Adultery or Concubinage Claims When a Spouse Has Another Child

All There Is To Know About Adultery or Concubinage Claims When a Spouse Has Another Child (Philippine Context)

In the Philippines, claims of adultery or concubinage often arise when one spouse engages in an extramarital affair. One of the most concrete pieces of evidence of such an affair is the birth of a child with someone other than the lawful spouse. Below is an in-depth overview of the relevant legal provisions, the distinctions between adultery and concubinage, the evidentiary significance of having another child, and the available remedies under Philippine law.

1. Legal Basis

A. Revised Penal Code Provisions

  1. Adultery (Article 333, Revised Penal Code)

    • Defined as: Committed by a married woman who has sexual intercourse with a man other than her husband, and by the man who has carnal knowledge of her, knowing her to be married.
    • Key Elements:
      1. The woman is married.
      2. She has sexual intercourse with a man not her husband.
      3. The man knows that the woman is married.

  2. Concubinage (Article 334, Revised Penal Code)

    • Defined as: Committed by any husband who keeps a concubine in the conjugal dwelling, or under scandalous circumstances elsewhere, or cohabits with her in any other place, and by the concubine herself.
    • Key Elements:
      1. The man is married.
      2. He either:
        • Keeps a mistress in the conjugal home,
        • Has sexual intercourse under scandalous circumstances, or
        • Cohabits with the mistress in any other place.

B. Family Code of the Philippines

Although the Family Code (Executive Order No. 209) primarily deals with family rights and obligations, issues of adultery and concubinage may lead a spouse to consider other legal remedies provided in the Family Code, such as legal separation or seeking support for illegitimate children.

2. Distinction Between Adultery and Concubinage

  1. Who can commit the offense

    • Adultery: The wife and her paramour.
    • Concubinage: The husband and his concubine.

  2. Nature of proof

    • Adultery: Requires proof of sexual intercourse between the married woman and a man not her husband.
    • Concubinage: Requires proof of cohabitation or scandalous circumstances with a mistress.

  3. Severity of Penalty

    • In practice, adultery carries a higher penalty than concubinage under the Revised Penal Code.

  4. Evidentiary Requirements

    • Both are private crimes, meaning only the offended spouse can file the criminal complaint (or their heirs in cases where the offended spouse cannot do so under certain circumstances).

3. Significance of Having Another Child

When one spouse has a child with someone other than the lawful spouse, it often serves as strong circumstantial evidence of an extramarital relationship. However, the existence of a child alone is not always conclusive proof of adultery or concubinage; it must be linked to the elements of the crime:

  1. For Adultery

    • The wife’s pregnancy or the birth of a child can be presented as proof of sexual relations with a man not her husband.
    • The complainant must still prove the identity of the man and his knowledge of the woman’s married status.

  2. For Concubinage

    • If the husband fathers a child outside marriage, it may suggest he is cohabiting or at least engaging in a relationship with another woman.
    • However, to successfully prosecute concubinage, there must also be proof of cohabitation in a manner described by law (i.e., in the conjugal dwelling, under scandalous circumstances, or continuous cohabitation in another place).

  3. Establishing Paternity/Maternity

    • DNA testing or other forms of scientific evidence may be utilized to prove that the child is indeed that of the offending spouse.
    • Documentary evidence (e.g., birth certificate listing the father’s name, sworn statements) can also bolster a claim.

4. Criminal Procedure Considerations

  1. Private Crime Filing Requirements

    • Only the offended spouse can initiate the criminal action.
    • The aggrieved spouse must include both parties in the charge (i.e., for adultery: the wife and her paramour; for concubinage: the husband and his concubine), unless one cannot be included for valid reasons.

  2. Requirement of Forgiveness

    • If the offended spouse condones the offense (through express or implied forgiveness), he or she may lose the right to prosecute.
    • Reconciliation between the spouses generally bars criminal prosecution for these private crimes.

