Infidelity and Child Support Legal Remedies in the Philippines

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and their interpretations can change over time. For specific legal issues and concerns, always consult a qualified attorney.

1. Introduction

Infidelity (often referred to as “cheating”) within the context of marriage can have significant legal consequences in the Philippines. Under Philippine law, acts of marital infidelity are usually addressed through criminal offenses under the Revised Penal Code and can serve as grounds for legal separation under the Family Code. Additionally, the responsibility to provide child support extends to all children, whether born within a valid marriage or out of extramarital relationships, ensuring that all minors receive the support they need. This article aims to provide an overview of how Philippine law addresses infidelity and child support, outlining the legal definitions, available remedies, and potential penalties.

2. Infidelity Under Philippine Law

2.1. Criminal Offenses: Adultery and Concubinage

Under the Revised Penal Code (RPC) of the Philippines, “infidelity” is penalized as either adultery or concubinage, depending on the specific circumstances and the spouse who is alleged to have committed the act.

Adultery (Article 333 of the RPC)
- Definition: Adultery is committed by a married woman who has sexual intercourse with a man other than her husband, and by the man who has carnal knowledge of her, knowing she is married.
- Who can be charged: Both the married woman and her paramour (the other man) can be charged simultaneously.
- Penalty: Adultery is punishable by prisión correccional, usually ranging from 6 months and 1 day to 6 years.
Concubinage (Article 334 of the RPC)
- Definition: Concubinage is committed by a married man under any of the following circumstances:
  1. Keeping a mistress in the conjugal dwelling,
  2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife, or
  3. Cohabiting with her in any other place.
- Who can be charged: The married man and the concubine (the other woman) may be charged.
- Penalty: The penalty for the husband is generally lower than for adultery. The married man may be subject to prisión correccional in its minimum to medium periods, while the concubine may face the penalty of destierro (exile or banishment), which means she must stay away from a certain area (usually the offended spouse’s residence) for a specified period.

2.2. Distinction and Practical Implications

Higher penalty for Adultery: Adultery carries a relatively heavier penalty compared to concubinage.
Who initiates the case: The offended spouse must file a criminal complaint for adultery or concubinage. The State will not automatically prosecute these crimes without a formal complaint from the aggrieved party.
Proof required: Adultery and concubinage cases often rely on direct or circumstantial evidence of sexual intercourse or cohabitation. These cases can be complex because of the sensitive nature of proof.
Timeframe for filing: Complaints for adultery or concubinage must generally be filed within a certain prescriptive period from the time the offended party becomes aware of the infidelity (prescription periods may vary, but timely action is crucial).

3. Civil Remedies for Infidelity

3.1. Legal Separation

Under the Family Code of the Philippines (Executive Order No. 209), infidelity (i.e., sexual infidelity, per se, including adultery or concubinage) may be used as a ground for legal separation. Key points include:

Definition: Legal separation does not dissolve the marriage bond. Rather, it allows spouses to live separately and divides their property according to law.
Ground: A spouse can petition for legal separation on the basis of sexual infidelity.
Effects:
- The spouses live separately.
- The offending spouse may be disqualified from inheriting from the offended spouse in certain circumstances.
- Property relations may be terminated and liquidated.
- No right to remarry, as legal separation is not the same as annulment or declaration of nullity of marriage.

3.2. Annulment or Declaration of Nullity

Infidelity itself is not typically a direct ground for annulment or declaration of nullity of marriage. However, in certain cases:

Psychological Incapacity (Article 36 of the Family Code): If a spouse’s repeated infidelity is shown to be a manifestation of a grave personality disorder amounting to psychological incapacity to fulfill marital obligations, it could be a basis to have the marriage declared void. This is, however, a highly nuanced legal remedy requiring expert testimony and is not guaranteed in every case of infidelity.
Void or Voidable Marriages: Generally revolve around issues existing at the time of marriage (e.g., lack of a valid marriage license, mental incapacity, or fraud). Infidelity is rarely used in these contexts unless it strongly correlates to a pre-existing condition.

3.3. Civil Damages

In some instances, the offended spouse may file a separate civil action for damages against the erring spouse or the third party if the infidelity caused mental anguish, social humiliation, or moral damages. Such an action is governed by the Civil Code provisions on quasi-delicts or torts.

