Criminal Case for Adultery in Married Individuals

Below is a comprehensive discussion of the crime of adultery in the Philippines—its legal basis, elements, penalties, procedural aspects, defenses, and related considerations. This write-up is based on the relevant provisions of the Revised Penal Code (RPC), established jurisprudence, and recognized legal doctrines in Philippine law.

1. Legal Basis and Definition

1.1. Statutory Source

  • Article 333 of the Revised Penal Code (RPC) defines and penalizes the crime of adultery in the Philippines.

1.2. Definition Under the Law

Under Article 333, adultery is committed by:

  1. A married woman who shall have sexual intercourse with a man not her husband; and
  2. The man who has carnal knowledge of this married woman, knowing that she is married, even if the marriage is later declared void.

In simpler terms, adultery focuses on the marital status of the woman. The wife’s infidelity is criminally punishable, and so is the act of the paramour (the man with whom she has sexual intercourse), provided he is aware that the woman is married.

2. Essential Elements of Adultery

For a successful prosecution under Article 333, the following elements must be established beyond reasonable doubt:

  1. Existence of a valid marriage.

    • The woman must be legally married at the time of the alleged act.
    • Even if the marriage is subsequently declared void or annulled, any adulterous act committed before such declaration can still be prosecuted.

  2. Sexual intercourse between the married woman and a man who is not her husband.

    • Proof of “carnal knowledge” is critical. Mere affectionate acts, cohabitation, or suspicious circumstances without proof of sexual intercourse are insufficient to constitute adultery.

  3. Knowledge by the paramour of the woman’s married status.

    • The man must know that the woman is married. If he had no knowledge that the woman is married, he cannot be held criminally liable for adultery, though the woman remains liable.

3. Penalties and Prescription

3.1. Penalty Under the Revised Penal Code

  • Adultery is punishable by prisión correccional in its medium and maximum periods, which ranges approximately from 2 years, 4 months and 1 day to 6 years.
  • Both the married woman and her paramour can be sentenced to the same penalty if found guilty.

3.2. Prescription of the Offense

  • The crime of adultery, being an offense punishable by prisión correccional, generally prescribes in 5 years.
  • This period is counted from the day the crime is discovered by the offended spouse (i.e., from the time the spouse learned of the adulterous act).

4. Who Can File the Case (Private Crimes Principle)

Under Philippine law, adultery is classified as a private crime. Accordingly:

  1. Only the offended spouse can initiate the criminal action. The State Prosecutor cannot act on mere rumor or complaint from third parties.
  2. The offended spouse must personally file or initiate the complaint; it cannot be delegated or assigned to anyone else.
  3. In filing the complaint, the offended spouse must include both the wife and her alleged paramour as respondents. Failure to include one of them, without a valid justification, can result in the dismissal of the complaint.

5. Procedure for Filing and Prosecuting an Adultery Case

  1. Complaint-Affidavit: The offended spouse must execute and file a complaint-affidavit before the Office of the City or Provincial Prosecutor (or equivalent). This affidavit should provide:

    • The facts showing the existence of a valid marriage;
    • The specific details (time, date, place) of the adulterous act(s);
    • Evidence or witnesses to prove that sexual intercourse occurred and that the paramour knew the woman was married.

  2. Preliminary Investigation:

    • The prosecutor conducts a preliminary investigation to determine if there is probable cause.
    • If the prosecutor finds probable cause, an Information (criminal charge) will be filed in court.

  3. Arraignment and Trial:

    • Upon filing of the Information in court, the accused will be arraigned and enter a plea.
    • The trial proceeds with the prosecution presenting evidence to prove all elements of adultery. The defense can present counter-evidence and avail of possible defenses.

  4. Judgment:

    • If found guilty, the accused may be sentenced within the range of prisión correccional (medium to maximum period).
    • Both the married woman and the paramour are penalized similarly if found guilty.

6. Defenses and Justifications

  1. No Sexual Intercourse:

    • The core element of adultery is sexual intercourse. If it is not sufficiently proven that the woman and the paramour had carnal knowledge, there can be no conviction.

  2. Lack of Knowledge of Married Status (for the Paramour):

    • The paramour may defend himself by proving he had no knowledge that the woman was married.

