Divorce Proceedings for Adultery in Long-term Marriage

Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, it is best to consult a qualified attorney licensed to practice in the Philippines.

1. Introduction

In many countries, divorce is a standard legal remedy for a spouse who has been wronged by adultery. However, the legal landscape in the Philippines is uniquely restrictive. Except under the Code of Muslim Personal Laws for Filipino Muslims, the Philippines does not recognize absolute divorce for the majority of Filipino citizens. This article examines how adultery is addressed under Philippine law, particularly in the context of ending a marriage—whether that marriage is long-term or not. We will discuss the available legal remedies, criminal consequences, property implications, and procedural details.

2. Status of Divorce in the Philippines

  1. General Prohibition of Divorce

    • The Philippines does not recognize divorce for most of its citizens. This prohibition is governed mainly by the Family Code of the Philippines (Executive Order No. 209).
    • For non-Muslim Filipino couples, there is no option for absolute divorce in local courts.

  2. Exception Under the Code of Muslim Personal Laws

    • Presidential Decree No. 1083, also known as the Code of Muslim Personal Laws, allows divorce for Filipino Muslims.
    • The law applies only when both spouses are Muslims or when the husband is Muslim and the marriage was celebrated in accordance with Muslim rites.
    • Grounds for divorce and the procedures are found in this special statute, which is distinct from the Family Code.

  3. Recognition of Foreign Divorce

    • If one spouse is a foreign national (i.e., not Filipino) and obtains a valid divorce abroad, the divorce may be recognized in the Philippines.
    • A Filipino citizen whose foreign spouse has obtained a divorce can file a petition for judicial recognition of that foreign divorce decree in Philippine courts. If recognized, this allows the Filipino spouse to remarry under Philippine law.

3. Adultery Under the Revised Penal Code

While divorce may not be available to most Filipinos, adultery is recognized as a criminal offense under the Revised Penal Code (RPC). Understanding the criminal implications is crucial:

  1. Definition of Adultery

    • Adultery is committed by a married woman who engages in sexual intercourse with a man who is not her husband. The man who has carnal knowledge of the married woman is also guilty of adultery.
    • Adultery, as defined under Article 333 of the RPC, is specific to the wife’s extramarital affairs. The counterpart offense for husbands is concubinage (Article 334), which has a different legal definition and penalty.

  2. Penalty

    • The penalty for adultery is prisión correccional in its medium and maximum periods (i.e., from 2 years, 4 months and 1 day to 6 years).
    • Each act of adultery is punishable separately, meaning each instance of sexual intercourse can be treated as a separate offense.

  3. Criminal Complaint Requirements

    • The offended spouse (the husband, in case of adultery) must file a criminal complaint.
    • The complaint must name both the wife and her alleged lover as respondents.
    • The complaining spouse must also prove the fact of marriage and the act of sexual intercourse.

  4. Implications for Marriage Dissolution

    • A criminal conviction for adultery does not automatically dissolve the marriage.
    • However, it may serve as grounds for legal separation under the Family Code (not absolute divorce).

4. Grounds for Legal Separation

Because the Philippines does not generally allow divorce, legal separation is often explored by a spouse who wants to live apart without dissolving the marital bond. Under the Family Code:

  1. Legal Separation vs. Annulment/Nullity of Marriage

    • Legal Separation: The marriage remains valid; spouses are merely allowed to live separately. The obligation to support each other may continue, and neither spouse can remarry.
    • Annulment or Declaration of Nullity: These processes can end a marriage or declare that it was void from the start, albeit on very specific legal grounds (e.g., psychological incapacity, lack of parental consent, fraud, etc.).

  2. Adultery as a Ground

    • Article 55 of the Family Code lists adultery or concubinage as grounds for legal separation.
    • The petitioning spouse must file the action within five years from the time the adultery was discovered.

  3. Consequences of Legal Separation

    • Separation of property or a regime of complete separation of property will be adopted if the petition is granted.
    • The offending spouse may lose inheritance rights from the innocent spouse.
    • The couple cannot remarry—since the marriage bond is not severed, only their cohabitation and certain property relations are ended.

5. Annulment or Declaration of Nullity of Marriage

Since divorce is not available for most, many seek annulment or declaration of nullity in hopes of severing the marriage bond. However, adultery by itself is not a direct ground for either:

  1. Annulment

    • A marriage can be annulled only for specific grounds that existed at the time of the marriage, such as:
      • Lack of parental consent (for marriages of individuals between 18 and 21 years old).
      • Insanity or psychological incapacity existing at the time of marriage.
      • Fraud, force, intimidation, or undue influence in procuring the marriage.
      • Impotence or sexually transmissible disease unknown to the other spouse at the time of marriage.
    • Adultery committed after the marriage does not qualify as a ground for annulment.

  2. Declaration of Nullity

    • This is for marriages that are void from the beginning, such as:
      • A bigamous or polygamous marriage.
      • Incestuous marriages.
      • Marriages under Article 36 (psychological incapacity).
    • Again, adultery after the marriage ceremony is not, by itself, a ground to declare the marriage null and void from the start.

