Disclaimer: The following article provides a general overview of Philippine laws and legal principles pertaining to adultery, concubinage, and violence against women and their children (VAWC), including certain implications for Filipinos overseas. It is not intended as legal advice. Individuals facing specific legal issues should consult a qualified Philippine attorney for guidance tailored to their circumstances.

1. Overview of Relevant Philippine Laws

Revised Penal Code (RPC)
- Adultery (Articles 333)
- Concubinage (Article 334)
Anti-Violence Against Women and Their Children Act of 2004 (RA 9262)
- Covers physical, sexual, psychological, and economic abuse against women and their children.
Other Relevant Statutes
- Family Code of the Philippines (Executive Order No. 209) – Governs marital relations, rights, and obligations of spouses.
- Rules of Court (relevant to the institution of criminal actions).

2. Adultery Under Philippine Law

2.1 Definition

Under Article 333 of the Revised Penal Code:

Adultery is committed by a married woman who voluntarily has sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her.
Both parties (the married woman and her paramour) are deemed equally guilty.

2.2 Elements

To prosecute an individual for adultery, the following elements must be present:

The woman is married.
She has sexual intercourse with a man other than her husband.
Both the woman and the other man know of the marriage.

2.3 Penalties

The penalty for adultery is prisión correccional in its medium and maximum periods (i.e., from 2 years, 4 months, and 1 day, up to 6 years).
The same penalty applies to both the married woman and her paramour.

2.4 Nature of the Offense

Adultery is a private crime. This means only the offended spouse (the husband, in case of adultery) can file a criminal complaint. The State cannot initiate the prosecution on its own.
The offended spouse must include both parties (the married woman and her paramour) in the complaint.

2.5 Adultery Committed Overseas

In general, the Revised Penal Code applies within the Philippine territory.
The crime of adultery that takes place entirely abroad usually cannot be prosecuted in the Philippines, because the Philippines follows the principle of territoriality in criminal law (RPC, Article 2).
Exception: Crimes may be prosecuted in the Philippines if committed in Philippine embassies, consulates, or on Philippine ships or airships abroad if certain conditions are met, or under specific laws with extraterritorial application (e.g., RA 9262 has limited extraterritorial application). For adultery specifically, there is no general extraterritorial provision allowing prosecution in the Philippines if the sexual act occurred entirely overseas.
Practically, if the adultery took place abroad, the offended husband might not be able to institute the criminal case in the Philippines unless part of the offense took place in Philippine territory or it falls under an exception to the territoriality rule.

3. Concubinage Under Philippine Law

3.1 Definition

Under Article 334 of the Revised Penal Code:

Concubinage is committed by a married man under any of the following circumstances:
1. Keeping a mistress in the conjugal dwelling;
2. Having sexual intercourse, under scandalous circumstances, with a woman not his wife;
3. Cohabiting with her in any other place.

3.2 Elements

The man is married.
He keeps a mistress in the conjugal home or has sexual intercourse under scandalous circumstances, or cohabits with her elsewhere.
There is intent to reveal the illicit relationship (e.g., public cohabitation, scandalous conduct, or living as husband and wife).

3.3 Penalties

The penalty for the husband is prisión correccional in its minimum and medium periods (from 6 months and 1 day to 4 years and 2 months).
The penalty for the “concubine” is destierro (banishment)—she is ordered to stay away from certain places for a specified period rather than imprisonment.

3.4 Nature of the Offense

Like adultery, concubinage is a private crime, which only the offended wife can initiate through a criminal complaint.
The wife must include both the husband and the concubine in the complaint.

3.5 Concubinage Committed Overseas

Similar to adultery, concubinage is subject to the territoriality principle of the Revised Penal Code.
If the entire act or cohabitation occurs abroad, Philippine courts generally do not have jurisdiction to prosecute the offense, unless specific exceptions apply (e.g., partial commission of the crime in the Philippines, extraterritorial reach through special laws, or on Philippine-registered vessels/aircraft under certain conditions).

4. Violence Against Women and Their Children (VAWC) – RA 9262

4.1 Definition

Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), penalizes various forms of abuse committed by any person against:

A woman who is his wife, former wife, or with whom the offender has or had a sexual or dating relationship, or
A woman with whom the offender has a common child, or
The offender’s own child (whether legitimate or illegitimate) or the woman’s child (if such acts cause mental, emotional, or psychological harm to the child).

4.2 Forms of Abuse

Physical Abuse – bodily harm or assault.
Sexual Abuse – forced sexual acts or exploitation.
Psychological Abuse – causing mental or emotional suffering (e.g., repeated verbal abuse, intimidation, harassment).
Economic Abuse – withdrawal or withholding of financial support, controlling the victim’s own earnings, or preventing the victim from engaging in legitimate employment.

4.3 Penalties

Punishments vary depending on the gravity of the offense—ranging from imprisonment (1 month to 20 years) and/or fines (up to $300,000 PHP in some cases).
The court may also issue Protection Orders to safeguard the victim (Barangay Protection Orders, Temporary/Permanent Protection Orders).

4.4 Nature of the Offense

Unlike adultery or concubinage, VAWC is not a private crime. The State may intervene once a complaint is filed, and the offended party can be a woman (spouse or partner) or the children.

