Alienation of Affection Case Against Mistress

Below is a comprehensive discussion of the concept often called “Alienation of Affection” in relation to Philippine law. While “alienation of affection” is a familiar tort (civil wrong) in a few jurisdictions—particularly some states in the United States—it is not a recognized, standalone legal cause of action in the Philippines. Instead, Philippine law addresses extramarital relationships and their consequences through its criminal statutes (adultery, concubinage), family law provisions (Family Code), and, under certain circumstances, laws on violence against women and children and civil liability. This article aims to clarify the Philippine legal framework and possible remedies when dealing with a situation involving a “mistress” or a third party to a marriage.

1. Understanding “Alienation of Affection” and Its Non-Recognition in Philippine Law

  1. Alienation of Affection Defined (in Common Law jurisdictions)

    • In the handful of U.S. states where this tort still exists, a spouse can sue a third party (often referred to as a mistress or lover) for “alienating” the affections of the other spouse, thereby causing the breakdown of a marriage.
    • Traditionally, it focused on the idea that a spouse is entitled to the “companionship, cooperation, and affections” of their partner, and anyone who deliberately interferes with these marital rights could be liable.

  2. No Equivalent Tort Under Philippine Law

    • Philippine law does not recognize “alienation of affection” as a specific cause of action. You cannot simply sue a third party for enticing or luring one’s spouse away on that basis alone.
    • Instead, the Philippines utilizes a combination of criminal laws (adultery, concubinage), the Family Code, and civil liability concepts (e.g., Articles 19, 20, 21 of the Civil Code on “abuse of rights” or “acts contra bonus mores”) to address the harm caused by extramarital affairs.

2. Criminal Liability: Adultery and Concubinage

2.1 Adultery (Revised Penal Code)

  1. Definition and Elements

    • Under Articles 333 of the Revised Penal Code, adultery is committed by a married woman who has sexual intercourse with a man not her husband, and by that man who knows her to be married, even if separated in fact from her husband.
    • Both the married woman and her paramour (the third party) are held criminally liable.

  2. Penalties

    • The penalty for adultery can range from prision correccional in its medium and maximum periods (roughly 2 years, 4 months, and 1 day, up to 6 years).

  3. Who May File

    • Only the offended husband (the lawful husband of the woman) can file the criminal complaint for adultery, and both wife and the paramour must be included in the complaint.
    • This is a private crime, meaning prosecution cannot proceed unless the aggrieved spouse initiates it.

2.2 Concubinage (Revised Penal Code)

  1. Definition and Elements

    • 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. Cohabiting with her in any other place;
      3. Having sexual intercourse under scandalous circumstances with a woman not his wife.
    • In these scenarios, the husband is primarily held liable, and the third party (the mistress) may also be criminally liable as a co-accused.

  2. Penalties

    • The penalty for the husband is prision correccional in its minimum and medium periods (from 6 months and 1 day to 4 years and 2 months).
    • The penalty for the mistress is often less severe (destierro, or banishment from a certain place) but still carries legal consequences.

  3. Who May File

    • Only the offended wife can file the complaint for concubinage, and both the husband and the mistress must be included in the complaint.
    • As with adultery, this is also a private crime.

2.3 Challenges with Adultery and Concubinage

  • Evidentiary Challenges
    • Proving “sexual intercourse” (for adultery) and proving the specific acts for concubinage can be difficult, as it often requires direct or circumstantial evidence.
  • Unequal Penalties
    • Philippine criminal law imposes different penalties for adultery and concubinage, often criticized as favoring men or being archaic.

3. Violence Against Women and Children (VAWC) — RA 9262

  1. Overview

    • Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) penalizes various forms of abuse—physical, sexual, psychological, and economic—committed by a husband or partner against the wife (or mother of his children).

  2. Psychological Violence

    • Having an extramarital affair can be considered a form of psychological violence if it causes emotional or psychological distress to the wife.
    • While the third party (mistress) is not directly liable under RA 9262, the offended wife may proceed criminally against the husband if the affair results in anguish, emotional suffering, or mental anguish amounting to psychological violence.

  3. Relief Under VAWC

    • Temporary or permanent protection orders can be issued against the offending husband.
    • The law provides for both criminal penalties and possible civil damages.

4. Civil Liability for Moral Damages

  1. General Rule

    • While there is no separate tort for “alienation of affection,” a wronged spouse may pursue moral damages under the Civil Code if they can establish that the third party’s acts were willfully injurious, malicious, or contrary to morals, customs, or public policy (Articles 19, 20, and 21).

