Below is a general discussion on the possibility of filing a claim for emotional distress arising from a partner’s infidelity in a non-marital cohabitation arrangement in the Philippines. This is for informational purposes only and should not be taken as legal advice. For personalized guidance, please consult a qualified attorney.

1. Overview of Philippine Law on Emotional Distress

In the Philippine legal system, emotional distress claims (sometimes referred to in other jurisdictions as “infliction of emotional distress” or “moral damages” suits) usually arise from:

Obligations and Contracts (Civil Code provisions on contractual breaches when there is an existing obligation);
Quasi-delicts (Torts) under the Civil Code (Articles 19, 20, and 21, also known collectively as the “abuse of rights” principle); and
Criminal acts that also allow civil indemnity for damages (where emotional harm is recognized as recoverable through moral damages).

However, Philippine law does not explicitly provide a direct cause of action solely for “infidelity” in an unmarried relationship. Instead, if one hopes to obtain damages for emotional harm caused by a partner’s infidelity in a non-marital (common-law) relationship, it generally must be grounded in general civil law principles—specifically Articles 19, 20, and 21 of the Civil Code.

2. Non-Marital Cohabitation and Infidelity Under Philippine Law

No Specific Criminal Offense for Unmarried Partners
- Under the Revised Penal Code, the crimes of adultery and concubinage apply only to married individuals. Thus, if you and your partner are not legally married, you cannot file a criminal complaint of adultery or concubinage based solely on the partner’s infidelity.
- Because these criminal offenses require a marital bond, non-marital cohabiting partners cannot invoke them.
No “Alienation of Affection” or Similar Tort
- Some jurisdictions (e.g., certain U.S. states) allow “alienation of affection” suits, but the Philippines does not recognize such a cause of action. There is no statutory or common law equivalent that allows a direct lawsuit against a partner or a third party merely for causing emotional harm through infidelity.

3. Potential Basis for a Civil Claim: Articles 19, 20, and 21

3.1 Article 19 (Principle of Abuse of Rights)

Article 19 of the Civil Code states:

“Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.”
This provision imposes a duty on every person to act fairly and in good faith. If one’s act (or omission), while within the scope of their legal rights, is carried out in a manner that is wilfully abusive or malicious, the injured party can theoretically claim damages.

3.2 Article 20 (Breach Causing Damage)

Article 20 provides:

“Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.”
If the act of infidelity (or the manner in which it was committed) is deemed “contrary to law” or performed with wrongful intent or negligence—and it causes damage—this may be invoked as a ground for recovery of damages.

3.3 Article 21 (Acts Contrary to Morals, Good Customs, Public Order, or Public Policy)

Article 21 states:

“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.”
If the infidelity and the associated deception or betrayal are found by the court to be “contrary to morals or good customs,” a claim may be pursued under Article 21.
Courts have sometimes used Article 21 as a catch-all provision for situations where a person’s intentional act is not necessarily criminal but is still morally reprehensible and causes harm to another.

4. Challenges in Proving Emotional Distress in Infidelity Cases

4.1 Establishing the Wrongful Act and Causation

To succeed in a civil claim for emotional distress, you must demonstrate:
1. Wrongful act or omission by the defendant (in this case, the cohabiting partner who committed infidelity or deception).
2. Damage or injury (the emotional or psychological harm you suffered).
3. Causation (that the wrongful act directly caused or was the proximate cause of your emotional distress).
4. Fault or negligence on the part of the defendant.

4.2 Standard of “Infidelity” and Proof

Since there is no marriage, courts may ask for evidence that:
- The parties were in a stable and exclusive cohabiting relationship;
- The defendant knowingly and maliciously violated the trust or expectations of the relationship in a way that is “contrary to morals, good customs, or public policy”;
- The harm you suffered (emotional trauma, mental anguish) is real and provable.

4.3 Subjective Nature of Emotional Distress

Emotional distress is often intangible. In Philippine practice, medical records (psychiatric or psychological evaluations), witness testimonies, and any other documentation (like messages showing the deceit, or proof of the negative impact on mental health and daily life) can be helpful.

