Art. Penalty for Concubinage (the main offender is the married husband): prision correccional in its minimum and medium periods. Historical background. This research paper questions the difference of the elements and penalties of the adultery and concubinage laws, as provided in the Revised Penal Code, considering the adoption of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and Magna Carta of Women in the Philippines. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. Likewise, you may file a complaint for concubinage against your husband and his mistress. Section One. The concubine shall suffer the penalty of destierro.” If you are contemplating on filing a criminal case for concubinage against your husband and the latter’s concubine, you must have the capacity to do so. Concubinage is punishable by imprisonment ranging from 6 months and 1 day to 4 years and 2 months. ... RPC: Two Modes of Rape and Common Misconceptions About the Crime. Charged with one Igmedia Refe of the crime of concubinage in the Court of First Instance of Albay, petitioner Luis Ocampo was found guilty and sentenced to an indeterminate penalty of from six (6) months of arresto mayor to two (2) years, eleven (11) months and ten (10) days of prision correccional, and to the accessories of the law. On the other hand, the mistress is merely imposed a punishment of destierro. So the penalty for adultery and concubinage should be increased in order to discourage the commission of these crimes and protect the marriage because it is the foundation of the family, and the family is the foundation of the nation. — Duration of Penalties Art. Provisions in the RPC on adultery and concubinage do not treat women and men equally since they establish harsher rules and impose higher penalties for women offenders compared to men offenders. The Revised Penal Code supplanted the Spanish Código Penal, which was in force in the Philippines (then a colony of the Spanish Empire up to 1898) from 1886 to 1930, after a failed attempt in to be implemented in 1877. Minimum period: from 6 months and 1 day to 6 years. The new Code was drafted by a committee created in 1927, and headed by Judge Anacleto Díaz, who would later serve on the Supreme Court. Sections 1 and 2 of Act No. It is akin to a restraining order where the mistress shall not be permitted to enter … Concubinage. 334. 27. Remember that the crime of concubinage is a private crime, therefore only the wife can file the case and no one else (Article 344, RPC). Adultery and Concubinage are penalized under separate provisions in the Revised Penal Code (RPC) according to the sex of the offending spouse. 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. Reclusion perpetua. Primer on Concubinage, Adultery and Bigamy The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a ma — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. Reclusion temporal.