ARTICLE. 334.

CONCUBINAGE
What is Concubinage?
It is committed by 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.
What are the elements
of Concubinage?
1)The man must be married.
2)That he committed any of the
following acts:
a) Keeping a mistress in the
conjugal dwelling,
b) Having sexual intercourse
under scandalous circumstances
with a woman who is not his wife;
c) Cohabiting with her in any
other place
3)That as regards the woman, she
must know him to be married.
What are the differences between adultery and
concubinage?
ADULTERY
• is committed by a wife (who
must also be charged together
with the other man)
• Proof of sexual intercourse is
enough.
CONCUBINAGE
• is committed by a husband (who
must be charged together with
the concubine).
• the prosecution must prove that
the sexual intercourse must be
under scandalous circumstances,
or that the husband kept a
mistress in the conjugal dwelling
or cohabited with her in any
other place.
What are the differences between adultery and
concubinage? (continued)
ADULTERY
• the penalty for the other man in
adultery is the same as that of
the guilty wife, prision
correccional, in its medium and
maximum periods.
CONCUBINAGE
• The penalty is prision
correccional, in its minimum and
medium periods. The penalty for
the concubine is only destierro.
• Destierro means banishment or
only a prohibition from residing
within the radius of 25
kilometers from the actual
residence of the accused for a
specified length of time. It is not
imprisonment.
Who can file the action for adultery or concubinage?

Only the offended spouse can legally file the complaint for adultery or
concubinage. The marital status must be present at the time of filing the
criminal action. In other words, the offended spouse must still be married to
the accused spouse at the time of the filing of the complaint.
Who must be prosecuted?

The offended party cannot institute the criminal charge without including
both guilty parties (the offending spouse and the paramour), if both are
alive.
What is the effect of consent or pardon by the offended spouse?

The criminal charge cannot prosper if the offended spouse has consented
to the offense or pardoned the offenders. Pardon can be express or
implied. An example of express pardon is when the offended party in
writing or in an affidavit asserts that he or she is pardoning his or her
erring spouse and paramour for their act. There is implied pardon when
the offended party continued to live with his spouse even after the
commission of the offense. Pardon must come before the institution of the
criminal action and both offenders must be pardoned by the offended
party.