On
Concubinage

Art.334

ELEMENTS:
1. The man must be married;
2. That he committed any of the following acts:

a. Keeping a mistress in the conjugal dwelling,
b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife,
c. Cohabiting with her in any other place;

3. That as regards the woman, she must know him to be married.

A married man is not liable for concubinage for mere sexual relations with a woman, not his wife.

CONJUGAL DWELLING means the home of the husband and wife even if the wife happens to be temporarily absent on any account.

SCANDAL consists of any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons, and gives occasion to the neighbors’ spiritual damage and ruin.

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.

That woman must be taken into the conjugal dwelling as a concubine

People in the vicinity are the best witnesses to prove scandalous circumstances

Adultery is more severely punished than concubinage.

The woman becomes liable only when she knew him to be married prior to the commission of the crime.

Bar Exam Question (1994)

Concubinage (1994)

Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter, Abe and Connie returned to the Philippines and lived as husband and wife in the hometown of Abe in Calamba, Laguna. 
1) Can Abe be prosecuted for bigamy? 
2) If not, can he be prosecuted for any other crime?

Suggested Answer:

1) No, Abe may not be prosecuted for bigamy ...
2) Yes, Abe, together with Connie, may be prosecuted for concubinage under Art. 334 of the Revised Penal Code for having cohabited as husband and wife. But concubinage being a private crime requires the sworn complaint of Liza, the offended spouse in accordance with Rule 110 of the Revised Rules on Criminal Procedure.

Bar Exam Question (2002)

Concubinage (2002)

A is married. He has a paramour with whom he has sexual relations on a more or less regular basis. They meet at least once a week in hotels, motels, and other places where they can be alone. Is A guilty of any crime? Why? 

Suggested Answer:

A is guilty of the crime of concubinage by having sexual intercourse under scandalous circumstances, with a woman who is not his wife. Having sexual relations on a more or less regular basis in hotels, motels and other places may be considered a scandalous circumstance that offends public conscience, giving rise to criticism and general protest such acts being imprudent and wanton and setting a bad example (People vs. Santos, 86 SCRA 705 [1978]).

Alternative Answer:

A is not guilty of any crime because a married man does not incur the crime of concubinage by merely having a paramour, unless under scandalous circumstances, or he keeps her in the conjugal dwelling as a mistress, or cohabits with her in any other place. His weekly meetings with his paramour do not per se constitute scandalous circumstance.