6. Divorce Under the Code of Muslim Personal Laws

For Filipino Muslims or marriages solemnized in accordance with Muslim rites:

  1. Grounds for Divorce

    • Under Presidential Decree No. 1083, valid grounds include the husband’s failure to provide support, cruelty, desertion, or even mutual agreement to divorce.
    • Adultery by the wife can be a ground for the husband to repudiate the marriage. Likewise, if the husband commits offenses analogous to adultery (or is proven unfaithful under certain interpretations), the wife may seek divorce.

  2. Procedure

    • These matters are adjudicated in Shari’a courts, which have jurisdiction over Muslim personal law in certain parts of the country (predominantly in the Autonomous Region in Muslim Mindanao, but also accessible for Muslims elsewhere through the designated court system).
    • The proceeding can lead to an actual dissolution of the marriage bond, allowing remarriage.

  3. Application to Long-term Marriages

    • The duration of the marriage does not generally alter the grounds. A couple married for 20 years or 2 years can seek the same remedies if the grounds are established.

7. Effect of Adultery on Long-Term Marriages

Despite the longevity of a marriage, the legal implications of adultery remain largely the same in the Philippines:

  1. No Special Exemptions for Long-Term Marriages

    • Philippine law does not differentiate between a short marriage and a long-term marriage in terms of grounds or remedies.
    • The same processes (legal separation, annulment, declaration of nullity) and the same potential criminal liabilities (adultery under the Revised Penal Code) apply regardless of how long the couple has been married.

  2. Prescriptive Period

    • If a spouse plans to file criminal charges for adultery, note that the law imposes time limits (prescriptive periods). Generally, an action for adultery must be commenced within a set period from the commission or discovery of the offense (ordinarily 5 years).
    • The same time constraint applies to filing for legal separation based on adultery. The action must be brought within five years from the time the aggrieved spouse learns of the adulterous act.

  3. Emotional and Financial Complexity

    • In a long-term marriage, issues such as division of assets, spousal support, and emotional entanglements can make legal proceedings especially complicated.
    • While this does not change the letter of the law, it can heavily influence the strategy, negotiations, and settlement.

8. Property Regime and Financial Consequences

When spouses opt for legal separation or seek other legal remedies, the property regime becomes relevant:

  1. Conjugal Property vs. Absolute Community Property

    • If the spouses married before the effectivity of the Family Code (August 3, 1988), they might be under the Conjugal Partnership of Gains regime.
    • If they married after, they might be under the Absolute Community Property regime unless they executed a prenuptial agreement.
    • Adultery itself does not typically affect how assets are divided, but the granting of legal separation can. For instance, the offending spouse may lose some rights over the couple’s properties depending on court orders.

  2. Disinheritance

    • Under certain circumstances, a spouse found guilty of adultery could be disinherited from the innocent spouse’s will (if the innocent spouse chooses to do so).
    • Philippine succession law allows an offended spouse to disinherit an adulterous spouse.

  3. Support

    • Even in legal separation, the court may require the offending spouse to provide support to the children (and in some cases, to the innocent spouse) depending on their financial capacity and the needs of the family.

9. Procedural Steps and Considerations

  1. Gather Evidence

    • In cases of adultery, solid evidence (e.g., photos, messages, eyewitness accounts) is crucial for either a criminal complaint or a legal separation petition.
    • Philippine courts require a high level of proof for criminal convictions.

  2. Consultation with a Lawyer

    • Because of the complexity of family law in the Philippines, it is advisable to consult with a family law attorney or, if you are Muslim, an attorney knowledgeable in Shari’a law.
    • A lawyer can help determine whether pursuing legal separation, an annulment, a criminal complaint, or recognition of a foreign divorce (if applicable) is the best course of action.

  3. Psychological and Social Factors

    • For long-term marriages, the psychological and social ramifications (children, extended family, reputation) often weigh heavily in decision-making.
    • Mediation and counseling (court-annexed or private) can be considered before initiating formal proceedings.

  4. Time, Cost, and Emotional Toll

    • Family law cases in the Philippines can be time-consuming, sometimes taking years to conclude.
    • Costs can include attorney’s fees, court fees, and other expenses (psychological assessments, etc.).
    • Emotional stress is a significant factor, particularly in contested proceedings.

10. Conclusion

In the Philippine context, “Divorce Proceedings for Adultery in Long-term Marriage” are not straightforward because, for most Filipinos, divorce is not legally available. Instead, the law offers:

  • Criminal proceedings (adultery under the Revised Penal Code)
  • Legal separation (a partial remedy)
  • Annulment or declaration of nullity (but not based solely on adultery)
  • Divorce under the Code of Muslim Personal Laws (for Filipino Muslims)
  • Recognition of foreign divorce (if one spouse is a foreign national and obtains divorce abroad)

Adultery may serve as a strong ground for legal separation, can be a basis for criminal action, and can have implications for property rights and inheritance. However, it does not by itself terminate a marriage under Philippine law (except in the limited circumstances afforded by Muslim personal laws).

Before taking legal steps, one should weigh the emotional, financial, and social factors. Most importantly, seeking professional legal advice is crucial to navigate the intricacies of family law in the Philippines—particularly for long-term marriages where joint properties, children, and other complexities are involved.

Disclaimer: This guide provides a general overview based on the legal framework in effect as of this writing. Changes in the law or unique facts of each case may affect outcomes. Always consult an attorney for legal counsel specific to your situation.

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