Primer on Concubinage, Adultery and Bigamy

Atty. FredMarch 1, 2013Criminal Law, Family Law

The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a
married man. Other than the elements of the offense and the applicable penalties, both adultery and concubinage are
covered by basically the same set of rules and, therefore, would be discussed together.
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. Concubinage is defined and penalized under Article 334 of the Revised Penal Code, which reads:
Art. 334. Concubinage. 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, shall be punished by prision correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.
What is adultery?
Adultery means the carnal relation between a married woman and a man who is not her husband, the latter knowing
her to be married, even if the marriage be subsequently declared void. Each sexual intercourse constitutes a crime of
adultery. Concubinage is defined and penalized under Article 334 of the Revised Penal Code, which reads:
Art. 333. Who are guilty of adultery. 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.
Adultery shall be punished by prision correccional in its medium and maximum periods.
If the person guilty of adultery committed this offense while being abandoned without justification by the offended
spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.
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. The penalty for the concubine is only destierro,
while the penalty for the man other in adultery is the same as that of the guilty wife.