The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage,

committed by a married man. Other than the elements of the offense and the applicable penalties,
both adultery and concubinage are covered by basically the same set of rules and, therefore,
would be discussed together.

What is concubinage?
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. Concubinage is defined and penalized under
Article 334 of the Revised Penal Code, which reads:
Art. 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.
What is adultery?
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. Each
sexual intercourse constitutes a crime of adultery. Concubinage is defined and penalized under
Article 334 of the Revised Penal Code, which reads:
Art. 333. Who are guilty of adultery. 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.
Adultery shall be punished by prision correccional in its medium and maximum periods.
If the person guilty of adultery committed this offense while being abandoned without
justification by the offended spouse, the penalty next lower in degree than that provided in the
next preceding paragraph shall be imposed.
What are the 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?
Destierro means banishment or only a prohibition from residing within the radius of 25
kilometers from the actual residence of the accused for a specified length of time. It is not
imprisonment.

Who can file the action for adultery or concubinage?
Only the offended spouse can legally file the complaint for adultery or concubinage. Adultery
and concubinage are considered private crimes. These crimes cannot not be prosecuted except
upon a complaint filed by the offended spouse and nobody else.
Can parents and grandparents file the case?
No. Unlike the offenses of seduction, abduction, rape and acts of lasciviousness, there is no
provision for the prosecution of the crimes of adultery and concubinage by the parents,
grandparents or guardian of the offended party.
What if the case was filed after the spouses divorced or after the marriage was annulled?
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. Considering that only the legal spouse can file the complaint, the grant of divorce or
annulment removes the right to file an action for adultery or concubinage that was committed
prior to the divorce or annulment.
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.
What is the effect of consent or pardon by the offended spouse?
The criminal charge cannot prosper if the offended spouse has consented to the offense or
pardoned the offenders. Pardon can be express or implied. An example of express pardon is
when the offended party in writing or in an affidavit asserts that he or she is pardoning his or her
erring spouse and paramour for their act. There is implied pardon when the offended party
continued to live with his spouse even after the commission of the offense. Pardon must come
before the institution of the criminal action and both offenders must be pardoned by the offended
party.
What is bigamy?
Bigamy is basically the act of marrying again while the first marriage is still subsisting. It is
defined under Article 349 of the RPC as the contracting of a second or subsequent marriage
before the former marriage has been legally dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment rendered in the proper proceeding.
What are the elements that must be proved in a prosecution for bigamy?
In a case for bigamy, all the following matters or elements must be shown by the prosecution:
1. The offender has been legally married.
2. The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil Code.
3. He/she contracts a second or subsequent marriage.
4. The second or subsequent marriage has all the essential requisites for validity.
A pending petition for annulment or a declaration of nullity of marriage does not have any effect
on a criminal case for bigamy. Refer to our previous discussion on this.
How is bigamy different from adultery/concubinage?
In adultery/concubinage, the law requires that both culprits, if both are alive, should he
prosecuted or included in the information. In bigamy, the second spouse could be charged only if
she/he had knowledge of the previous undissolved marriage of the accused. Bigamy is a public
offense and a crime against status, while adultery and concubinage are private offenses and are
crimes against chastity. In adultery/concubinage, pardon by the offended party will bar the
prosecution of the case, which is not so in bigamy.
What if I killed or injured my spouse when I caught him/her in the act of committing sexual
intercourse with another person?
The law provides that any legally married person who, having surprised his spouse in the act of
committing sexual intercourse with another person, shall kill any of them or both of them in the
act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer
the penalty of destierro (RPC, Article 247). The accused spouse, which could be the husband or
the wife, must prove the following:
1. A legally married person (or a parent) surprises his spouse (or his daughter, under 18 years of
age and living with him), in the act of committing sexual intercourse with another person.
2. He or she kills any or both of them or inflicts upon any or both of them any serious physical
injury in the act or immediately thereafter.
3. He has not promoted or facilitated the prostitution of his wife (or daughter) or that he or she
has not consented to the infidelity of the other spouse.
The accused must proved that he/she actually surprised the other spouse in flagrante delicto (or
in the act of doing the deed), and that he/she killed the other spouse and/or the other party during
or immediately thereafter.

