Disclaimer: This article is provided for general information only and does not constitute legal advice. Laws and regulations may change over time, and specific cases can involve unique factual and legal circumstances. If you require legal assistance or advice, consult a qualified attorney in the Philippines.

Filing a Case for Adultery in the Philippines

In the Philippines, adultery is considered a criminal offense under the Revised Penal Code (RPC). While many other jurisdictions have decriminalized adultery or handle extramarital affairs in civil courts, the Philippines continues to treat adultery and concubinage as separate crimes. Below is an overview of what adultery is under Philippine law, who may file a complaint, the elements, penalties, and procedural requirements involved.

1. Legal Basis

1.1. Revised Penal Code Provisions

Article 333 of the Revised Penal Code defines and penalizes the crime of adultery. It applies only to the situation where:
- A married woman has sexual intercourse with a man who is not her husband; and
- The man who has carnal knowledge of her, knowing that she is married (or under circumstances which would lead him to reasonably believe she is married).
Article 344 of the Revised Penal Code provides rules on who can file the complaint and how. Adultery, like concubinage, is considered a “private crime,” meaning that only the offended spouse can initiate the criminal action.

1.2. Distinction From Concubinage

Adultery: Committed by the married woman and her male partner.
Concubinage: Committed by the married man under specific circumstances (e.g., keeping a mistress in the conjugal dwelling, having sexual intercourse under scandalous circumstances, or cohabiting with a woman who is not his wife in any other place).

This article focuses on adultery as defined and penalized under Philippine law.

2. Elements of Adultery

Under Philippine law (Article 333, RPC), for a case of adultery to succeed, the prosecution must prove the following essential elements:

Existence of a valid marriage: The woman involved must be legally married to another man at the time of the act.
Sexual intercourse: There must be actual carnal knowledge or sexual union between the married woman and her co-accused.
Identity of the parties: The prosecution must identify the wife and her paramour. Both are considered principals in the crime.
Knowledge of the marriage: The male partner must know or should have known that the woman is married.

Failure to prove any of these elements can result in the dismissal or acquittal of the accused.

3. Who Can File a Case for Adultery?

3.1. Exclusivity of the Offended Spouse’s Right

Only the offended husband can file a complaint for adultery. This limitation is clearly stated in Article 344 of the RPC. If someone else—such as a family member, a friend, or even a public prosecutor—attempts to file, the case cannot proceed unless the offended spouse ratifies or affirms the complaint.

3.2. Indispensable Inclusion of Both Parties

The complaint must be filed against both the wife and her alleged paramour. Failing to include one of them in the complaint can be a ground for dismissal.

4. Criminal Procedure and Process

Filing a criminal case for adultery involves several steps:

Consultation with a Lawyer
Before filing a complaint, the offended husband should consult a lawyer to evaluate whether the evidence is sufficient to establish the elements of adultery. A lawyer will also help ensure compliance with procedural requirements.
Preparation and Execution of the Sworn Statement (Affidavit-Complaint)
The offended spouse must execute a sworn affidavit (or affidavit-complaint) detailing:
- His identity;
- The identity of his wife and the alleged paramour;
- The facts constituting the act of adultery (date, place, circumstances);
- Proof of marriage (e.g., marriage certificate);
- Any other supporting evidence (witness statements, photos, messages, etc.).
Filing with the Prosecutor’s Office
The offended husband (through his lawyer) files the affidavit-complaint with the Office of the City or Provincial Prosecutor having jurisdiction over the location where the adultery allegedly took place. If there are multiple instances of alleged adultery in different places, the complaint can be filed in any jurisdiction where at least one adulterous act occurred.
Preliminary Investigation
- The prosecutor evaluates the complaint and supporting evidence.
- The respondents (the wife and her alleged paramour) are required to file their counter-affidavits.
- A clarificatory hearing may be held if needed.
- After evaluating the evidence on both sides, the prosecutor decides whether there is probable cause to file a criminal Information for adultery in court.
Court Proceedings
If the prosecutor finds probable cause and files an Information in court:
- The case is raffled to the appropriate trial court with jurisdiction over criminal cases (generally the Regional Trial Court).
- Arraignment and trial proceed. Both parties present their evidence and arguments.
- If proven guilty beyond reasonable doubt, both accused can be penalized as provided by law.

