Adultery and Infidelity in the Philippines: Legal Framework and Remedies

Adultery and other forms of marital infidelity are significant legal concerns in the Philippines. The country’s laws governing these offenses are found primarily in the Revised Penal Code (RPC) and in various provisions of the Family Code. Below is an overview of the key legal principles, criminal liabilities, and civil remedies available to aggrieved spouses.

1. Terminology and Basic Concepts

Adultery
Under Philippine law, adultery is committed by:
- A married woman who has voluntary sexual intercourse with a man not her husband; and
- The man who has carnal knowledge of her, knowing she is married.
Concubinage
While the law labels a married woman’s extra-marital affair as “adultery,” a married man’s infidelity may constitute “concubinage” if:
- He keeps a mistress in the conjugal dwelling;
- He has sexual intercourse under scandalous circumstances with a woman not his wife; or
- He cohabits with his mistress in any other place.
Infidelity and Family Code
The Family Code also addresses marital infidelity, particularly as it may serve as grounds for legal separation or for seeking civil remedies. However, the criminal laws (Adultery and Concubinage) are distinct from the Family Code remedies (Legal Separation, Annulment of Marriage, Declaration of Nullity, etc.).

2. Criminal Liability Under the Revised Penal Code

2.1. Adultery (Article 333 of the Revised Penal Code)

Definition:
Adultery is committed by a married woman who has consensual sexual intercourse with a man not her husband. The same offense attaches to the man if he is aware of her marriage at the time.
Elements to Prove:
1. The woman is legally married.
2. She had voluntary sexual intercourse with a man who is not her husband.
3. The man had knowledge that the woman was married.
Penalty:
The penalty for both the married woman and her paramour is prisión correccional (which generally ranges from six months and one day to six years). However, specific periods within prisión correccional may vary depending on the circumstances of the case and the discretion of the court.
Important Nuances:
- A single act of sexual intercourse is enough to constitute adultery.
- To initiate the criminal action, the offense must be prosecuted upon the complaint of the offended spouse, who must include both parties (the wife and her paramour) in the charge.
- A final judgment absolving one party typically extends to the other (under certain conditions), because adultery charges are inseparable (the law requires charging both the wife and her paramour together).

2.2. Concubinage (Article 334 of the Revised Penal Code)

Definition:
Concubinage is committed by a married man when he:
1. Keeps a mistress in the conjugal dwelling;
2. Has sexual intercourse with a woman under scandalous circumstances; or
3. Cohabits with her in any other place.
Penalty:
- The husband can be punished by prisión correccional in its minimum and medium periods (from six months and one day up to four years and two months).
- The concubine (the woman) can be punished by the penalty of destierro (exile), which forbids her from entering specific places, typically within a certain radius of the offended wife’s domicile.
Initiation of the Criminal Case:
- Similar to adultery, only the offended wife can initiate criminal proceedings for concubinage.
- She must include both her husband and the concubine in the complaint.

2.3. Procedural Points

Who Can File:
- Only the offended spouse (husband in adultery, wife in concubinage) can file the criminal complaint.
- The complaint must name both the offending spouse and the paramour/concubine; otherwise, it cannot proceed.
Time Bar:
Criminal actions for adultery or concubinage must generally be commenced within a set prescriptive period (ordinarily five years from the date of the commission of the offense for crimes punishable by prisión correccional). It is crucial to consult the most updated guidelines and jurisprudence regarding prescription of these offenses.
Pardon and Condonation:
If the offended spouse condones or pardons the act of infidelity (expressly or impliedly), it may extinguish the criminal action. For example, if the spouses resume cohabitation or show a clear intention to forgive, this can affect the viability of the criminal case.

3. Civil Remedies and Other Legal Options

3.1. Legal Separation (Family Code of the Philippines)

Grounds:
Marital infidelity—whether by the husband or the wife—may serve as a ground for filing a petition for legal separation under Article 55 of the Family Code.
Effects:
- Legal separation does not dissolve the marriage bond; the spouses remain legally married but live separately.
- The court may order a separation of property, child custody arrangements, and support obligations.
- The offended party may also request moral damages.
Cooling-Off Period and Other Requirements:
There is a mandatory six-month cooling-off period before the court will hear a legal separation petition. This is to allow possible reconciliation efforts.

3.2. Annulment or Declaration of Nullity

While infidelity itself is not directly a standard ground for annulment (which concerns defects existing at the time of the marriage, such as lack of parental consent or psychological incapacity under Article 36 of the Family Code), ongoing infidelity may be used as evidence of psychological incapacity. In practice, some courts have considered repeated infidelity as indicative of a spouse’s psychological incapacity to comply with essential marital obligations.