  3. Prescriptive Period

    • Crimes of adultery and concubinage prescribe (i.e., the right to file expires) within a few years (generally five years) from the date the offense was discovered by the offended party.

5. Civil and Other Legal Implications

  1. Legal Separation

    • Under the Family Code, adultery or concubinage is a ground for legal separation.
    • Legal separation allows the spouses to live separately but does not dissolve the marriage bond.

  2. Annulment or Declaration of Nullity

    • Adultery or concubinage, by itself, is not a direct ground for annulment or declaration of nullity.
    • However, psychological incapacity (Article 36, Family Code) or other grounds might be considered in certain circumstances, though this is a separate legal avenue.

  3. Child Support

    • A child born outside of marriage is considered illegitimate under Philippine law.
    • The father (or mother, if the father is the offended spouse) is still legally required to provide support to his (or her) illegitimate child.
    • The right of an illegitimate child to support and inherit (subject to certain limitations compared to legitimate children) is protected by law.

  4. Property Relations

    • If the marriage is under absolute community or conjugal partnership of gains, the offended spouse may have concerns about property being diverted to support the concubine or paramour and the illegitimate child.
    • The law provides that support should primarily come from the separate property of the guilty spouse, but disputes often arise in practice.

  5. Damages

    • The offended spouse may file a civil action for damages under Article 2219 of the Civil Code, citing moral or other damages resulting from adultery or concubinage.

6. Evidentiary Tips and Challenges

  1. Gathering Evidence

    • Birth Certificate: If the extramarital child’s birth certificate lists the offending spouse as the father (or the mother if the offending spouse is the wife), this can be substantial circumstantial evidence.
    • Witness Testimony: Neighbors, friends, or relatives who have direct knowledge of the extramarital relationship or cohabitation may be asked to testify.
    • Photographs, Messages, Correspondence: Social media posts, text messages, or other communications indicating an intimate relationship can support a claim.

  2. Challenges

    • Privacy Issues: Adultery and concubinage are private crimes; only certain parties have the right to bring the action.
    • Inadmissible Evidence: Illegally obtained evidence (e.g., phone tapping, hacking) may not be admissible in court.
    • Requirement of Specific Proof: For example, to prove adultery, you must prove specific instances of sexual intercourse; suspicion or rumor alone is insufficient.

7. Practical Considerations and Legal Strategy

  1. Impact on Family and Children

    • Filing a criminal case can create deeper personal and familial rifts.
    • Parties often explore alternative resolutions (e.g., mediation) for the sake of any children involved.

  2. Legal Counsel

    • It is highly advisable to consult with a lawyer experienced in family law and criminal law to assess the strength of evidence and ensure the correct filing of the complaint.

  3. Potential Outcomes

    • Criminal prosecution can result in imprisonment for the offending spouse and their partner, though actual jail terms are relatively rare due to various procedural and evidentiary hurdles.
    • A legal separation decree may also be issued if the offended spouse chooses that route.
    • Financial obligations (support for legitimate and illegitimate children) will be addressed separately in civil or family courts.

8. Conclusion

Having a child with someone other than one’s legal spouse in the Philippines can be a significant factor in claims for adultery or concubinage, serving as strong circumstantial (though not automatically conclusive) evidence of an extramarital affair. To bring a successful claim, the offended spouse must satisfy all the elements of either adultery or concubinage under the Revised Penal Code and must do so within the prescribed time limits.

From a family law perspective, the existence of an illegitimate child introduces separate issues of child support and possible claims to inheritance. Meanwhile, the wronged spouse may choose to pursue criminal charges, seek a decree of legal separation, or file a civil suit for damages. Because of the complexity of legal and procedural requirements, it is crucial for an aggrieved party to consult with a qualified attorney to navigate potential criminal and civil actions effectively.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns and case assessment, it is best to consult a licensed attorney in the Philippines who can provide guidance tailored to your unique circumstances.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login