5. Penalties

Under the Revised Penal Code, adultery is punishable by prisión correccional in its medium and maximum periods. This translates to an imprisonment ranging from 2 years, 4 months, and 1 day to 6 years. The exact duration depends on the court’s discretion and consideration of aggravating or mitigating circumstances.

6. Key Considerations and Limitations

6.1. Effect of Pardon or Forgiveness

Article 344 states that “no criminal action for adultery or concubinage shall be brought except upon a complaint filed by the offended spouse,” and crucially, if the offended party condones or forgives the offense or has consented to the act, the complaint can no longer be pursued.
Resuming conjugal relations (cohabitation) after knowledge of the offense can be interpreted as an implied pardon.

6.2. Preservation of Evidence

Gathering credible evidence is crucial. Common forms of evidence in adultery cases include text messages, photographs, hotel receipts, witness testimonies, or any documentation that shows a pattern of illicit relations.
The court requires proof that the accused actually committed sexual intercourse—direct proof can be very difficult to obtain. In practice, circumstantial evidence showing they had the opportunity and motive may suffice, if strong enough to convince the court beyond reasonable doubt.

6.3. Possible Civil Cases and Other Remedies

The offended spouse may also pursue civil actions, such as a petition for legal separation or even annulment if applicable.
The offended spouse may sue for moral damages in some cases, though this typically forms part of other proceedings like legal separation or civil suits, not the criminal case itself.

6.4. Prescription Period

The criminal action for adultery generally prescribes (expires) in five years. This means the offended spouse must file the complaint within five years from the date of the commission of the offense or from the date it was discovered.

7. Adultery vs. Changing Social Views

Although adultery remains a criminal offense under the Revised Penal Code, there have been ongoing debates about decriminalizing marital infidelity in the Philippines. Critics argue that such cases are often used for vengeance or leverage in marital disputes, and it might be more appropriate to address marital issues under civil or family laws. Nonetheless, until any legislative change occurs, adultery remains punishable by Philippine law and can lead to imprisonment for both the wife and her paramour.

8. Practical Tips

Seek Legal Counsel Early
If you are considering filing a complaint or believe a complaint may be filed against you, consult an attorney immediately to understand your rights and obligations.
Gather Solid Evidence
The success of an adultery case heavily relies on strong evidence. Be mindful that the standard is “proof beyond reasonable doubt,” which is stringent.
Consider the Implications
A criminal case for adultery can be lengthy, costly, and emotionally taxing. Its outcome can also affect divorce proceedings overseas (if applicable), legal separation, or custody battles.
Explore Amicable Resolutions
While the law provides the route for criminal charges, many couples resolve their marital disputes through counseling, mediation, or civil proceedings (e.g., legal separation) rather than pursuing criminal sanctions.

Conclusion

Filing a case for adultery in the Philippines involves navigating specific provisions of the Revised Penal Code, strict procedural requirements, and the high evidentiary standard of criminal prosecutions. Only the offended husband can initiate the complaint, and it must be directed against both his wife and her alleged paramour. Evidence is central to the success or failure of the case, and legal counsel is indispensable throughout the process.

It is essential to understand that once filed, an adultery complaint may have far-reaching consequences, affecting not just the marital relationship but also the personal liberty of the individuals involved. Before proceeding, parties should weigh all legal, financial, and emotional factors, consult a trusted lawyer, and carefully consider the best approach for resolving marital issues.

Disclaimer: This article provides general information based on laws and practices prevailing in the Philippines as of this writing. Laws and their interpretation may change, and individual circumstances vary. Always consult a qualified Philippine attorney for current and personalized legal advice.