Article 334 of the Revised Penal Code: Concubinage
Status: In force
What does Article 334 say?
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 does it mean in plain language?
Article 334 says a husband commits concubinage in three ways: by keeping a mistress in the conjugal dwelling, by having sexual intercourse under scandalous circumstances with a woman who is not his wife, or by living with her in any other place. The husband is punished by prision correccional in its minimum and medium periods. The woman, called the concubine in the article, is punished by destierro.
Concubinage is the crime for a husband's infidelity. A wife's infidelity is covered by a different crime, adultery under Article 333, which needs only proof of sexual intercourse.
How does it work in real life?
Ana: a husband living in another town
Ana learns that her husband, Rod, has been living with another woman, Cely, in a rented house in another town for over a year. Cely knows Rod is married. Living together as husband and wife for some period of time is cohabiting "in any other place", the third way. If Ana files a complaint, it must name both Rod and Cely.
Rod: a mistress at home
While Ana works abroad, Rod brings Cely to live in their family home. This is keeping a mistress in the conjugal dwelling, the first way.
Rod: one night out
Rod spends one night with a co-worker at a hotel, discreetly, and they do not live together. Without a mistress in the home, scandalous circumstances or cohabitation, this does not fit any of the three ways in Article 334. Other remedies may still exist, such as legal separation or a case under Republic Act No. 9262.
What does this mean in practice?
- VAWC. In XXX v. People (2024), the Supreme Court, sitting En Banc, held that a husband's marital infidelity is tantamount to psychological violence punishable under Republic Act No. 9262, Section 5(i), when it causes mental or emotional anguish to the wife. That is a separate case from concubinage. See how to file a VAWC case.
- Legal separation. Sexual infidelity is a ground for legal separation under Article 55 of the Family Code. See grounds for legal separation.
- Prescription. Crimes punishable by a correctional penalty prescribe in ten years under Article 90.
- Legal help. For questions about a specific situation, see find legal help.
- For a question-and-answer guide, see adultery and concubinage: what must be proved and the penalties.
What are the three ways to commit concubinage?
In Singgit v. People (2023), the Supreme Court listed the elements:
- The man is married.
- He did one of these:
- kept a mistress in the conjugal dwelling;
- had sexual intercourse under scandalous circumstances with a woman who is not his wife;
- cohabited with her in any other place.
- The woman knew him to be married.
One of the three acts is enough. For the third, the Court said that whether the place is a private or conjugal dwelling does not matter, and neither does the presence of scandalous circumstances. It explained that "the term "cohabit" means to dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional, transient interviews for unlawful intercourse."
What is the penalty?
The penalty for the husband is "prision correccional in its minimum and medium periods". For the woman, the article's second paragraph says:
The concubine shall suffer the penalty of destierro.
| Person | Penalty | Range |
|---|---|---|
| The husband | Prision correccional in its minimum and medium periods | 6 months and 1 day to 4 years and 2 months |
| The woman | Destierro | She is banned from entering a place set by the court, for 6 months and 1 day to 6 years |
The ranges come from Articles 27 and 76. In Singgit, the Supreme Court stated the same penalties: prision correccional in its minimum and medium periods for the offending spouse, and destierro for the concubine. There is no fine in Article 334.
Who can file the case, and what about pardon?
The rule is in the Rules of Criminal Procedure (Rule 110, Section 5), and the Supreme Court applied it in Busuego v. Office of the Ombudsman (2013) and Alonte v. Savellano (1998):
- Only the offended spouse files. The case starts only with a complaint by the wife.
- Both must be included. The complaint must include the husband and the woman, if both are alive. In Busuego, the Court upheld an order to include the two women named in the complaint instead of dismissing it.
- Consent or pardon before filing bars the case. In Alonte, the Court quoted an older ruling: the pardon "must come before the institution of the criminal prosecution and must be for both offenders to be effective".
Pardon must be of the acts themselves. In Busuego, the wife had said that she believed her husband "had stopped womanizing". The Court held that this "does not amount to condonation" of the specific acts of concubinage charged.
How is concubinage different from adultery?
| Concubinage (Art. 334) | Adultery (Art. 333) | |
|---|---|---|
| Who commits it | A married husband, and the woman who knows he is married | A married woman, and the man who knows she is married |
| What must be proved | One of three acts: mistress in the conjugal dwelling, intercourse under scandalous circumstances, or cohabiting elsewhere | Sexual intercourse |
| Penalty for the spouse | Prision correccional, minimum and medium periods | Prision correccional, medium and maximum periods |
| Penalty for the partner | Destierro | The same as the wife |
For the two crimes side by side, see adultery vs concubinage.
Frequently asked questions
What is concubinage in the Philippines?
Under Article 334 of the Revised Penal Code, a husband commits concubinage when he keeps a mistress in the conjugal dwelling, has sexual intercourse under scandalous circumstances with a woman who is not his wife, or cohabits with her in any other place.
What is the penalty for concubinage?
For the husband, prision correccional in its minimum and medium periods, from 6 months and 1 day to 4 years and 2 months. For the woman, destierro, which bans her from a place set by the court.
Is one act of cheating enough for concubinage?
Not by itself. The husband must keep the woman in the conjugal dwelling, have intercourse with her under scandalous circumstances, or cohabit with her elsewhere. In Singgit v. People (2023), the Supreme Court said that to cohabit means to live together as husband and wife for some period of time.
Can the wife file a case against the mistress only?
No. Under Rule 110, Section 5 of the Rules of Criminal Procedure, as applied by the Supreme Court in Busuego v. Office of the Ombudsman (2013), the complaint must be filed by the offended spouse and must include both guilty parties if both are alive.
Is a husband's infidelity also a VAWC case?
It can be. In XXX v. People (2024), the Supreme Court, sitting En Banc, held that a husband's marital infidelity is tantamount to psychological violence punishable under Republic Act No. 9262, Section 5(i), when it causes mental or emotional anguish to the wife. That is separate from concubinage.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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