All About Concubinage

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What is concubinag mean?

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. Provision: Article 334, RPC What is adultery mean? 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. Take note, each sexual intercourse constitutes a crime of adultery. Provision: Article 333, RPC. 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. What is destierro mean? Destierro means banishment or only a prohibition from residing within the radius of 25 kms. from the actual residence of the accused for a specified length of time. It is not imprisonment. Persons(s) who can file the action for adultery or concubinage: Only the offended spouse can legally file the complaint for adultery or concubinage. The marital status must be present at the time of filing the criminal action. In other words, the offended spouse must still be married to the accused spouse at the time of the filing of the complaint. Who must be prosecuted? The offended party cannot institute the criminal charge without including both guilty parties (the offending spouse and the paramour), if both are alive.

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