Disclaimer: The following article is provided for general informational and educational purposes only and does not constitute legal advice. For specific questions or concerns regarding adultery and other related legal matters, it is recommended to consult a licensed attorney in the Philippines.

Criminal Case for Adultery in the Philippines: An Overview

Criminal liability for adultery in the Philippines is governed primarily by the Revised Penal Code (RPC). While there have been ongoing discussions about revising or repealing the provisions on marital infidelity, as of this writing, Articles 333 (Adultery) and 334 (Concubinage) of the RPC remain in effect. This article focuses on the crime of adultery, its elements, procedures, penalties, and other critical aspects under Philippine law.

1. Legal Definition of Adultery (Article 333, Revised Penal Code)

Under Article 333 of the Revised Penal Code:

“Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her, knowing her to be married.”

From this definition, we can identify the key elements that must be established to sustain a criminal charge for adultery:

The woman is legally married.
There must be a valid subsisting marriage between the accused wife and her lawful husband at the time of the act.
She has sexual intercourse with a man not her husband.
The act of sexual intercourse (carnal knowledge) must be proven. Adultery refers specifically to the physical, sexual act.
The man with whom she has intercourse knows her to be married.
Knowledge of the woman’s marital status is required for the male partner to be held criminally liable.

Both the married woman and her male partner may be charged as co-accused under Article 333.

2. Nature of the Crime: A Private Offense

In the Philippines, adultery and concubinage are considered private crimes. This means:

Only the offended spouse (the lawful husband, in the case of adultery) may initiate or file the criminal complaint.
No other party (e.g., relatives, public authorities) can file an adultery case on behalf of the offended spouse, unless specifically authorized by law and subject to certain exceptions.

A. The Rule of Indispensable Party

When filing the complaint for adultery:

The husband must include both his wife and her alleged paramour in the complaint.
If he fails to include one of them without a valid reason, the complaint may be dismissed.

B. Legal Standing of the Offended Spouse

The offended husband should be able to show that he has the standing or capacity to sue, i.e., he must prove that he is legally married to the accused wife. If the marriage itself is void, the charge of adultery may not stand.

3. Penalties for Adultery

Under the Revised Penal Code, adultery is punishable by:

Prisión correccional in its medium and maximum periods.

This typically ranges from 2 years, 4 months, and 1 day to a maximum of 6 years of imprisonment.

The precise length of imprisonment within that range is left to the court’s discretion, depending on mitigating or aggravating circumstances.

4. Differences Between Adultery and Concubinage

While both adultery and concubinage are crimes of marital infidelity, Philippine law treats them differently:

Adultery (Article 333)
- Committed by a married woman who engages in sexual intercourse with a man who is not her husband.
- Punished under prisión correccional (2 years, 4 months, and 1 day up to 6 years).
- Requires proof of a single act of sexual intercourse.
Concubinage (Article 334)
- Committed by a married man under the following circumstances:
  1. He keeps a mistress in the conjugal dwelling,
  2. He has sexual intercourse under scandalous circumstances with a woman not his wife, or
  3. He cohabits with her in any other place.
- Punished with prisión correccional in its minimum period (6 months and 1 day up to 2 years and 4 months) for the husband, and a lower penalty (destierro or banishment) for the concubine.
- Often requires proof of habituality or cohabitation (not just a single act of intercourse).

The disparity in the punishment and the proof requirements has been a subject of criticism, as it appears more stringent on women than men under current Philippine law.

5. Essential Proof and Evidence

Because adultery hinges on proof of sexual intercourse, and because it is typically done in private, direct evidence is often difficult to obtain. Common sources of evidence can include:

Testimonies of witnesses (e.g., private investigators, neighbors, family members who have personal knowledge of the adulterous acts).
Photographic or video evidence (though privacy laws and evidentiary rules on admissibility must be considered).
Admissions or confessions from either party (written or recorded).
Documentary evidence, such as hotel receipts, text messages, chat logs, or any relevant correspondence.

Courts will evaluate the totality of evidence to determine whether it sufficiently establishes the elements of adultery.

6. The Role of Forgiveness or Consent

A. Pardon by the Offended Spouse

Adultery is considered a private crime, and the law allows for what is called a pardon by the offended spouse. If the offended spouse pardons both the guilty parties (the spouse and the paramour) before the institution of the criminal action, the case can be barred.

