovered that my husband had cheated on me several years ago. I am a wife who had discovered that my husband had been having an affair for years. I had discovered that my husband had been visiting various vacation spots with his mistress. Thus. According to Art. Can I file a charge of concubinage against him? Yes. there must be several elements that should be present: The guilty husband must have kept the mistress in the conjugal dwelling. 1941) 17. Can I charge him with the crime of concubinage? No. She had been staying for months at a time. People. Thus. one of the elements of adultery is that a married man has been keeping a mistress in the conjugal dwelling. L-44756. 334 of the Revised Penal Code. Albay. The guilty husband must cohabit with his lover in any other place. again. and staying with her for days at length. in Tiwi. where they were seen attending shows and dances. Petitioner's conduct with his coaccused was not confined to isolated interviews for unlawful intercourse. for the crime of concubinage to be charged against your husband.15. For the crime of concubinage to be established. You can file a charge of adultery against him. Can I file a charge of concubinage against him? Yes. Every single time that I was abroad. No. Camarines Sur. 10 June. The acts of your husband purporting that the woman accompanying him in various vacation spots is his wife. (Ocampo v. you must prove one of the elements stated above. G. the act of your husband in letting his mistress stay in the conjugal dwelling for months is the element necessary to establish the act of concubinage committed.

18. . For the criminal charge of concubinage to prosper. The criminal charge cannot prosper if the offended party has consented to the offense or pardoned the offenders. I already forgave him but I wish to teach her a lesson. pardon by the offended spouse renders the filing of the charge against the guilty parties void. I recently discovered that my husband was cohabiting also with our neighbor. Can I file a charge of concubinage against the lover only? No. the offended spouse must institute the crime against both the guilty parties (the guilty spouse and the lover). Furthermore. You just cannot file a charge against the lover without including the guilty spouse.