Adultery Case: Evidence-Gathering and Legal Action in the Philippines
(Note: The information provided here is for general educational purposes and does not constitute legal advice. Always consult a qualified lawyer for advice specific to your circumstances.)

1. Definition and Governing Law

1.1. What Is Adultery Under Philippine Law?

Under Philippine law, adultery is defined and penalized by Article 333 of the Revised Penal Code (RPC). Adultery is committed by a married woman who engages in sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her, knowing her to be married. Both parties (the wife and her paramour) are criminally liable.

1.2. Distinction from Concubinage

Adultery applies specifically when a married woman has sexual intercourse with a man who is not her husband.
Concubinage (Article 334, RPC) applies when a married man commits specific sexual offenses (e.g., cohabiting with a woman in the conjugal dwelling, or having sexual intercourse under scandalous circumstances with a woman not his wife).

This article focuses on the offense of adultery, the needed evidence, and legal steps for pursuing the case.

2. Elements of Adultery

To secure a conviction for adultery, the prosecution must prove the following essential elements beyond reasonable doubt:

The woman is legally married to the complainant (the offended spouse).
The woman had sexual intercourse with a man not her husband.
The man she had intercourse with knew that she was married.

All these elements must be present to hold both the wife and the paramour (the man) criminally liable.

3. Who Can File the Case?

3.1. Private Offense

Adultery is a private crime under Philippine law. Therefore, only the offended spouse (the husband of the wife who allegedly committed adultery) can initiate the criminal action. Third parties (e.g., siblings, parents, or children) cannot file the complaint. Furthermore, the offended husband must include both the wife and the paramour as respondents; one cannot be charged without the other in the same complaint for adultery.

3.2. No Prosecution After Pardon or Consent

A husband who consented to the adulterous act or gave pardon after knowing of the wife’s infidelity cannot later file an adultery case. Philippine law recognizes these acts as extinguishing the offended party’s right to pursue criminal action. Notably, pardon may be express or implied (for example, if the husband resumed cohabitation with the wife despite knowledge of the infidelity).

4. Penalties

Under Article 333 of the Revised Penal Code, the penalty for adultery is prisión correccional in its medium and maximum periods. This typically ranges from two (2) years, four (4) months, and one (1) day, up to six (6) years of imprisonment. Both the wife and the paramour, if found guilty, face the same penalty range.

5. Evidence-Gathering

5.1. Standard of Proof

Like all criminal cases in the Philippines, proof beyond reasonable doubt is required for a conviction. However, direct evidence of sexual intercourse is notoriously difficult to obtain. Therefore, circumstantial evidence—if strong and consistent—can play a significant role in proving adultery.

5.2. Types of Evidence

Photographs or Videos:
- Pictures, videos, or social media posts showing the wife and the alleged paramour in compromising situations may support an adultery claim.
- However, photos showing mere closeness or intimacy, without a clear indication of sexual intercourse, may be insufficient on their own.
Text Messages, Chat Logs, and Emails:
- Exchanges that strongly suggest sexual relations (e.g., explicit details, scheduling intimate meetups) can be relevant.
- Authenticating these messages is crucial. Courts require proof that the messages or chats came from the parties in question, often through testimony or electronic evidence rules.
Witness Testimony:
- Eyewitnesses who saw the wife and her paramour enter a private room or dwelling under suspicious circumstances could testify to those observations.
- Neighbors, hotel staff, or friends might confirm seeing the couple behave as if they were in a romantic or sexual relationship (e.g., checking in together at a hotel).
Hotel or Lodging Records:
- Receipts, logs, or CCTV footage indicating the wife and paramour stayed in the same hotel room can support the claim.
- Corroboration is necessary; the fact of staying in the same room alone does not automatically prove sexual intercourse but can be an important piece of circumstantial evidence.
Private Investigator or Surveillance Reports:
- In some cases, a spouse may hire a private investigator to document encounters (photographs, videos, or sworn statements).
- However, evidence should be gathered in a manner that does not violate privacy laws. Illegally obtained evidence (e.g., wiretapping, trespassing) could be deemed inadmissible.