  3. Lack of Valid Marriage:

    • If the alleged marriage is proven void from the beginning (e.g., bigamous or void ab initio), the woman cannot be prosecuted for adultery. However, mere annulment or declaration of nullity after the adulterous act does not preclude prosecution for acts committed when the marriage was presumed valid.

  4. Forgiveness or Condonation:

    • Under the law, if the offended spouse expressly or impliedly condoned the adulterous act or consented to it, the complaint may be barred.
    • Condonation (or pardon) must be total; the offended party cannot choose to forgive only one offender (the wife or the paramour) while prosecuting the other. Condonation of one generally extends to both.

  5. Prescription of the Offense:

    • If more than 5 years have passed from the date the offended spouse discovered the adulterous act, the case can no longer be filed.

7. Relationship to Other Legal Actions

  1. Civil Actions (Legal Separation, Annulment)

    • An offended spouse can file a petition for legal separation based on sexual infidelity. The standard of proof in civil cases is lower (“preponderance of evidence”) than in criminal cases (“proof beyond reasonable doubt”).
    • A criminal conviction for adultery can be used as evidence in a civil case, but the two actions are independent of each other.

  2. Criminal Case for Concubinage (Husband’s Offense)

    • Under Article 334 of the Revised Penal Code, if the husband is the offending party, the crime is concubinage, not adultery. It has different elements and generally requires proof of cohabitation or scandalous circumstances. The penalty and procedure also differ.
    • Adultery (Article 333) pertains exclusively to a married woman’s infidelity; concubinage (Article 334) pertains to a married man’s infidelity under specific conditions.

8. Sociocultural and Constitutional Considerations

  1. Critiques of the Law

    • There have been debates and proposed legislation questioning the constitutionality or fairness of the adultery and concubinage provisions, pointing out perceived gender bias and conflicts with privacy and equality rights.
    • Despite debates, these provisions remain valid and enforceable unless amended or repealed by Congress or struck down by the courts.

  2. Balancing Rights

    • The offended spouse’s right to prosecute the betrayal of marital vows is protected, but it is carefully balanced by the requirement that only the offended spouse can initiate the complaint. This mechanism aims to protect individual privacy and avoid public scandal.

9. Practical Points to Remember

  1. Strict Proof Required:

    • Because adultery is a criminal offense, the courts require clear and convincing evidence of sexual intercourse.

  2. Include Both Accused in the Complaint:

    • Failure to indict both the wife and the paramour (if known) can result in dismissal.

  3. Time-Sensitive Filing (Prescription):

    • Offended spouses should be mindful of the 5-year prescriptive period from the date of discovery.

  4. Condonation Bars Prosecution:

    • Forgiveness (whether express or implied) negates the criminal complaint.

  5. No Double Jeopardy:

    • Once a final judgment (acquittal or conviction) has been rendered, the principle of double jeopardy protects the accused from being charged again for the same act.

10. Conclusion

In the Philippine legal system, adultery remains a punishable criminal offense aimed at protecting the sanctity of marriage. Governed by Article 333 of the Revised Penal Code, it specifically addresses the infidelity of a married woman and the culpability of her paramour, provided the man knows she is married. Because it is classified as a private crime, the offended spouse has the exclusive right to initiate prosecution, and must do so in a manner consistent with procedural and evidentiary requirements. The law imposes a penalty of prisión correccional in its medium and maximum periods, reflecting the serious view the State takes on marital fidelity.

Anyone facing issues related to adultery—whether as the offended spouse or as an accused—should seek professional legal counsel to navigate the complexities of criminal litigation and any parallel civil or family law proceedings. Despite ongoing discussions on the constitutionality or moral aspects of keeping adultery criminalized, the offense remains in force, and all parties are expected to comply with current legal standards.

References:

  • Revised Penal Code of the Philippines (Act No. 3815), Articles 333 and 334.
  • Supreme Court rulings interpreting Article 333, including case law on proof of adultery, prescription, and condonation.
  • Rules of Court, particularly on Private Crimes and Preliminary Investigation.
  • Jurisprudence on marital rights, criminal liability, and constitutional considerations relating to adultery.

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

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