Adultery in the Philippines (Plus Concubinage)

Adultery in the Philippines can carry legal consequences as these are criminal cases that can be filed against a husband or wife for sexual infidelity.

This article discusses an Adultery Philippines case (or a Concubinage Philippines case) in depth, focusing on:

• Chapter 1: Explaining what Adultery in the Philippines is, the differences between Adultery vs Concubinage and who, where and how to file it.
• Chapter 2: 8 FAQ on Adultery and Concubinage cases (With jurisprudence)

As a senior paralegal for years, I’ve drawn on my experience to make this easy to read and factual by citing relevant laws and 9 landmark Philippine cases cited throughout.

Table of Contents

What is Adultery Philippines?

An Adultery Philippines case is a criminal case filed against a married woman and her partner in adultery for each act of sexual infidelity. On the other hand, Concubinage is a criminal case filed against a husband and his partner in sexual infidelity.

I’ll first discuss Adultery in the Philippines in this section.

Adultery in the Philippines has the following elements:

• The woman is married
• The woman had sexual intercourse with a man other than her husband
• The man she had sexual intercourse with knew she was married.

So, in an Adultery Philippines case, the case is filed against the wife.

If the husband is unfaithful, the correct case to file is Concubinage Philippines.

Concubinage in the Philippines has the following elements:

• The man is married
• The man does any one of the following:
  • Keep a mistress in the conjugal dwelling
  • Have sexual intercourse, under scandalous circumstances, with a woman who is not his wife
  • Cohabiting with such woman in any other place

  There are clear differences in Adultery vs Concubinage which I’ll go though in more detail in our next section.

  What’s the difference between Adultery vs Concubinage?

  Adultery vs Concubinage has several differences as to who is charged and the elements that must be proven, with Concubinage requiring not just sexual intercourse but living together or sex under scandalous circumstances.

  

  The differences between Adultery vs Concubinage are below:

  • Adultery is filed against the wife while Concubinage is filed against the husband
  • Adultery vs Concubinage treats each act of adultery as a separate crime while Concubinage does not.
  • Adultery vs Concubinage has lesser penalties.

  There is a pronounced difference in the way that an erring wife is treated vs an erring husband.

  An erring wife is treated more harshly than a husband.

  

  In addition, the requirements to legally hold an erring husband to account for his infidelity requires not just that he commit sexual infidelity but that he lives with or commits a scandal (implying that a sexual act that is not scandalous or sexual infidelity outside of the conjugal home or if they are not living together is permissible.)

  Adultery vs Concubinage thus seems to have a double standard and thus it has been proposed that the law be amended.

  Is Adultery in the Philippines Bailable? (or Concubinage in the Philippines)?

  

  Yes, Adultery in the Philippines or Concubinage is bailable.

  The bail is Php 36,000 for Adultery in the Philippines.

  Meanwhile, the bail is Php 30,000 for Concubinage in the Philippines.

  What is the Adultery Penalty Philippines? (or Concubinage Penalty Philippines)?

  

  The Adultery Penalty in the Philippines is prison correctional from the medium and maximum periods which translates to 2 years, 4 months and 1 day to 6 years for the wife and her paramour.

  The Concubinage Penalty Philippines on the other hand is prison correctional in its minimum to medium term which translates to 6 months and 1 day up to 4 years and 2 months imprisonment for the husband. The mistress is published by destierro.

  Who can file Adultery Philippines (or Concubinage Philippines)?

  

  The question of “Who can file for Adultery Philippines?” is that only a husband can file for Adultery in the Philippines and only a wife can file for Concubinage in the Philippines.

  These cases can only be filed if the parties are still married.

  If the marriage was annulled or otherwise legally ended, then the case cannot be filed.

  Where do I file a case for Adultery in the Philippines or Concubinage in the Philippines?

  

  The case is filed where the adulterous acts were committed or where the concubinage was committed.

  So, if the adultery was committed in Baguio, then the case must be filed in Baguio.

  And if the acts of concubinage were committed in Davao, then the case must be filed in Davao.

  Note that if the acts were committed abroad, then these acts cannot be tried in the Philippines since they are out of our jurisdiction.

  How to file a case for Adultery Philippines? (or Concubinage Philippines)

  Filing a case for Adultery in the Philippines or for Concubinage in the Philippines follows the same process a criminal case does, from filing a Complaint at the prosecutor’s office to the Promulgation of judgment in the court proper.

  

  The Adultery or Concubinage in the Philippines case process goes like this:

  • File a complaint with all the evidence at the Prosecutor’s Office
  • Prosecutor’s office will determine whether there is probable cause.
  • The prosecutor forwards the case to the court if the prosecutor finds the evidence strong enough.
  • The court conducts its own assessment and schedules Arraignment and Pre-Trial if the evidence is strong enough.
  • The trial commences with the Prosecution.
  • The defense can present its own witnesses or argue that insufficient evidence was presented.
  • The court pens a Decision and Promulgates Judgement.

  

  Expect the process for Adultery or Concubinage in the Philippines to be rather long.

  This is mainly because our courts are overworked and overflowing with cases.

  There are often several weeks or months between hearings.

  Considering that there is a trial and so much must be proven, this case can take several hearings. Even at the prosecutor’s level, the case can be subject to several back-and-forth exchanges.

  

  If you read the process in detail, you can also see that there are several places that the case for Adultery or Concubinage in the Philippines can be dismissed for lack of evidence.

  So, evidence is very important.

  When you file an Adultery Philippines case or a Concubinage Philippines case, you need to gather all the evidence and all the testimony you can. The case should be as complete as it possibly can be.

  There is a temptation to do it yourself, but the quality of evidence that you need requires an Adultery Lawyer in the Philippines to handle the case for you.

  This helps ensure that that the case is the strongest it can be.