Below is an overview of Philippine laws, regulations, and remedies addressing infidelity and domestic violence (often referred to as “gender-based violence” when it involves intimate partners). This article aims to provide a comprehensive introduction for general informational purposes only and does not constitute legal advice. For specific concerns or fact patterns, consulting a licensed Philippine attorney or legal aid organization is advised.

I. Introduction

Infidelity and domestic violence are two serious concerns that often intersect in familial and intimate relationships. While “infidelity” (or being unfaithful to one’s partner) can exist in any personal relationship, the legal ramifications in the Philippines focus on marriage. Meanwhile, “domestic violence” encompasses a range of harmful or abusive behaviors, particularly those covered by special laws such as Republic Act No. 9262, or the “Anti-Violence Against Women and Their Children Act of 2004” (VAWC). This article presents an in-depth look at relevant legal provisions, penalties, and remedies available to individuals.

II. Legal Framework on Infidelity

A. Infidelity Under the Revised Penal Code (RPC)

In the Philippine legal context, the Revised Penal Code recognizes two specific crimes related to marital infidelity:

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, and by the man who has carnal knowledge of her.
- Elements:
  - The woman is married.
  - She has sexual intercourse with a man who is not her husband.
  - Both the woman and the man may be held criminally liable.
- Penalty: The penalty is prisión correccional (generally ranging from 6 months and 1 day to 6 years), but the exact duration depends on the court’s discretion within the penalty’s range.
Concubinage (Article 334 of the Revised Penal Code)
- Definition: Concubinage applies to a husband who keeps a mistress in the conjugal dwelling, cohabits with her in any other place, or has sexual intercourse under scandalous circumstances.
- Elements:
  - The husband is married.
  - He keeps a mistress in the conjugal home, or
  - Cohabits with her in any other place, or
  - Has sexual intercourse under scandalous circumstances with a woman who is not his wife.
- Penalty: The husband faces the penalty of prisión correccional in its minimum and medium periods (which may roughly range from 6 months and 1 day up to 4 years and 2 months). Meanwhile, the concubine (the “other woman”) can only be subject to destierro (an order to stay away from certain places) if found guilty.

B. Noteworthy Points on Adultery and Concubinage

Who can file the complaint?
- These crimes are classified as “private crimes.” Hence, only the offended spouse can initiate criminal proceedings.
- An affidavit of desistance from the offended spouse typically leads to dismissal of the case, as these are private crimes.
No similar penal provision for an unfaithful wife’s lover vs. an unfaithful husband’s mistress
- The penalties are not symmetrical for the man in adulterous relationships vs. the woman in concubinous relationships—this has been an ongoing subject of debate in terms of equal protection and gender fairness.
Other Legal Implications
- Infidelity can be a ground for legal separation under the Family Code of the Philippines (Article 55), although the court procedure and evidentiary requirements can be lengthy.
- Infidelity alone does not dissolve the marriage in the Philippines, as divorce is not generally available except for Muslim Filipinos under the Code of Muslim Personal Laws or in cases of foreign divorce recognized under Philippine law.

III. Domestic Violence: Definition and Governing Laws

Domestic violence in the Philippines is chiefly addressed by Republic Act No. 9262, the “Anti-Violence Against Women and Their Children Act of 2004.” While the title explicitly highlights women and their children, the law has also been used for protecting other family members—though its main thrust is the protection of wives, common-law wives, female partners, and children.

A. Scope of R.A. 9262 (VAWC Law)

The VAWC Law covers several forms of violence:

Physical Violence: Bodily harm or threats of physical harm.
Sexual Violence: Sexual coercion or assault, forced acts detrimental to a person’s sexual well-being, or using sex as a form of punishment or control.
Psychological Violence: Emotional or mental suffering through threats, intimidation, isolation, infidelity (if it causes emotional or psychological distress), harassment, or public humiliation.
Economic Abuse: Controlling the victim’s finances or access to resources in order to control or coerce.

Notably, under psychological violence, repeated marital infidelity that causes emotional or psychological suffering can be a basis for charges under R.A. 9262. This introduces another legal avenue to address infidelity’s psychological impact, particularly if it is done with the intention of causing emotional or mental anguish.

B. Remedies and Protective Measures

Protection Orders
- Barangay Protection Order (BPO): Issued by the Barangay Chairman. Effective for 15 days, it provides immediate relief and may prohibit the perpetrator from contacting or approaching the victim.
- Temporary Protection Order (TPO): Issued by the court. Usually effective for 30 days (renewable).
- Permanent Protection Order (PPO): Issued by the court after notice and hearing. Can be permanent unless modified by the court.
Criminal Proceedings
- Victims can file a criminal case for violation of R.A. 9262, which may lead to imprisonment and fines if the offender is found guilty.
Civil Actions
- A victim may also seek civil damages for injuries, mental anguish, and other forms of harm.
- If the abusive behavior or infidelity rises to a ground recognized under the Family Code, the victim may file for legal separation or petition for the declaration of nullity of marriage (where applicable).