5.3. Legally Obtaining Evidence

Philippine law protects individuals’ privacy and correspondence. Thus, evidence must be collected lawfully. For instance, hacking into a phone or email may render evidence inadmissible. The Supreme Court has repeatedly emphasized that illegally obtained evidence is disfavored and can be excluded from trial.

6. Legal Procedure

6.1. Consultation with a Lawyer

Before gathering evidence or filing a complaint, the offended spouse should consult a lawyer to assess the merits of the potential case, the legal risks, and the evidence-gathering strategy.
A lawyer can help ensure that the evidence is collected lawfully and preserved properly for court use.

6.2. Filing a Complaint

Drafting the Complaint:
- Adultery being a private crime, the complaint must be filed by the offended husband and must include both the wife and her alleged paramour.
- The complaint-affidavit should detail the facts of the marriage, the adulterous acts, the date(s) and place(s) of the alleged adultery, and the supporting evidence.
Where to File:
- Generally, a complaint for adultery is filed with the Office of the City Prosecutor or Provincial Prosecutor having jurisdiction over the place where the adulterous act was allegedly committed.
Preliminary Investigation:
- The prosecutor evaluates the complaint and evidence.
- The wife and alleged paramour have the opportunity to submit their counter-affidavits.
- If the prosecutor finds probable cause, they will file the corresponding Information in court.

6.3. Arraignment and Trial

Once the case is in court, the accused (wife and alleged paramour) will be arraigned, meaning they will formally be informed of the charges and asked to enter a plea.
The prosecution will present its evidence first, followed by the defense.
The judge will render a decision based on the evidence presented.

6.4. Possible Defenses

Lack of Valid Marriage: If the marriage of the complainant and the accused wife is void ab initio or has been declared null, adultery cannot be charged.
Consent or Pardon: The husband’s prior consent to the act or subsequent pardon after discovering the act is a valid defense.
Insufficiency of Evidence: The evidence must prove sexual intercourse beyond a reasonable doubt. Mere suspicion or circumstantial evidence that is weak or contradictory will not suffice.

7. Practical Considerations

7.1. Emotional and Social Impact

Filing an adultery case can be emotionally charged and socially stigmatizing. Both parties should prepare for the personal stress and potential public scrutiny that may accompany legal proceedings. Marital disputes in court can also affect children and relatives.

7.2. Potential Reconciliation

Given that adultery is a private offense, a husband who decides to forgive or reconcile with his spouse before or during the trial may abandon or withdraw the complaint. Once formal charges are filed, however, withdrawal must follow legal procedure. The prosecutor or the court may still consider public interest in allowing or disallowing case dismissal, but typically, the offended spouse’s lack of interest can lead to the case’s dismissal.

7.3. Civil Aspects

An adultery case can coexist with or influence civil proceedings, such as annulment, legal separation, or claims for damages under the Family Code or Civil Code. Evidence gathered in the criminal case may be used to support a civil action.

7.4. Prescription Period

Under the Revised Penal Code, criminal actions for adultery prescribe in five (5) years. This means the offended husband must file a complaint within five years from the date of discovery of the offense; otherwise, the right to prosecute is barred.

8. Key Takeaways

Adultery is a crime committed by a married woman and her paramour in the Philippines, punishable by imprisonment.
Private Crime: Only the offended husband can file the case, and he must include both his wife and the alleged lover.
Evidence must clearly show sexual intercourse, typically through strong circumstantial evidence.
Consent/Pardon and lack of a valid marriage are common defenses.
Gathering evidence must comply with privacy laws; illegally obtained evidence can be excluded in court.
The emotional, social, and legal consequences of an adultery case are significant, and consultation with a lawyer is essential to navigate the complexities.

Disclaimer

This guide offers a general overview of adultery under Philippine law, focusing on evidence-gathering and legal procedures. Laws, rules, and regulations may change over time, and their application can vary depending on specific facts and jurisdiction. If you are facing a legal issue related to adultery or any marital dispute, it is crucial to seek professional legal counsel to get advice tailored to your unique situation.