3.3. Civil Liability for Damages

Independent Civil Action:
The offended spouse may claim damages (for instance, moral damages) resulting from the infidelity, under Articles 19, 20, and 21 of the Civil Code, which cover “abuse of rights” and quasi-delicts.
Prerequisites:
Proof of mental suffering, emotional distress, or besmirched reputation can be the basis for awarding moral damages.

3.4. Protection Under Special Laws (Violence Against Women and Their Children Act)

Psychological Violence:
In some instances, marital infidelity—especially if it entails emotional or psychological abuse—could potentially fall under “psychological violence” as prohibited by Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act).
- If the unfaithful spouse’s actions cause mental or emotional suffering to the wife or minor children, it might be possible to seek protection orders or criminal remedies under R.A. 9262.

4. Evidentiary Considerations

Proving adultery or concubinage in court can be difficult because it typically requires direct or circumstantial evidence that the illicit relationship involved sexual intercourse or cohabitation under scandalous circumstances. Common proofs include:

Witness Testimony: Neighbors, friends, or other individuals who can attest to the affair or cohabitation.
Photographs, Messages, or Video Evidence: Digital and documentary evidence, such as text messages, social media posts, or recordings establishing the relationship.
Admissions or Confessions: Written or verbal statements from the offending spouse.
Other Circumstantial Evidence: Hotel receipts, travel records, etc., that help to establish the relationship.

5. Practical Considerations and Common Issues

Difficulty of Proof:
Demonstrating the actual commission of adultery or concubinage can be very challenging, as the law requires fairly specific evidence of sexual intercourse or scandalous cohabitation.
Double-Edged Sword of Criminal Proceedings:
Once you file a criminal case for adultery or concubinage, reconciliation becomes complex since these are offenses that can lead to imprisonment. Spouses sometimes forego criminal proceedings to avoid more family conflict or for the sake of children.
Social and Cultural Factors:
In the Philippine setting, criminal charges for adultery or concubinage can carry significant social stigma, often causing both the offended spouse and the family additional distress. Some choose civil or out-of-court settlements, or proceed with legal separation or an annulment route.
Pardon/Condonation:
Reconciliation or forgiveness by the offended spouse may bar the continuation of a criminal case, reflecting an older principle that discourages the state from intervening in marital conflicts if the couple themselves have decided to reconcile.
Gender Inequality Concerns:
Critics point to the disparity between how the law defines adultery (which applies specifically to a married woman) versus concubinage (which may be more difficult to prove and punishes the involved woman less severely than the man’s wife would be punished in an adultery case).

6. Steps to Take if You Are an Aggrieved Spouse

Consult a Lawyer
Adultery and concubinage cases are intricate. A legal professional can help evaluate the strength of the evidence, discuss possible defenses, and explain potential outcomes.
Gather Evidence
Collect any available documents, messages, photographs, videos, or witness statements that may help establish the wrongdoing.
Decide on the Nature of the Case
Determine whether you want to pursue criminal charges, file for legal separation, or seek a civil action for damages (or a combination of these). Each option has implications for property arrangements, child custody, and potential reconciliation.
File the Appropriate Pleadings
- Criminal Complaint: File with the Office of the Prosecutor; ensure that both offending parties (spouse and paramour/concubine) are included.
- Petition for Legal Separation or Annulment: File in the Regional Trial Court (Family Court) in your area.
- Civil Action for Damages: May be initiated separately or alongside other remedies.
Prepare for Mediation or Settlement
The court may require mediation, especially in family law proceedings, to see if reconciliation or an amicable settlement is possible.

7. Current Developments and Decriminalization Calls

There have been ongoing debates and legislative proposals over the years aiming to decriminalize adultery and concubinage, citing arguments that these are private matters best handled within civil proceedings, and that the penalties are rooted in outdated gender biases. As of this writing, these offenses remain criminalized in the Philippines. However, legal reforms continue to be discussed in Congress.

8. Conclusion

In the Philippines, adultery (committed by a married woman and her paramour) and concubinage (committed by a married man and his concubine under specified circumstances) remain criminal offenses that can lead to imprisonment or destierro. Additionally, infidelity can be grounds for legal separation, potential civil actions for damages, and even charges of psychological violence under certain contexts.

Because these laws involve nuanced procedural requirements—such as who can file the complaint, how evidence is gathered, and how reconciliation may bar prosecution—it is crucial for any aggrieved spouse to seek professional legal advice. Balancing the desire for redress, the welfare of the family (especially children), and the potential social and legal ramifications are important considerations before proceeding with any legal action.

Disclaimer: This article provides a general overview of Philippine laws on adultery, concubinage, and related legal remedies. It is not a substitute for professional legal counsel. For specific concerns or case evaluations, consult a qualified attorney in the Philippines.