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Concubinage Defense
Concubinage Defense
a). the concubine must live in the conjugal dwelling even for brief periods of time, and not where she
occasionally comes for a tryst or to spend the night therein
(i) openly going out is in places where the two are total strangers
(ii) relatives and acquaintances accept the fact of the relationship, as when the wife left the man who
now is cared and loved by another woman?
II. Unlike in adultery, the fact of criminal conversation or sexual intercourse with a woman does
not per se give rise to concubinage. Further, each sexual act is not a separate offense because
concubinage is treated as a continuing crime.
Note: In adultery the penalty is the same for both the woman and man (Prision correctional medium and
maximum) but in concubinage the penalty for the man is lower by one degree ( prision correctional
minimum and medium) while the concubine is given a separate penalty which is destierro.
III. The woman is liable if she knows him to be married (even if unhappily at that and even if her
purpose is to provide comfort and companionship)
IV. The defenses available in adultery also apply such as consent and pardon.