5. Possible Damages Recoverable

If a court finds in your favor under Articles 19, 20, or 21, the following damages might be awarded:

Moral Damages – to compensate for mental anguish, serious anxiety, wounded feelings, social humiliation, and similar harm;
Nominal Damages – to recognize a technical injury that has no direct monetary value but deserves some award;
Exemplary (Punitive) Damages – in cases where the defendant’s act is extremely egregious, courts may impose exemplary damages by way of example or correction;
Attorney’s Fees – if the court sees fit to award them based on circumstances outlined in the Civil Code (Article 2208).

6. Practical Considerations

Litigation Costs and Burdens
- Filing a civil suit can be expensive, time-consuming, and emotionally draining. If the evidence of wrongdoing is not strong or if the alleged damages are not clearly substantiated, courts may be reluctant to award significant moral damages.
- Consider the cost-benefit aspect before proceeding.
Cultural and Social Norms
- Philippine courts often weigh local customs and social norms when assessing claims under the “morals and good customs” standard. The success of a case can depend on how convincingly you can show that the partner’s conduct was morally reprehensible.
Difficulty of Enforcing Judgments
- Even if you win, collecting damages can be a challenge if the defendant does not have sufficient assets or if they are uncooperative. Enforcement of the judgment is a separate legal process.
Alternative Remedies
- Instead of pursuing a lawsuit, some prefer mediation or private settlement. This can sometimes be faster, less adversarial, and less costly.
- If the cohabitation involves shared assets or properties, you might explore partition or settlement of those assets without necessarily suing for emotional distress.

7. Illustrative (Hypothetical) Steps in Filing an Emotional Distress Claim

Consult a Lawyer
- Discuss the facts of your case, the evidence you have, and the viability of filing a complaint based on Articles 19, 20, or 21 of the Civil Code.
Gather Evidence
- Compile proof of your cohabitation (e.g., shared address, statements from neighbors, receipts), evidence of infidelity (e.g., photos, messages, witness accounts), and documentation of emotional distress (e.g., medical or psychological reports, testimonies from relatives/friends about behavioral changes).
Draft and File the Complaint
- A lawyer will prepare a civil complaint specifying the factual background, legal grounds, and the damages claimed.
Undergo Court Processes
- The case proceeds with the filing of an Answer by the defendant, pre-trial conferences, possible mediation, trial proper, and judgment.
- You will have to testify to prove the emotional harm you suffered, and your lawyer will present your evidence.
- The defendant can counter that there is no recognized “infidelity tort” in the Philippines for unmarried couples. Your counsel must then rely on Articles 19, 20, or 21.
Receive Judgment
- If the court rules in your favor, the judgment will indicate the sum of damages and any other relief granted.
- If you are not satisfied, you can appeal, subject to rules on appeals.

8. Key Takeaways

No Straightforward “Infidelity” Case for Unmarried Couples
- There is no direct cause of action or criminal complaint for simple infidelity without marriage.
- Traditional criminal statutes on adultery or concubinage do not apply if you are not legally married.
Civil Suit Under Abuse of Rights Principle
- Your remedy, if any, would likely be a civil action under the Civil Code—particularly Articles 19, 20, and 21—seeking moral damages.
- Success hinges on proving a willful, malicious act against “morals and good customs” that directly caused demonstrable emotional harm.
High Evidentiary Bar
- Courts often require clear and convincing evidence of the wrongdoing and the resulting emotional distress.
- Emotional harm is subjective, so medical or psychological evidence is especially helpful in substantiating claims.
Consider Alternatives
- Litigation can be lengthy, expensive, and stressful. Out-of-court settlements, counseling, or mediation may be more practical options.
Seek Professional Legal Advice
- Each case is highly fact-specific. Consulting with a lawyer experienced in civil litigation and family law issues is crucial to evaluate your chances and possible strategies.

Disclaimer

This discussion is for general informational purposes and does not constitute legal advice. Laws and jurisprudence can change, and outcomes depend heavily on the specific facts and evidence in each case. For personalized guidance, always consult a duly licensed Philippine attorney.