Difference between adultery and concubinage

Difference between adultery and concubinage "What is the difference between concubinage and adultery? Aren’t they the same thing? I suspect my wife is having intimate relations with other men. I am still gathering evidence but it’s very hard for me because I am currently working abroad. Needless to say, I am away a lot. Does that justify her actions (if ever she really is having affairs)? I am far away from her too but I do not engage in extra-marital affairs. Please answer my questions.Mr. Lonely Dear Mr. Lonely,Concubinage and adultery are separate felonies, both of which are penalized under Philippine law. For the purpose of a clearer discussion, we find it prudent to quote hereunder the separate provisions contained in the Revised Penal Code pertaining to each felony, to wit: “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.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.”The difference between the two crimes can be immediately seen from the foregoing provisions. It is quite clear that adultery is a crime charged primarily to a married woman while concubinage, on the other hand, applies primarily to a married man. Also, the law merely requires that there be sexual intercourse between a married woman and a man other than her husband for adultery to be committed. However, there are only three specific acts which are considered acts of concubinage, namely: (1) keeping a mistress in the conjugal home (2) having sexual intercourse with a woman other than his wife under scandalous circumstances or (3) cohabiting with a woman other than his wife.Thus, if indeed your wife is having sexual relations with other men, then you may file a complaint for adultery against her. It is of utmost importance, however, that you have evidence to buttress your accusation.Also, the fact that you are working abroad and is thus not physically with her is not a legal or valid justification for committing adultery. Under the law, what mitigates the penalty to be imposed on an adulterous woman is the abandonment of her husband. But even then, it does not justify the commission of the offense but merely lowers the penalty. (Article 333, Revised Penal Code) It must be remembered that in this jurisdiction, marriage is a sacred institution, which the law protects. Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/