4.5 Extraterritorial Application of RA 9262

RA 9262 explicitly provides certain extraterritorial provisions, meaning it can have effect even if the violence occurs outside the Philippine territory, provided that:

The victim is a Filipino citizen.
The parties involved (offender and offended party) are in an intimate relationship covered by the law.
As long as the court acquires jurisdiction over the person of the accused, the case can be prosecuted in the Philippines.

Article 5 of the law states that cases of VAWC can be heard in the Philippines if the victim is a Filipino citizen or resident, even if the violence took place abroad, subject to certain procedural rules. In practice, the critical requirement is that the accused must be brought under the jurisdiction of Philippine courts (e.g., physically present in the Philippines or extradited if a treaty so allows).

5. Legal Implications for Overseas Filipinos

5.1 Adultery and Concubinage

Jurisdiction Issue: Generally, if the alleged adulterous or concubinage act occurs entirely outside the Philippines, local courts do not have jurisdiction to prosecute due to the territoriality principle.
Filing a Case in the Philippines: The offended spouse may attempt to file a complaint, but unless part of the offense happened within the Philippines (e.g., the affair started or continued while on Philippine territory), or it occurred on a Philippine-registered vessel/aircraft, the case might be dismissed on jurisdictional grounds.
Practical Hurdles: Securing evidence from abroad, obtaining witnesses, and ensuring the presence of the accused in Philippine courts are often difficult.

5.2 VAWC Cases

Extrajudicial Violence: With RA 9262’s broader scope and extraterritorial reach, an abused Filipino spouse or partner (or their child) may file a VAWC complaint in the Philippines even if the actual act of violence occurred overseas, provided they can secure jurisdiction over the accused (i.e., the accused is in the Philippines or can be compelled to appear).
Protection Orders: Victims residing abroad can seek protection orders. Philippine courts can issue a Temporary or Permanent Protection Order if the victim returns to the Philippines or if there are other mechanisms for the petition (sometimes overseas Filipino workers go through consular offices for assistance).

5.3 Immigration and Other Consequences

Passport/Immigration: If a criminal case (especially under VAWC) is filed in the Philippines, the offender might face hold departure orders or be blacklisted from certain immigration privileges.
Child Custody and Support: In parallel civil or family law proceedings (e.g., legal separation, annulment, or custody issues), evidence of extramarital affairs or abuse can significantly impact outcomes on child custody, support, and property relations.

6. Practical Considerations for Filipinos Overseas

Evidence Gathering
- For adultery or concubinage, direct evidence (e.g., eyewitness accounts, photographs, documents showing cohabitation) is typically required. Hearsay or rumor is insufficient, and proving the offense is often challenging, especially if it occurred outside the Philippines.
- For VAWC, documenting instances of abuse (e.g., medical records, psychological evaluations, communication logs) is crucial.
Filing a Case While Abroad
- Offended parties can file complaints through Philippine embassies or consulates, which may help transmit the complaint to the appropriate Philippine authorities.
- For VAWC, some provisions allow remote filing in urgent cases or the issuance of BPOs (Barangay Protection Orders) and TPOs (Temporary Protection Orders).
Jurisdiction Over the Accused
- Even if a complaint is successfully filed, the accused must be subject to Philippine jurisdiction to proceed with trial. If the accused remains overseas and does not return, enforcement may be difficult unless the country where the accused is located has extradition treaties or mutual legal assistance agreements with the Philippines.
Civil Remedies
- Beyond criminal complaints, an offended spouse may pursue civil remedies such as filing for legal separation, annulment, or nullity of marriage on specific grounds.
- Adultery or concubinage can be used as evidence of marital misconduct in civil proceedings.
- In VAWC cases, the law also provides for civil damages, support, and custody arrangements.
Diplomatic or Consular Assistance
- Filipino nationals abroad can seek guidance from Philippine consulates or embassies. They can provide referrals to local lawyers, assistance in notarizing affidavits, or guidance in filing suits back home.
Updates and Evolving Jurisprudence
- Philippine family and criminal laws continue to evolve, especially regarding overseas Filipino workers (OFWs) and overseas Filipinos. Monitoring Supreme Court decisions or legislative amendments is important.

7. Key Takeaways

Adultery and Concubinage remain punishable in the Philippines under the Revised Penal Code, but prosecution generally hinges on where the act took place and whether the Philippine courts have jurisdiction.
VAWC (RA 9262) has broader extraterritorial application, particularly if the victim is a Filipino citizen, making it possible to file a case in the Philippines even if the abuse occurred abroad.
Both adultery and concubinage are private crimes, meaning the offended spouse must initiate the action. VAWC, however, is not a private crime; third parties (e.g., social workers, relatives) can assist or intervene once it is reported.
Evidence and jurisdiction are common hurdles. If the alleged offense took place abroad, gathering proof and ensuring the presence of the accused in Philippine courts can be challenging.
Diplomatic assistance is available through Philippine embassies and consulates for overseas Filipinos who need to file or pursue cases in the Philippines.

Final Note

While adultery and concubinage remain offenses under Philippine law, their prosecution for acts committed overseas is limited by territorial jurisdiction. In contrast, the Anti-VAWC Act provides stronger mechanisms for Filipino victims of domestic or intimate-partner violence, including potential extraterritorial application. Anyone considering legal action should seek advice from a lawyer with expertise in Philippine criminal and family law, especially in cross-border or overseas contexts.