Alienation of Affection in the Philippines

Question: Ano ang alienation of affection at may mga kaso na bang nanalo ang legal na asawa dito sa Pilipinas?

Alienation of Affection

Alienation of affection is a common law tort action that allows a spouse to sue a third party for willfully interfering with the marital relationship, leading to the loss of affection and companionship of the other spouse. This legal concept allows the aggrieved spouse to seek damages from the third party who is deemed responsible for the deterioration or end of the marriage.

Status in the Philippines

In the Philippines, alienation of affection is not explicitly recognized as a legal cause of action. The country's legal system, based on the Civil Code and the Family Code, does not provide a specific remedy for alienation of affection. Instead, the Philippines has provisions for addressing marital issues and infidelity through other legal means.

Legal Remedies for Marital Issues and Infidelity

1. Concubinage and Adultery

   • Under Articles 333 and 334 of the Revised Penal Code, adultery and concubinage are criminal offenses. Adultery is committed by a married woman engaging in sexual relations with a man not her husband. Concubinage is committed by a married man having sexual relations with a woman not his wife under scandalous circumstances or by cohabiting with her.
   • The aggrieved spouse can file a criminal complaint against the offending spouse and the third party involved.

2. Psychological Violence under RA 9262

   • Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, includes psychological violence as a form of abuse. Psychological violence includes infidelity that causes emotional and psychological harm to the wife.
   • The aggrieved spouse can file a complaint for psychological violence, seeking protection orders and criminal penalties against the offending spouse.

3. Civil Action for Damages

   • Under the Civil Code, a spouse may file a civil action for damages against the offending spouse or third party for acts causing moral, emotional, or psychological harm. Article 21 of the Civil Code provides that any person who wilfully 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.
   • This provision can be used to seek damages for acts leading to the alienation of affection indirectly.

Case Precedents

There are no widely recognized cases in the Philippines where a legal spouse has successfully won a case solely based on alienation of affection, as the concept itself is not part of Philippine law. However, there have been numerous cases where spouses have sought legal remedies through the available provisions for adultery, concubinage, and psychological violence.

Steps to Take for Filing a Case

1. Consult a Lawyer

   • Seek legal advice to understand the appropriate legal grounds and remedies available for your specific situation.

2. Gather Evidence

   • Collect evidence of infidelity or psychological abuse, such as messages, photographs, and witness statements.

3. File a Complaint

   • Depending on the circumstances, file a criminal complaint for adultery, concubinage, or psychological violence. Alternatively, file a civil action for damages if applicable.

4. Proceed with Legal Action

   • Follow through with the legal process, attending court hearings and providing evidence as required.

Conclusion

While alienation of affection is not a recognized legal action in the Philippines, there are other legal remedies available for spouses affected by infidelity and psychological abuse. These include criminal charges for adultery and concubinage, protection under the Anti-Violence Against Women and Their Children Act, and civil actions for damages. It is essential to consult a lawyer to determine the best course of action based on the specific circumstances.