here are many questions relating to annulment and divorce in the Philippines, and many of the
concerns of our readers had already been addressed in previous articles. Nevertheless, to
consolidate everything for everyones easy reference, here are the FAQs on annulment and
divorce in the Philippines:
Is divorce allowed under Philippine laws?
No, divorce is not allowed in the Philippines. However, there arecertain instances wherein the
divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized
under Philippine laws.
Would it make any difference if I marry abroad where divorce is allowed?
No. Filipinos are covered by this prohibition based on the nationality principle, regardless of
wherever they get married (and regardless where they get a decree of divorce).
I was married in the Philippines and secured a divorce in the United States. Both of us are
Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married
another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is
my previous marriage still valid in the Phils.?
Yes, the first marriage is still considered valid in the Philippines because divorce between
Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under
Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is
null and void.
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in
getting out of a problematic marriage?
While divorce is against public policy and is prohibited by law, theFamily Code provides for
certain grounds to annul a marriage or declare it as null and void.
Is annulment different from a declaration of nullity of marriage?
Yes. In essence, annulment applies to a marriage that is considered valid, but there are grounds
to nullify it. A declaration of nullity of marriage, on the other hand, applies to marriages that
are void or invalid from the very beginning. In other words, it was never valid in the first place.
Also, an action for annulment of voidable marriages may prescribe, while an action for
declaration of nullity of marriage does not prescribe.
So, if a marriage is void from the very beginning (void ab initio), theres no need to file anything
in court?
For purposes of remarriage, there must be a court order declaring the marriage as null and void.
Entering into a subsequent marriage without such court declaration means that: (a) the
subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy.
What if no marriage certificate could be found?
Justice Sempio-Dy, in the Handbook of on the Family Code of the Philippines (p. 26, 1997
reprint), says: The marriage certificate is not an essential or formal requisite of marriage
without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a
party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of
the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also
the mere fact that no record of marriage can be found, does not invalidate the marriage provided
all the requisites for its validity are present. (Citations omitted)
What are the grounds for annulment?
1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the
marriage was solemnized without the consent of the parents/guardian. However, the marriage is
validated if, upon reaching 21, the spouses freely cohabited with the other and both lived
together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound
mind, unless such party after coming to reason, freely cohabited with the other as husband and
wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and
wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other
party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of
sexually transmissible disease or STD, regardless of its nature, existing at the time of the
marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as
to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for
action for the annulment of marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of
these means, except in cases wherein the force, intimidation or undue influence having
disappeared or ceased, the complaining party thereafter freely cohabited with the other as
husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating
the marriage with the other, and such incapacity continues and appears to be incurable.
Impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it
may still constitute fraud (see No. 3 above).
What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for
annulment?
Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At
the very least, however, these grounds may be used as basis for legal separation.
How is legal separation different from annulment?
The basic difference is this in legal separation, the spouses are still considered married to each
other, and, thus, may not remarry.
What are the grounds for legal separation?
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation.
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement.
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned.
5. Drug addiction or habitual alcoholism of the respondent.
6. Lesbianism or homosexuality of the respondent.
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines
or abroad.
8. Sexual infidelity or perversion.
9. Attempt by the respondent against the life of the petitioner.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
The term child shall include a child by nature or by adoption.
What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still
cohabitate with him/her?
This may be construed as condonation, which is a defense in actions for legal separation. In
addition to condonation, the following are the defenses in legal separation:
1. Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal
separation).
3. Mutual guilt (both parties have given ground for legal separation).
4. Collusion (to obtain decree of legal separation).
5. Prescription (5 years from the occurrence of the cause for legal separation).
If youre separated from your spouse for 4 years, is that a sufficient ground for annulment?
No. De facto separation is not a ground for annulment. It doesnt matter if the spouses lived apart
or did not see each other for 2, 10, 20 or more years. However, the absence of 2 or 4 years,
depending on the circumstances, may be enough to ask the court for a declaration of presumptive
death of the absent spouse, in which case the petitioner may again re-marry.
What are the grounds for declaration of nullity of marriage?
1. Minority (those contracted by any party below 18 years of age even with the consent of
parents or guardians).
2. Lack of authority of solemnizing officer (those solemnized by any person not legally
authorized to perform marriages, unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal authority to do so).
3. Absence of marriage license (except in certain cases).
4. Bigamous or polygamous marriages (except in cases where the other spouse is declared
as presumptively dead).
5. Mistake in identity (those contracted through mistake of one contracting party as to the
identity of the other).
6. After securing a judgement of annulment or of absolute nullity of marriage, the parties, before
entering into the subsequent marriage, failed to record with the appropriate registry the: (i)
partition and distribute the properties of the first marriage; and (ii) delivery of the childrens
presumptive legitime.
7. Incestous marriages (between ascendants and descendants of any degree, between brothers and
sisters, whether of the full or half blood).
8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii)
parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving
spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child
and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted
children of the same adopter; and (ix) parties where one, with the intention to marry the other,
killed that other persons spouse, or his or her own spouse.
9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of
marriage, contemplates downright incapacity or inability to take cognizance of and to assume the
basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part
of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity
and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and
abandonment, by themselves, also do not warrant a finding of psychological incapacity. We
already discussed the guidelines and illustrations of psychological incapacity, including a case
involvinghabitual lying, as well as the steps and procedure in filing a petition.
Please note, however, that there are still other grounds to declare a marriage as null and void.
Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a
foreign country?
Yes, the rules recognize and allow the filing of the petition byFilipinos who are overseas.