4. Child Support in the Philippines

4.1. Legal Basis for Child Support

The Family Code (Articles 194–208) outlines the obligation to support children. Support covers everything essential for sustenance—food, clothing, education, medical needs, and in some cases, even the child’s transportation and shelter needs.

Legitimate, illegitimate, or adopted children: Regardless of the child’s legitimacy or the parents’ marital status, a recognized father is obligated to provide support. An illegitimate child (one born outside a valid marriage) still has the right to be supported by his or her biological father (or mother).

4.2. Determination and Amount of Support

Amount depends on the means of the provider and the needs of the child: The law states that the level of support shall be proportional to the giver’s resources and to the needs of the recipient (i.e., the child).
Adjustable over time: Support may be increased or decreased depending on changes in the financial capacity of the paying parent or the needs of the child.

4.3. Establishing Paternity and Filiation

When a father does not acknowledge paternity, the child or the child’s mother (or guardian) may have to prove paternity in court. DNA testing and other forms of evidence can be presented. Once paternity is established (and if not voluntarily recognized), the court can order the father to pay child support.

4.4. Enforcement of Child Support Orders

If a court issues a support order and the parent fails to comply, legal remedies include:

Filing a petition for contempt: The non-complying parent can be held in contempt of court, which may result in fines or imprisonment until the support is paid.
Civil or criminal action under special laws: In some cases, denial of financial support may fall under psychological or economic abuse under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) if done with malice or in a manner constituting violence or coercion.

5. Legal Remedies in Cases of Infidelity and Child Support Issues

Criminal Prosecution for Adultery or Concubinage
- Initiated by the offended spouse by filing a sworn complaint.
- Must be filed within the statutory periods.
- Requires adequate evidence to prove the offense.
Legal Separation
- Based on the ground of sexual infidelity.
- Spouses remain married but live apart; property is settled according to law.
Protection Orders (RA 9262)
- If the infidelity is accompanied by forms of abuse (physical, sexual, psychological, or economic), a protection order under the Anti-Violence Against Women and Their Children Act may be sought.
- May include temporary support or order to stay away from the family home.
Filing for Child Support
- Can be initiated by the custodial parent or guardian on behalf of the child.
- Court may issue temporary or permanent support orders, subject to revision if circumstances change.
Civil Action for Damages
- If the offended spouse or child suffered mental, emotional, or moral damages attributable to the infidelity or abandonment, a separate civil action may be pursued.

6. Points to Consider

Private Nature of Cases: Adultery and concubinage are “private crimes” in the Philippines. This means only the offended spouse can initiate legal action, and the complaint must include both parties to the affair (for adultery) or both the husband and the concubine (for concubinage).
Public Policy on Marriage: Philippine law places a premium on preserving the family unit, which is why divorce (in the Western sense) is not recognized (except for Muslim Filipinos under certain conditions or for those married to foreigners who obtain a valid foreign divorce).
Illegitimate Children’s Rights: Illegitimate children are entitled to support and inheritance rights, though they are typically limited to a lesser share of inheritance compared to legitimate children. Still, the father’s support obligation remains the same for all children.
Time Sensitivity: Certain legal remedies (particularly criminal complaints for adultery or concubinage) must be filed within specific prescriptive periods. Delays in filing can result in the inability to prosecute.

7. Conclusion

Infidelity in the Philippines is addressed by a combination of criminal laws (adultery and concubinage), civil remedies (legal separation, damages), and measures under special laws (RA 9262 for violence against women and children). Meanwhile, child support is mandated by the Family Code to ensure that every child, regardless of legitimacy, receives adequate care and resources.

For individuals facing marital infidelity or seeking child support, it is crucial to understand these overlapping legal frameworks. Given the complexity and sensitivity of such matters—particularly the stringent requirements for prosecuting private crimes—seeking professional legal counsel is strongly recommended to navigate the legal processes effectively and protect the best interests of the children involved.

This article provides a broad overview of the relevant laws in the Philippines. For personalized guidance, consult an attorney or visit the Philippine Supreme Court E-Library, Department of Justice, or Integrated Bar of the Philippines for more information.