Concubinage, A334 Revised Penal Code

Concubinage is an offense whereby a married man has sexual intercourse with a woman not his wife under scandalous circumstances.

1. Concept

Concubinage – is “committed by a married man who has carnal knowledge of a woman not his spouse under scandalous circumstances.” (Anonymous Complaint v. Dagala, A.M. No. MTJ-16-1886, July 25, 2017, Per Leonen, J., Concurring and Dissenting Opinion)

a. Legal basis

Article 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.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) Keeping a mistress in the conjugal dwelling;

2) Sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or

3) Cohabiting with a woman who is not his wife in any other place. (Ocampo v. People, En Banc, G.R. No. L-47756, June 10, 1941, Per Morgan, J.; Buseugo v. Ombudsman, G.R. No. 196842, October 9, 2013, Per Perez, J.)

a. Mode 1: Keeping a mistress in conjugal dwelling

Elements of the offense of concubinage by keeping a mistress in the conjugal dwelling:

1) The offender is a married man; and

2) He keeps a mistress in the conjugal dwelling. (RE...