B. Consent

If the offended spouse consented to or facilitated the commission of the adulterous act, this can be a defense against a charge of adultery. However, consent must be proven with clear and convincing evidence; mere inaction or passive acceptance does not necessarily amount to consent.

7. Procedure for Filing an Adultery Case

Filing of the Complaint-Affidavit
- The offended spouse (husband) must execute a Complaint-Affidavit alleging the facts of adultery.
- This complaint is filed with the Office of the City Prosecutor or Provincial Prosecutor, depending on the jurisdiction.
Preliminary Investigation
- A Prosecutor conducts a preliminary investigation to determine whether there is probable cause to charge the accused in court.
- The accused parties are given the opportunity to submit counter-affidavits.
Resolution and Filing of Information
- If the Prosecutor finds probable cause, an Information is filed before the Regional Trial Court (RTC).
- The court acquires jurisdiction over the case once the Information is docketed.
Arraignment and Trial
- The accused parties are arraigned and enter their plea (guilty or not guilty).
- Trial on the merits proceeds with presentation of evidence and witnesses from both sides.
Judgment and Sentencing
- If found guilty, the court imposes the corresponding penalty (imprisonment for the wife and the paramour, if proven to have knowledge of her marriage).
- If acquitted, the case is dismissed.

8. Prescription of the Offense

The crime of adultery prescribes within five (5) years from the date of the commission of the offense. However, in practice, the clock may be argued to run from discovery if the adulterous acts are concealed. To avoid complex legal debates on prescription, it is advisable for the offended spouse to act promptly if pursuing legal action.

9. Civil Implications and Other Legal Remedies

A. Civil Actions for Damages

The offended spouse may also consider filing a civil action for moral damages if the adulterous act caused mental anguish, emotional distress, or besmirched reputation. The success of such civil suit often hinges on proving the wrongful act and the harm caused.

B. Annulment or Legal Separation

Psychological Incapacity (Annulment): Though typically unrelated to proving adultery directly, a spouse who feels the marriage is irreparable might explore an annulment on grounds recognized by law (e.g., psychological incapacity).
Legal Separation: Adultery or concubinage is a recognized ground for filing a petition for legal separation under the Family Code of the Philippines.

C. Custody and Support Issues

Regardless of any adultery proceedings, the best interests of the child/children (if any) remain paramount. Courts address custody and support issues separately, guided by the Children’s Welfare principle.

10. Recent Developments and Criticisms

Gender Bias Concerns: Human rights advocates and legal reformists argue that Articles 333 and 334 discriminate against women. Adultery is penalized more strictly and requires less proof (a single act) compared to concubinage, which demands proof of cohabitation or scandalous circumstances.
Potential Decriminalization: Various bills have been introduced in Congress seeking to decriminalize adultery and concubinage or revise their provisions to address gender biases. However, until these bills are enacted into law, adultery remains a criminal offense in the Philippines.

11. Practical Considerations and Advice

Consult a Lawyer: Given the complexities in proving adultery and the personal nature of marital disputes, seeking legal counsel is crucial.
Gather Substantial Evidence: A solid case requires proof beyond reasonable doubt. In adultery, where proof of the actual sexual act is key, it is vital to have credible witnesses, documentary evidence, or other persuasive means of showing intercourse.
Consider Reconciliation or Mediation: Since adultery cases are rooted in personal relationships, some couples may opt for mediation or counseling before resorting to a criminal lawsuit.
Beware of Countercharges: If the offended spouse also commits marital infidelity or if there is any indication of consent or prior forgiveness, this may lead to complications or even dismissal of the complaint.

12. Conclusion

Adultery remains a punishable offense under Philippine law, imposing a serious legal consequence for marital infidelity committed by a married woman and her paramour. The strict requirements and the private nature of the offense underscore the importance of obtaining appropriate legal guidance. While controversies and calls for reform persist, spouses considering legal action for adultery must adhere to the current provisions of the Revised Penal Code and the procedures in Philippine criminal law.

If you believe you have grounds to file or defend against an adultery complaint, it is highly advisable to consult with a qualified Philippine attorney to navigate the intricacies of the law, protect your rights, and determine the best course of action under the circumstances.

References:

Revised Penal Code of the Philippines (Act No. 3815), Articles 333 and 334.
Family Code of the Philippines (Executive Order No. 209).
Jurisprudence on adultery and concubinage cases (e.g., Philippine Supreme Court decisions).