There are many questions relating to annulment and divorce in the Philippines, and many of the
concerns of our readers had already been addressed in previous articles. Nevertheless, to
consolidate everything for everyones easy reference, here are the FAQs on annulment and
divorce in the Philippines:
Is divorce allowed under Philippine laws?
No, divorce is not allowed in the Philippines. However, there arecertain instances wherein the
divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized
under Philippine laws.
Would it make any difference if I marry abroad where divorce is allowed?
No. Filipinos are covered by this prohibition based on the nationality principle, regardless of
wherever they get married (and regardless where they get a decree of divorce).
I was married in the Philippines and secured a divorce in the United States. Both of us are
Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married
another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is
my previous marriage still valid in the Phils.?
Yes, the first marriage is still considered valid in the Philippines because divorce between
Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under
Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is
null and void.
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in
getting out of a problematic marriage?
While divorce is against public policy and is prohibited by law, theFamily Code provides for
certain grounds to annul a marriage or declare it as null and void.
Is annulment different from a declaration of nullity of marriage?
Yes. In essence, annulment applies to a marriage that is considered valid, but there are grounds
to nullify it. A declaration of nullity of marriage, on the other hand, applies to marriages that
are void or invalid from the very beginning. In other words, it was never valid in the first place.
Also, an action for annulment of voidable marriages may prescribe, while an action for
declaration of nullity of marriage does not prescribe.
So, if a marriage is void from the very beginning (void ab initio), theres no need to file anything
in court?
For purposes of remarriage, there must be a court order declaring the marriage as null and void.
Entering into a subsequent marriage without such court declaration means that: (a) the
subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy.
What if no marriage certificate could be found?
Justice Sempio-Dy, in the Handbook of on the Family Code of the Philippines (p. 26, 1997
reprint), says: The marriage certificate is not an essential or formal requisite of marriage
without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a
party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of
the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also
the mere fact that no record of marriage can be found, does not invalidate the marriage provided
all the requisites for its validity are present. (Citations omitted)
What are the grounds for annulment?
1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the
marriage was solemnized without the consent of the parents/guardian. However, the marriage is
validated if, upon reaching 21, the spouses freely cohabited with the other and both lived
together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound
mind, unless such party after coming to reason, freely cohabited with the other as husband and
wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and
wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other
party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of
sexually transmissible disease or STD, regardless of its nature, existing at the time of the
marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as
to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for
action for the annulment of marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of
these means, except in cases wherein the force, intimidation or undue influence having
disappeared or ceased, the complaining party thereafter freely cohabited with the other as
husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating
the marriage with the other, and such incapacity continues and appears to be incurable.
Impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it
may still constitute fraud (see No. 3 above).
What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for
annulment?
Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At
the very least, however, these grounds may be used as basis for legal separation.
How is legal separation different from annulment?
The basic difference is this in legal separation, the spouses are still considered married to each
other, and, thus, may not remarry.
What are the grounds for legal separation?
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation.
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement.
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned.
5. Drug addiction or habitual alcoholism of the respondent.
6. Lesbianism or homosexuality of the respondent.
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines
or abroad.
8. Sexual infidelity or perversion.
9. Attempt by the respondent against the life of the petitioner.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
The term child shall include a child by nature or by adoption.
What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still
cohabitate with him/her?
This may be construed as condonation, which is a defense in actions for legal separation. In
addition to condonation, the following are the defenses in legal separation:
1. Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal
separation).
3. Mutual guilt (both parties have given ground for legal separation).
4. Collusion (to obtain decree of legal separation).
5. Prescription (5 years from the occurrence of the cause for legal separation).
If youre separated from your spouse for 4 years, is that a sufficient ground for annulment?
No. De facto separation is not a ground for annulment. It doesnt matter if the spouses lived apart
or did not see each other for 2, 10, 20 or more years. However, the absence of 2 or 4 years,
depending on the circumstances, may be enough to ask the court for a declaration of presumptive
death of the absent spouse, in which case the petitioner may again re-marry.
What are the grounds for declaration of nullity of marriage?
1. Minority (those contracted by any party below 18 years of age even with the consent of
parents or guardians).
2. Lack of authority of solemnizing officer (those solemnized by any person not legally
authorized to perform marriages, unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal authority to do so).
3. Absence of marriage license (except in certain cases).
4. Bigamous or polygamous marriages (except in cases where the other spouse is declared
as presumptively dead).
5. Mistake in identity (those contracted through mistake of one contracting party as to the
identity of the other).
6. After securing a judgement of annulment or of absolute nullity of marriage, the parties, before
entering into the subsequent marriage, failed to record with the appropriate registry the: (i)
partition and distribute the properties of the first marriage; and (ii) delivery of the childrens
presumptive legitime.
7. Incestous marriages (between ascendants and descendants of any degree, between brothers and
sisters, whether of the full or half blood).
8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii)
parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving
spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child
and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted
children of the same adopter; and (ix) parties where one, with the intention to marry the other,
killed that other persons spouse, or his or her own spouse.
9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of
marriage, contemplates downright incapacity or inability to take cognizance of and to assume the
basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part
of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity
and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and
abandonment, by themselves, also do not warrant a finding of psychological incapacity. We
already discussed the guidelines and illustrations of psychological incapacity, including a case
involvinghabitual lying, as well as the steps and procedure in filing a petition.
Please note, however, that there are still other grounds to declare a marriage as null and void.
Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a
foreign country?
Yes, the rules recognize and allow the filing of the petition byFilipinos who are overseas.