Disclaimer: The following information is provided for general educational and informational purposes and does not constitute legal advice. Laws, regulations, and legal procedures may change, and the application of the law can vary widely based on the specific facts involved. For any legal concern or question you may have, you should consult directly with a qualified attorney who is licensed to practice in the Philippines.

How to File an Adultery or Concubinage Case in the Philippines

In the Philippines, adultery and concubinage are criminal offenses defined under the Revised Penal Code (RPC). They are distinct crimes that apply to different circumstances, but both involve a breach of the marital vow of fidelity. This guide covers key legal provisions, differences, requirements, and steps in filing a criminal complaint for adultery or concubinage.

1. Overview of Adultery and Concubinage Under Philippine Law

1.1. Adultery (Article 333 of the Revised Penal Code)

Definition: Adultery is committed by a married woman who has sexual intercourse with a man not her husband. The man who has sexual intercourse with a married woman, knowing her to be married, also commits adultery.
Elements to Prove:
1. The woman is married.
2. She had sexual relations with a man other than her husband.
3. The man had knowledge that she is married.
Penalty: Prisión correccional (ranging generally from 6 months and 1 day to 6 years). The exact duration depends on the court’s judgment and other circumstances.
Notable Point: In an adultery case, you must include both the offending spouse (the wife) and her partner as respondents if you wish to prosecute. You cannot file a case against only one party.

1.2. Concubinage (Article 334 of the Revised Penal Code)

Definition: Concubinage is committed by a married man under any of the following circumstances:
1. He keeps a mistress in the conjugal dwelling;
2. He has sexual intercourse under scandalous circumstances with a woman who is not his wife; or
3. He cohabits with her in any other place.
Elements to Prove:
1. The man is legally married.
2. He committed any of the three listed acts that constitute concubinage.
3. The relationship or act was carried out with a woman who is not his wife.
Penalty: The husband who commits concubinage may be punished by prisión correccional in its minimum and medium periods (6 months and 1 day up to 4 years and 2 months). The mistress may be punished by destierro (exile or banishment) if found guilty.
Notable Point: Similar to adultery, if you want to prosecute, you should include both the offending spouse (the husband) and the alleged mistress in the complaint.

2. Who Can File the Case?

One important aspect of filing adultery or concubinage cases is the rule on who has the right to file the criminal complaint. Under Article 344 of the Revised Penal Code:

Only the offended spouse can initiate the complaint. This is considered a private crime, meaning it cannot be prosecuted unless the aggrieved spouse files a criminal complaint.
The offended spouse must include both the spouse and the paramour/mistress as respondents (for adultery or concubinage, respectively).
If the offended spouse consented or pardoned the act, it is a defense that bars criminal prosecution. For instance:
- Express pardon: If the offended spouse explicitly forgave the offending spouse and/or paramour or mistress in writing or in a public statement.
- Implied pardon: When the offended spouse voluntarily cohabits with the offending spouse after discovering the infidelity.

3. Differences Between Adultery and Concubinage

Aspect	Adultery	Concubinage
Offending Spouse	Married woman	Married man
Key Element	Actual sexual intercourse with a man who is not her husband	Keeping a mistress in the conjugal home, having sexual intercourse under scandalous circumstances, or cohabiting with her elsewhere
Respondents	The married woman and her partner (must both be charged)	The married man and his mistress (must both be charged)
Penalty (Offending Spouse)	Prisión correccional (6 months, 1 day to 6 years)	Prisión correccional (6 months, 1 day to 4 years, 2 months)
Penalty (Paramour/Mistress)	Same penalty as the offending spouse	Destierro (exile)

4. Legal Requirements Before Filing

Marriage Validity: Ensure that there is a valid existing marriage between you (the offended party) and the offending spouse. If the marriage is annulled, declared void, or if a legal separation or de facto separation has overshadowed the relationship, it might affect the case.
Evidence of the Crime:
- For Adultery: Proof of actual sexual intercourse, such as written communications, photos, videos, or testimony. Circumstantial evidence (e.g., eyewitness accounts) can be used if direct proof is unavailable, but the standard of proof is still high.
- For Concubinage: Proof of the husband’s acts that constitute concubinage—e.g., evidence that the mistress is living in the conjugal home, that the husband maintains the mistress under scandalous circumstances, or that there is cohabitation elsewhere.
No Prior Condonation or Consent: If you previously forgave, accepted, or condoned the marital infidelity, the defense can invoke pardoning as a bar to criminal prosecution.
Timelines: Under the Revised Penal Code, private crimes like adultery or concubinage may have prescriptive periods (time limits) to file the case. Typically:
- Crimes punishable by prisión correccional prescribe in 5 years.
- Check with a lawyer about exact prescriptive periods to ensure you file before the deadline lapses.

5. Steps in Filing an Adultery or Concubinage Case

Step 1: Consult a Lawyer

Before taking any legal step, it is highly recommended to seek professional legal advice. A lawyer can help you assess the strength of your case, gather proper evidence, and prepare the necessary documents and affidavits.

