Adultery and Concubinage Q and A: Clearing Misconceptions

The Legal Definition

Adultery and concubinage are offenses punished under the Revised Penal Code.

Adultery is committed by any married woman who 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 void.1

Adultery, kung ang minyo na babaye makig hilawas sa laing lalaki na dili iyahang bana, ug
sa lalaki na makighilawas sa maong babaye na kabalo siya na minyo,.

Concubinage is committed by any husband when: 2

1. He keeps a mistress in the conjugal dwelling; or,
2. Shall have sexual intercourse, under scandalous circumstances, with a woman
who is not his wife; or,
3. Shall cohabit with her in any other place.3

Concubinage, ang usa aka minyo na lalaki mamahimong guilty kung:

1. Nakig ipon ug babayi sulod sa panimuyo (parehag balay sa asawa); o
2. Makighilawas sa laing babayi na dili iyang asawa (under scandalous circumstances
– difficult to translate); o
3. Makig ipon sa babayi isip bana ug asawa.

Questions and Answers

(Q1) Is it correct to say that adultery is committed by a wife and concubinage is

committed by the husband only?

The persons who can be liable for adultery are the wife and the paramour (a man not
her husband and who has knowledge of the wife being married).

1 Art. 333, Revised Penal Code. “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.”

2 Art. 334, Revised Penal Code. — “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.”

3Pp. v. Pitoc, G.R. No. 18513. September 18, 1922. “Hence, the meaning of the word cohabit here must relate and he
confined to the subject matter of the law itself. When used in that sense, it should be construed to mean "to dwell or live
together as husband and wife; to live together as husband and wife although not legally married; to live together in the
same house, claiming to be married; to live together at bed and board.”
The persons who can be liable for concubinage are the husband and the mistress (who
has knowledge that the man is married).

(Q2) Can the police file a complaint of adultery or concubinage?

Adultery and concubinage are private crimes. The police or the prosecutor (law
enforcement officer) cannot file a case in court without the consent of the private-
offended party (husband or wife).

(Q3) We were living together and during our living together, my partner had sexual
relations with another man. Can I file a case of adultery against her and the other
man?

Nag ipon mi sa akong asawa, dili mi kasal, nakigdulog siya sa laing laki. Pwede ba nako
kasuhan ug adultery?

No, there must be a valid and existing marriage to be able to file a criminal case of
adultery and concubinage.

Dili, kinahanglang adunay balido na kasal aron ka maka file ug kaso kon adultery o
concubinage.

(Q4) I forgave my husband for cohabiting with another woman, can I file a case
against the woman and not my husband.

Akon a gipasaylo akong bana sa iyahang pakig ipon ug laing babaye, pwede ra ba na ang
babaye ra ang kasuhan?

In prosecuting adultery and concubinage, the wife and paramour or the husband and
mistress should be prosecuted.

(Q5) My wife had sexual relations with another woman. Are they liable for adultery?

Akong asawa nakighilawas sa laing babaye. Pwede ba nako sila kasuhan ug adultery.

No. The law expressly provides that “Adultery is committed by any married woman
who have sexual intercourse with a man not her husband..”.

Dili pwede. Ang balaud klaro nag ingon na ang Adultery nabuhat kung ang usa ka minyo
na babae, nakighilawas sa laing “lalaki” na dili iyahang bana.