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CONCUBINAGE

Concubinage under Philippine law refers to a married man keeping a mistress in his conjugal home, having open and scandalous sexual relations with her elsewhere, or cohabiting with her. To be guilty of concubinage, the concubine must live in the marital home, even briefly, or the relationship must be openly flaunted in a way that shocks the public. Merely having separate sexual encounters or a separate residence is not sufficient for concubinage. Unlike adultery, each sexual act does not constitute a separate offense, as concubinage is treated as continuous crime. Both the man and concubine can be held liable under the law.

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JISSON S. CALIMOTAN
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304 views

CONCUBINAGE

Concubinage under Philippine law refers to a married man keeping a mistress in his conjugal home, having open and scandalous sexual relations with her elsewhere, or cohabiting with her. To be guilty of concubinage, the concubine must live in the marital home, even briefly, or the relationship must be openly flaunted in a way that shocks the public. Merely having separate sexual encounters or a separate residence is not sufficient for concubinage. Unlike adultery, each sexual act does not constitute a separate offense, as concubinage is treated as continuous crime. Both the man and concubine can be held liable under the law.

Uploaded by

JISSON S. CALIMOTAN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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CONCUBINAGE

I. How committed/Concept: The crime committed by a married man who:

1. Shall keep a mistress in the conjugal dwelling

a). the concubine must live in the conjugal dwelling even for brief periods of time, and
not where she occasionally comes for a tryst or to spend the night therein

2. Shall have sexual intercourse with her under scandalous circumstances

a). Proof of sex is not necessary but may be inferred


b). There be a public or open flaunting of the illicit relationship so that the public is
scandalized, shocked, or the conduct give rise to general protest, or that the relationship
sets a bad example. 
c). Example: being seen with the woman in social and public gatherings; introducing or
treating the woman as though she were the wife   
d) Since public reaction is gauge of the scandal is there concubinage if:

   (i) openly going out is in places where the two are total strangers
   (ii) relatives and acquaintances accept the fact of the relationship, as when the wife
left the man who now is cared and loved by another woman?

3. Cohabit with her in any other place

a). To cohabit is to live together as husband and wife.


b) QUESTION: Is concubinage committed by the man in providing the woman her own
house or apartment but does not live with her though he regularly visits her thereat, at
which time they engage in sex?    

II. Unlike in adultery, the fact of criminal conversation or sexual intercourse with a
woman does not per se give rise to concubinage. Further, each sexual act is not a
separate offense because concubinage is treated as a continuing crime.

Note:  In adultery the penalty is the same for both the woman and man (Prision
correctional medium and maximum) but in concubinage the penalty for the man is lower
by one degree ( prision correctional minimum and medium) while the  concubine is
given a separate penalty which is destierro.

III. The woman is liable if she knows him to be married (even if unhappily at that
and even if her purpose is to provide comfort and companionship)

IV. The defenses available in adultery also apply such as consent and pardon. 

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