In the Philippines, the issue of concubinage stands as a complex and often misunderstood topic. Defined under the Revised Penal Code, concubinage refers to the act of a married man cohabiting with a woman who is not his wife under certain conditions. This offense carries significant legal consequences and necessitates a deeper understanding of its complexities.
What are the elements of concubinage?
The following are the elements of concubinage:
- That 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; or
- Cohabiting with her in any other place; and
- That as regards the woman, she must know him to be married.
What does the phrase “scandalous circumstances” mean?
Scandal produced by the concubinage of a married man occurs not only when (1) he and his mistress live in the same room of a house, but also when (2) they appear together in public, and (3) perform acts in sight of the community which gives rise to criticism and general protest among the neighbors.
Who can initiate the action for adultery or concubinage?
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. Unlike the offenses of seduction, abduction, rape and acts of lasciviousness, no provision is made for the prosecution of the crimes of adultery and concubinage by the parents, grandparents or guardian of the offended party.
Source:
The Revised Penal Code
