These differences also affect the number of times that the offending spouse may be held liable for an extra-marital affair. We are located at the 16 th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. Adultery and concubinage are crimes against chastity under the Revised Penal Code of the Philippines. Legislators in the Philippines have been trying to amend the adultery law for years. Concubinage and the Lex Iulia on Adultery 337 largely filled in the legal contours of this institution, for example, by establish- ing analogous requirements concerning age and degree of relationship.9 But the most difficult question they On the other hand, concubinage, as defined under Article 334 of the RPC, is committed by a married husband by (a) keeping a mistress in the conjugal dwelling; (b) having sexual intercourse under scandalous circumstances with a woman who is not his wife; or (c) cohabiting with her in any other place. Marital infidelity constitutes a violation of the marriage contract (i.e., the obligation to observe, among others, fidelity) hence, the liability for such violation should be civil in nature. On the Definitions of Adultery and Concubinage. Despite these, the Philippines, Brunei, and Taiwan remain to be the only countries in the Asia-Pacific Region that treat adultery as a crime. 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." 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. Thus, the law only requires proof of an offending wife’s sexual relations with another man during the marriage so that she may be convicted of the crime. 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If the person guilty of adultery committed this offense while being abandoned w… • 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. Unlike adultery, proof of extra-marital sex alone is not sufficient to convict an offending husband of concubinage since the law requires that any of the three circumstances must be shown. However, it should not be considered as a criminal offense that is punishable by fine and/or imprisonment. He moved out of our home and is now living with the other woman in a house within our village. The provisions also differ in terms of the severity of prescribed penalties. — 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. 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