What is the Difference Between Adultery and Concubinage?

Adultery and concubinage are both forms of marital infidelity, but they differ in terms of the genders of the individuals involved and the specific circumstances of their actions. Here are the main differences between adultery and concubinage:

1. Definition: Adultery refers to the act committed by a married woman who engages in sexual intercourse with a man other than her husband. Concubinage, on the other hand, involves a married man who engages in sexual intercourse with a woman other than his wife, under specific circumstances.
2. Genders of the individuals involved: Adultery is committed by a wife and should be charged together with the other man. Concubinage is committed by a husband and should be charged together with the other woman.
3. Proof required: In adultery, a proof of sexual intercourse will suffice to file a case. In concubinage, sexual intercourse between the married man and the concubine must have occurred under scandalous circumstances.
4. Penalties: Concubinage has a lower penalty than adultery. In adultery, the penalty for the man is the same as that of the guilty wife. In concubinage, the concubine's penalty is only destierro, which refers to banishment or prohibition from residing within the accused party's actual residence within a 25-kilometer radius.

It is essential to understand that while these terms are legally defined and may carry consequences, they also carry social implications. Many Filipinos see marriage as a lifelong commitment, and any breaches of this trust can have severe repercussions not just legally but also socially.

Comparative Table: Adultery vs Concubinage

Here is a table outlining the differences between adultery and concubinage:

Please note that these differences are based on various sources and may not apply to all jurisdictions or cultural contexts.