Family Law Guide
Nahuling May Kabit: Understanding Concubinage and Legal Options in the Philippines
Discovering that your spouse has been unfaithful is painful, but Philippine law provides specific remedies. Understanding concubinage and adultery — and how they differ — is the first step toward making an informed decision.
What Is Concubinage Under Philippine Law?
Concubinage is defined under Article 334 of the Revised Penal Code. It is committed by a married man who:
- Keeps a mistress in the conjugal dwelling; or
- Has sexual intercourse under scandalous circumstances with a woman who is not his wife; or
- Co-habits with a woman who is not his wife in any other place.
A key feature of concubinage is that it requires participation by both the husband and the other woman (the “kabit”). Unlike adultery, where a wife can be charged alone, concubinage requires proof that the husband and the other woman cohabited or engaged in a relationship — not just a single act of infidelity.
Can You Sue Only the Other Woman?
A common question is: “Gusto ko lang kasuhan ang babae, ayaw ko madamay ang aking asawa.”
The answer is no — concubinage, by its legal definition, involves both the husband and the other woman. The crime cannot be committed by the “kabit” alone. If charges are filed, both must be included as respondents. However, if the other woman is a licensed professional or a government employee, you may also file an administrative case against her for gross immorality before her professional regulatory board or government agency, which does not require including your husband.
Concubinage vs. Adultery: Key Differences
| Concubinage (Husband) | Adultery (Wife) |
| Requires cohabitation or scandalous circumstances | A single act of sexual intercourse is enough |
| Penalty: prision correccional (6 months to 6 years) | Penalty: prision correccional (6 months to 6 years) |
| Both husband and “kabit” must be charged | Wife and her lover must be charged together |
What About Legal Separation or Annulment?
Infidelity is also a ground for legal separation under the Family Code. If you prefer not to file criminal charges, you may file a petition for legal separation on the ground of marital infidelity. This addresses the civil aspect — separation of property, custody of children, and support — without putting anyone in jail. If the marriage is beyond repair, annulment or declaration of nullity may also be an option.
Frequently Asked Questions
What evidence do I need to prove concubinage?
Photos, messages, testimonies from witnesses who have seen the couple cohabiting, rental contracts, and other documentary evidence showing an ongoing relationship. For adultery, proof of a single sexual encounter may suffice, but for concubinage, the evidence must show cohabitation or a scandalous relationship.
How long does a concubinage case take?
Criminal cases can take several months to years depending on the court’s docket. The preliminary investigation alone at the prosecutor’s office may take 2–3 months before the case is filed in court.
Can I file a case even if we are separated but not yet divorced or annulled?
Yes. As long as the marriage is valid, the crime of concubinage or adultery can be prosecuted even if the spouses are living apart. The separation does not extinguish the marriage bond.
Legal Disclaimer
The information on this page is for general legal information only and does not create an attorney-client relationship. Laws, rules, fees, procedures, and office requirements may change. For advice specific to your situation, consult a qualified Philippine lawyer. AttyKalibre Legal Center provides free legal information and general legal guidance. Reading this page does not constitute legal advice or establish a lawyer-client relationship.