Article 334.

CONCUBINAGE

What is Concubinage?

Concubinage 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?

1.) Adultery is committed by a wife (who must also be charged together with the other man),
while concubinage is committed by a husband (who must be charged together with the
concubine).

2.) Proof of sexual intercourse is enough in adultery, but in concubinage, 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.

3.) The penalty for concubinage is lower than that of adultery, which is prision correccional, in
its minimum and medium periods. The penalty for the concubine is only destierro, while 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.
What is 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.