Step 2: Gather Evidence

Collect all possible evidence to support the existence of the alleged crime. This can include:
- Text messages, social media posts, or email exchanges indicating a romantic relationship.
- Witness statements (from neighbors, friends, or other individuals who have direct knowledge of the infidelity).
- Photographs or videos (if available) that clearly establish the act or indicate cohabitation.
- Hotel receipts, communication logs, or any proof of scandalous behavior or cohabitation.

Step 3: Prepare a Complaint-Affidavit

With the assistance of your lawyer, draft a Complaint-Affidavit stating the facts of your case:
1. Your legal capacity to file (establishing you are the offended spouse).
2. Detailed narration of events indicating the criminal acts (dates, places, and circumstances).
3. Documents, pictures, or statements that serve as evidence.
Ensure that you comply with jurat requirements (the affidavit must be properly notarized).

Step 4: File the Complaint with the Office of the Prosecutor

Once your Complaint-Affidavit is ready, proceed to the Office of the City or Provincial Prosecutor where the alleged crime took place or where you and/or the respondents reside (check with your lawyer about the appropriate venue).
Submit:
1. The Complaint-Affidavit.
2. Supporting documents (documentary, photographic, or testimonial evidence).
3. Other relevant attachments.

Step 5: Preliminary Investigation

After filing, the prosecutor will conduct a preliminary investigation to determine whether there is probable cause to file charges in court.
- The respondents will be furnished copies of the complaint and evidence and will be given the opportunity to submit their Counter-Affidavit.
- You, as the complainant, may file a Reply-Affidavit if necessary.
- The prosecutor evaluates the pleadings and evidence.
If the prosecutor finds probable cause, they will file an Information in court, formally charging the respondents with adultery or concubinage.

Step 6: Arraignment and Trial

Once the Information is filed in court, the case is raffled to a judge and the respondents are arraigned, meaning they appear in court and enter a plea (guilty or not guilty).
Pre-trial follows, where the issues of the case are simplified, possible stipulations of facts are made, and evidence lists are marked.
Trial ensues with:
- Prosecution presenting its evidence and witnesses.
- Defense cross-examining the prosecution’s witnesses and presenting its own evidence.
After the trial, the judge renders a decision based on the evidence presented.

6. Possible Outcomes and Penalties

Conviction: If found guilty, the court may impose the penalty prescribed by law:
- Adultery: Prisión correccional (generally 6 months and 1 day to 6 years).
- Concubinage: Prisión correccional (6 months and 1 day to 4 years and 2 months) for the husband; destierro for the mistress.
Acquittal: If the court finds insufficient evidence or any valid defense (e.g., prior pardon, lack of the crime’s elements), the case may be dismissed.
Civil Liabilities: The court may also impose civil liabilities such as damages, depending on the facts. However, claims for civil damages due to marital infidelity can be pursued separately under certain circumstances (e.g., violation of protection orders under the Anti-Violence Against Women and Their Children Act, or psychological violence claims).

7. Defenses and Complications

Consent or Pardon: If the offended spouse condoned or forgave the offending spouse, prosecution may be barred.
Prescription: If the crime is not filed within the prescriptive period under the RPC.
Doubt in Evidence: Failure to prove beyond reasonable doubt that actual sexual intercourse occurred (for adultery) or that the husband committed one of the acts enumerated in concubinage.
Invalidity of Marriage: If the marriage is subsequently shown to be void ab initio, it negates the offense of adultery or concubinage.

8. Practical Considerations

Emotional and Social Implications: Filing an adultery or concubinage case is often emotionally charged and can have significant personal, financial, and familial repercussions. Psychological and social support (from family, counselors, or religious advisors) can be crucial.
Court System Delays: Philippine courts can experience backlogs, and criminal cases may take time to be resolved. Be prepared for multiple hearings, legal fees, and the emotional toll of prolonged litigation.
Alternative Remedies: Some spouses seek other legal remedies like annulment, legal separation, or civil actions for damages. Adultery or concubinage cases, being criminal, have higher evidentiary burdens and can be more adversarial. Consult a lawyer on what legal course is most appropriate for your goals.
Potential Impact on Future Family Law Cases: An ongoing or concluded adultery/concubinage case might affect other legal processes, such as claims for custody, support, or property relations in a subsequent annulment or legal separation.

9. Conclusion

Filing an adultery or concubinage case in the Philippines involves a specialized legal process due to their classification as private crimes under the Revised Penal Code. As the offended spouse, you are the only person authorized to bring forward the complaint, and you must meet strict legal and evidentiary requirements for the case to succeed. Given the complexity and potential ramifications—both legally and personally—securing the assistance of a qualified lawyer is essential.

Key Takeaways

Only the offended spouse can file adultery or concubinage cases, and must charge both the offending spouse and the paramour/mistress.
Evidence of sexual intercourse (for adultery) or cohabitation/mistress-keeping (for concubinage) is crucial.
Consent or pardon can bar prosecution.
Penalties vary but are generally in the range of prisión correccional for the offending spouse and destierro for the mistress in concubinage.
Consult a Philippine-licensed attorney to ensure full compliance with procedural and substantive requirements.

Disclaimer Reiterated: This article is intended for general informational purposes. It should not be interpreted as legal advice, nor does it create an attorney-client relationship. For advice specific to your situation, always seek the counsel of a qualified attorney licensed to practice in the Philippines.