  2. Basis in the Civil Code

    • Article 19: Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
    • Article 20: Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.
    • Article 21: Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

  3. Practical Considerations

    • Filing a civil suit for moral damages against a mistress is possible but may be challenging. The offended spouse must show that the mistress committed acts that directly caused damage, and these acts are clearly against “good morals” or public policy.
    • Philippine courts vary in how they weigh moral damages in cases of marital infidelity. Some decisions award moral damages to the aggrieved spouse if they have sufficiently proven moral shock, social humiliation, wounded feelings, and emotional trauma.
    • This route requires litigation in a civil court, evidence of wrongdoing, and proof of damage. It does not replicate the “alienation of affection” elements from U.S. law but is instead anchored on general civil law provisions.

5. Family Code Remedies and Implications

  1. Legal Separation

    • A spouse can file for legal separation based on sexual infidelity or an extramarital affair (Family Code, Article 55).
    • Legal separation does not dissolve the marriage but separates property regimes and can provide other reliefs (e.g., spousal support, child custody arrangements).

  2. Annulment or Declaration of Nullity

    • Philippine law is restrictive on annulment or nullity of marriage. An extramarital affair, by itself, is not a ground for annulment or declaration of nullity, unless it is linked to a psychological incapacity under Article 36 of the Family Code and proven to be of a nature that is akin to a psychological disorder.
    • This is quite a high bar of proof.

  3. Effects on Children and Property

    • If a couple undergoes legal separation or has property disputes, the courts will address child support, custody, and division of property under the Family Code.
    • The presence of a mistress may be relevant when deciding custody if it adversely affects the children’s best interests, though each case is decided on its unique circumstances.

6. Key Takeaways

  1. No Standalone “Alienation of Affection” Suit

    • The concept familiar in some U.S. jurisdictions does not exist as an independent cause of action in Philippine law.

  2. Criminal Remedies

    • The primary criminal avenues involve adultery (if the unfaithful spouse is the wife) and concubinage (if the unfaithful spouse is the husband), both punishable under the Revised Penal Code. The third party (the “mistress”) can be held criminally liable in these contexts but only under specific conditions.

  3. Civil Remedies

    • Civil suits for moral damages may be pursued under Articles 19, 20, and 21 of the Civil Code if the aggrieved spouse can prove wrongdoing and injury.
    • These actions are not straightforward and hinge on whether courts find that the mistress’ (or third party’s) conduct was willfully injurious and contrary to morals or public policy.

  4. VAWC Law (RA 9262)

    • If the unfaithful spouse’s affair causes psychological or emotional harm, the wife may have recourse under the Anti-Violence Against Women and Their Children Act. This targets the husband’s behavior rather than directly imposing liability on the mistress.

  5. Family Code Consequences

    • Legal separation on the ground of sexual infidelity is possible, affecting property regimes and potentially child custody and support.
    • Annulment or declaration of nullity based solely on an affair is not an available remedy unless intertwined with a ground under the Family Code (e.g., psychological incapacity).

7. Practical Guidance

  1. Consult a Lawyer

    • Anyone considering legal action against a spouse or a mistress should consult a Philippine attorney specializing in family law or criminal law. They can provide tailored advice, evaluate evidence, and guide on filing (if at all viable).

  2. Gathering Evidence

    • If considering adultery or concubinage, the standard of proof is beyond a reasonable doubt, which can be quite demanding.
    • For civil suits, evidence of the emotional, psychological, or reputational harm, as well as proof of the third party’s malicious or willful conduct, is crucial.

  3. Consider Mediation or Other Non-Litigious Options

    • Marital disputes are emotionally charged. Some couples opt for counseling, mediation, or settlement to avoid lengthy court battles.
    • If children are involved, parents may consider less adversarial approaches for the children’s well-being.

  4. Manage Expectations

    • The Philippine legal system does not award large sums for “loss of affection” or “loss of consortium” akin to some U.S. jurisdictions.
    • The primary goal of criminal prosecution (adultery/concubinage) is penal in nature, not monetary. Civil damages, while possible, often require extensive litigation and are not guaranteed.

Conclusion

In the Philippine context, there is no direct “alienation of affection” case against a mistress comparable to those in some U.S. states. Instead, the legal system provides criminal remedies (adultery or concubinage) under the Revised Penal Code, and in some instances, the possibility of moral damages under the Civil Code if the mistress’s actions are proven malicious or injurious. Wives may also seek relief under RA 9262 for psychological or emotional abuse caused by a husband’s extramarital affair.

Ultimately, whether one can hold a mistress liable depends on strict legal grounds, sufficient evidence, and careful alignment with the specific requirements of Philippine law. As such, individuals who wish to pursue any complaint against an unfaithful spouse and the latter’s mistress should consult experienced legal counsel to navigate the appropriate strategies, remedies, and expectations under Philippine jurisprudence.

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