(Complaint for Concubinage)

(caption)
COMPLAINT
The undersigned, _____________, accuses _____________ of the crime of
CONCUBINAGE, committed as follows, to wit:
That on or about _____________, in the City/Municipality of
_____________, Province of _____________ and within the jurisdiction of
this Honorable Court, the accused _____________ who is the husband of
the undersigned Complainant, cohabited and lived together with his co-
accused _____________ as husband and wife in a private dwelling,
begetting out of such cohabitation, a child named _____________, the co-
accused _____________ knowing fully well that accused _____________
was a very much married man.
Contrary to law.
_____________, Philippines, __Date__.
COMPLAINANT
(JURAT)
Witnesses:
Sample of Affidavit of Complaint



Republic of the Philippines )
____________, ________ ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x


AFFIDAVIT OF COMPLAINT


The UNDERSIGNED, __________________________, accuses _________, of
_____________, committed as follows, to wit:


That on or about _________, at about _____________ in the
_________________, ______________, Philippines, the said accused did then and
there willfully, unlawfully, feloniously, and by means of _____________, committed
_____________, upon the undersigned directly by overt acts to wit: (state the details
how the crime was committed).
The undersigned executed this affidavit to attest the truthfulness of the foregoing
facts and to support the filing of Criminal Cases against
_______________________________ for violations of ________________________.

___________, this _____ day of __________, ____.

____________________________
Offended Party


SUBSCRIBED AND SWORN to before me this ___ day of _______ at
_______________. I HEREBY CERTIFY that I have personally examined the herein
offended party and I am satisfied that they voluntarily executed and understood their
given affidavit.

_________________________
Judge

WITNESSES:


__________________________


__________________________




ADULTERY AND CONCUBINAGE
Definition:

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 (Article 334 of
the Revised Penal Code or RPC).
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 (RPC, Article 333). Each sexual intercourse constitutes a
crime of adultery.
Discussion on these concepts:

CONCUBINAGE
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.

I. How committed/Concept: The crime committed by a married man who:
1. Shall keep a mistress in the conjugal dwelling
a). the concubine must live in the conjugal dwelling even for brief periods of time,
and not where she occasionally comes for a tryst or to spend the night therein
2. Shall have sexual intercourse with her under scandalous circumstances
a). Proof of sex is not necessary but may be inferred
b). There be a public or open flaunting of the illicit relationship so that the public is
scandalized, shocked, or the conduct give rise to general protest, or that the
relationship sets a bad example.
c). Example: being seen with the woman in social and public gatherings; introducing
or treating the woman as though she were the wife
d) Since public reaction is gauge of the scandal is there concubinage if:
(i) openly going out is in places where the two are total strangers
(ii) relatives and acquaintances accept the fact of the relationship, as when the wife
left the man who now is cared and loved by another woman?
3. Cohabit with her in any other place
a). To cohabit is to live together as husband and wife.
b) QUESTION: Is concubinage committed by the man in providing the woman her
own house or apartment but does not live with her though he regularly visits her
thereat, at which time they engage in sex?
II. Unlike in adultery, the fact of criminal conversation or sexual intercourse
with a woman does not per se give rise to concubinage. Further, each sexual act is
not a separate offense because concubinage is treated as a continuing crime.
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".

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.
III. The woman is liable if she knows him to be married (even if unhappily at that
and even if her purpose is to provide comfort and companionship)
IV. The defenses available in adultery also apply such as consent and pardon.

ADULTERY
Art. 333. Who are guilty of adultery?
I. Concept: The crime committed by a 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
A. The gist is actual sexual intercourse and not just mere romantic dating, or petting
or kissing
B. There is no frustrated stage: it is either that the accused were able to engage in sex
or not.
C. It is not a continuing crime because each separate sex act on a different occasion is
a different and a separate crime.
D. This may be committed when a married woman marries a second time without the
first having been judicially annulled or voided. Her liability is in addition to bigamy.
II. The Judicial validity of the womans marriage is not material. It is enough that
there was a marriage which has not yet been annulled or declared null and void.
III. Rationale:
A. The possibility of introducing spurious heirs
B. Violation of the marriage vows and the sanctity of the marriage based on the
exclusivity of the sexual partner.
Defenses in Adultery
A. Pardon by the offended spouse if (1) given to both the guilty parties and (2) prior to
the institution of the criminal action
B. Pardon may be express or implied, as by sleeping with the woman despite
knowledge of the adultery (Pardon of the Act)
C. Consent given prior to the adultery, such as in mutual agreement to separate and to
live with another partner
D. Recrimination or mutual infidelity is merely mitigating
E. The fact that the woman is legally separated from the husband is no defense.
IV. Principles in the Prosecution of Adultery
A. Direct evidence is not necessary as adultery may be implied from the
circumstances of time, place and occasion
B. There may be a separate trial for the man and the woman
C. The man may be acquitted if he did not know the woman is married
D. If the man is married, he may also be liable for concubinage and the married
woman man may also be charged as a concubine
V. Special Extenuating Circumstance of Unjustified Abandonment
A. The penalty is at least one degree lower
B. The essence is that the woman was forced to commit adultery by reason of extreme
necessity which refers to economic necessity and the need for survival, such as
providing for the shelter and sustenance of her abandoned family.
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.

Who can file the action for adultery or concubinage?
Only the offended spouse can legally file the complaint for adultery or concubinage.
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.
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.
More Sharing Service


I have prepared for a criminal complaint against your husband Rustum Padilla of which I personally
believe that we have a strong case against him because of the witness and facts you have laid upon.
This case will be our leverage or basis for the future of which I am optimistic that we will have a
favourable decision and we will use this against your husband to further file a Civil case for Legal
separation since it is one of the grounds for annulment if we can have final judgment sentencing him for
imprisonment for more than 6 years even if pardoned.. Moreover, he will be spending his life in jail for
your