Adultery, as defined under Article 333 of the RPC, is committed by a married woman and her paramour who knows of her marital status, when they engage in sexual intercourse. 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. Having cohabited with a new partner without dissolving the first marriage, they are branded by the law as criminals guilty of adultery, concubinage—or even bigamy, when they remarry without a prior marriage annulment. The Constitutional Court stressed in its ruling that decision to maintain marriage and family should depend on the free will and affection of individuals, which should not be controlled by criminal punishment, adding that it would not be an effective means to achieve the purpose to protect the marriage system . 333. Who are guilty of adultery. You can download the paper by clicking the button above. At the time, concubinage was not only a legal violation; it was also considered taboo. “Now, the law specifically provides that in prosecutions for adultery and concubinage the person who can legally file the complaint should be the offended spouse, and nobody else. Legislators in the Philippines have been trying to amend the adultery law for years. Nicolas & De Vega Law Offices is a Philippine law firm with family lawyers and attorneys who assist clients involving family matters in the Philippines. 333. Who are guilty of adultery. • Adultery is committed by a wife and should be charged together with the other man, while concubinage is committed by a husband and should be charged together with the other woman or concubine. The remedy of an offended spouse under Article 26 of the Civil Code to file a complaint for damages against the paramour or mistress for meddling with, or disturbing, their private life or family relations (i.e. Both are deemed “crimes against chastity” under the Revised Penal Code of the Philippines and are treated as sexual infidelity in the Family Code. These differences also affect the number of times that the offending spouse may be held liable for an extra-marital affair. The remedies of an offended spouse under the Family Code to (a) file for legal separation on the ground of sexual infidelity; (b) file a petition for declaration of nullity of marriage when the sexual infidelity is of such nature that it manifests a psychological incapacity to comply with their essential marital obligations; 2. An offending wife and her paramour may be held criminally liable for each act of adultery as may be proven by the offended husband since the crime is merely committed through extra-marital sexual intercourse. L-45987, May 5, 1939 Despite the call to equality, the existing adultery and concubinage provisions in the Philippine Revised Penal Code discriminates women. The Concubine law is a law that simply says this, verbatim: Article #334 Under the Revised Penal Code – Concubinage — Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under Sorry, preview is currently unavailable. However, the plurality of extra-marital sexual acts in the crime of concubinage does not have that same implication, since the crime may be committed through cohabitation with a paramour. However, it should not be considered as a criminal offense that is punishable by fine and/or imprisonment. No crime without law. Nicolas & De Vega Law Offices (NDV Law) is a full-service firm in the Philippines. This website uses cookies so that we can provide you with the best user experience possible. — 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. Art. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. Further, each sexual act is not a separate offense because concubinage is treated as a continuing crime. In adultery, the prescribed penalty for the offending wife and her guilty paramour is prisión correccional in its medium and maximum periods (imprisonment which ranges from 2 years, 4 months and 1 day to  6 years). Adultery shall be punished by prision correccional in its medium and maximum periods. 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