Adultery Versus Concubinage

These are crimes of infidelity.  Both crimes are committed when the parties are lawfully married, meaning they have celebrated their marriage under the Philippine laws.  Thus, if the parties are not married, regardless of multiple partners the other party may have, or regardless of how infidel the other party may be in the eyes of the other party, the aggrieved party cannot file adultery or concubinage as the case may be.

Thus, inorder, that this case may be filed in court, basic consideration is the marriage of the parties.

How do adultery and concubinage differ from each other?  

The following are the basic definitions of both adultery and concubinage as provided by the Revised Penal Code of the Philippines:

Article 333 states that "Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void."

Article 334  states how the husband may be charged with concubinage.  "Any husband who shall keep his 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."

Aggrieved Party:

In Adultery, the aggrieved party or the victim is the husband.  Basically, the offender is the married woman or the legal wife. While in Concubinage, it is the legal husband who is the offender and the legal wife is the aggrieved party or the victim. 

Note that the mistress or the other man (kabit), may only be implicated to the said crime if she/he knows that the offender is married at the time of the commission of the alleged offense.

How the crime is committed?

In adultery mere sexual intercourse of a married woman with a man not her husband shall constitute the crime.  Even if the sexual intercourse only happens once or on a one-night stand scenario, the wife commits the crime of adultery.

In concubinage, the act of having sexual affair of a married man to a woman not her wife does not necessarily constitute the crime.  Regardless of the frequency of the illicit affairs, the husband may not be implicated.  Either of the following situation shall be shown inorder that the crime of concubinage shall be committed:

1.  The husband shall keep his mistress in the conjugal dwelling.

2.  The husband shall sexual intercourse with his mistress under scandalous circumstances.

3.  The husband shall cohabit with his mistress in any other place as husband and wife.

Pardon?

Despite knowledge of the commission of the crime, the act of pardon of the victim spouse to the offender shall exonerate the guilty spouse to the said crime.  Said pardon shall also benefit the mistress or the kabit of the guilty spouse.

Mere sexual intercourse of the husband and wife after knowing the illicit affair committed by the guilty spouse shall constitute the act of pardon.  Thus, the victim spouse can no longer file a case of adultery or concubinage if he/she has had a sexual intercourse with his/her wife/husband after knowing the incident.

The pardon shall not apply to adultery or concubinage incident committed after the former was given.