G.R. No. 34484 , December 13, 1930
FERNANDO MAULIT, petitioner-appellee, vs. DOMINGO SAMONTE, respondent-appellant.

FACTS

Fernando Maulit was legally married to Maxima Agcaoili. In 1928, he abandoned his wife and cohabited with a concubine, with whom he had a child. At the instance of his wife, Maulit was prosecuted for concubinage, convicted by the Court of First Instance of Ilocos Norte, and sentenced to prison. The Supreme Court affirmed the conviction. Before serving his sentence, his wife executed an affidavit granting him full pardon and requesting the authorities to extend the same. Despite this condonation, Maulit was imprisoned on the theory that under Act No. 1773 , concubinage was no longer a private offense extinguishable by pardon. Maulit’s wife filed a petition for a writ of habeas corpus, which the trial court granted, ordering Maulit’s release. The provincial fiscal appealed.

ISSUE

Whether concubinage, as defined under the Penal Code, remains a private offense that can be extinguished by the pardon of the offended spouse, notwithstanding Act No. 1773 , which classified adultery and similar crimes as public offenses.

RULING

Yes. The Supreme Court affirmed the trial court’s decision, holding that concubinage remains a private offense extinguishable by the pardon of the offended spouse. Act No. 1773 specifically classified adultery, seduction, abduction, rape, calumny, and insults as public crimes no longer subject to condonation, but it did not include concubinage. While concubinage is similar to adultery, the Penal Code treats them as distinct offenses with separate penalties, and concubinage is considered a lesser offense. In the absence of a clear legislative intent to include concubinage in Act No. 1773 , and applying the rule of strict construction in favor of the accused in criminal statutes, concubinage remains governed by Article 435 of the Penal Code, which allows extinguishment of criminal liability through pardon by the offended spouse. The writ of habeas corpus was properly granted, and Maulit was ordered released. No costs were awarded.