C. Penalties for Violating R.A. 9262

Penalties range from a minimum of one (1) month and one (1) day to imprisonment of up to twenty (20) years, depending on the severity of the offense. Fines may also be imposed, and mandatory psychological counseling or psychiatric treatment can be required.

IV. Intersection of Infidelity and Domestic Violence

While infidelity, by itself, is not always the basis for domestic violence charges, it can constitute “psychological violence” under R.A. 9262 when the unfaithful act is coupled with harassment, intimidation, or emotional anguish intentionally inflicted on the victim. In such cases:

A wife (or a woman in a dating or cohabiting relationship) can bring charges if she can prove that the spouse’s or partner’s infidelity caused her psychological or emotional distress.
Evidence of repeated threats, humiliations, or emotional abuse related to the infidelity can bolster such a claim.
Mere suspicion of infidelity is insufficient; demonstrable harm or emotional distress must be shown, along with the requisite intent on the offender’s part.

V. Remedies for Victims

Filing Criminal Complaints
- For adultery or concubinage, the offended spouse may file a criminal complaint in the appropriate Office of the Prosecutor.
- For violence covered by R.A. 9262, survivors can file a criminal complaint for physical, sexual, psychological, or economic abuse.
Protection Orders
- For immediate relief from domestic violence, an abused party can seek a Barangay Protection Order from the Barangay where she or the abuser resides, or file a petition for a Temporary/Permanent Protection Order in court.
Civil Actions for Nullity of Marriage, Annulment, or Legal Separation
- Infidelity can be a ground for legal separation.
- Physical violence, repeated emotional abuse, or other forms of abuse may also be a ground for legal separation or possibly declaration of nullity of marriage if it falls under psychological incapacity under Article 36 of the Family Code—though these cases require a more nuanced legal argument.
- Consult a lawyer to determine which remedy (legal separation, annulment, or declaration of nullity) is most appropriate.
Support and Custody
- If children are involved, a victim may request child support and, if necessary, custody orders in line with the best interests of the child.
Referrals to Social Services and NGOs
- Numerous government agencies such as the Department of Social Welfare and Development (DSWD), local Women and Children Protection Desks (WCPD) of the Philippine National Police, and NGOs offer legal and psychological assistance.
- Seek help from these organizations early, especially when immediate protection or safe shelter is needed.

VI. Procedural Steps

Gather Evidence
- For infidelity cases (adultery/concubinage), documentary evidence (e.g., photos, text messages, eyewitness accounts) may be required to establish the occurrence of intercourse or cohabitation.
- For domestic violence, medical certificates, psychological evaluations, photographs of injuries, police blotter entries, and testimonies from witnesses or neighbors are helpful.
Consultation with a Lawyer
- Consult a private attorney or a legal aid organization (e.g., Public Attorney’s Office, Integrated Bar of the Philippines’ legal aid offices) to assess the best legal remedy and to navigate procedural requirements.
Filing the Complaint/Petition
- Where to file: criminal complaints typically go to the City or Provincial Prosecutor’s Office; petitions for protection orders go to the Regional Trial Court or Municipal Trial Court (depending on local rules); BPO applications go to the local Barangay.
- Timing: victims of violence should seek immediate help (e.g., requesting a protection order) to safeguard personal safety.
- Proof: the standard for filing criminal complaints is probable cause, while in family law cases (e.g., legal separation, nullity petitions), the standard is preponderance of evidence.
Legal Processes and Possible Outcomes
- Preliminary Investigation for criminal complaints: the prosecutor determines if probable cause exists.
- Trial: if the case moves forward, both sides present evidence; conviction or acquittal follows.
- Civil Cases: if the court finds grounds, it may grant legal separation or other reliefs such as custody, support, and property settlement.

VII. Practical Considerations

Emotional and Psychological Support
- Domestic violence and infidelity can be traumatic. Counseling or therapy for survivors (and children) can be integral to recovery.
Children’s Welfare
- Children are often the silent victims in these scenarios. Seeking child-friendly remedies—like protective orders for children and ensuring financial support—is critical.
Safety Planning
- Victims are encouraged to create a safety plan (e.g., identifying safe spaces, emergency contacts, and confidential communication channels).
- Some localities have women’s shelters or safe houses run by NGOs or LGUs (Local Government Units).
Alternative Dispute Resolution (ADR)
- While infidelity or domestic violence cases often involve criminal or civil litigation, some disputes may benefit from mediation or settlement for ancillary issues (e.g., property division, child support). However, mediation is generally not advised if domestic violence is ongoing, because it can put the victim at further risk.

VIII. Conclusion

Infidelity and domestic violence are grave matters under Philippine law, with several legal avenues to seek redress or protection. Adultery (for wives) and concubinage (for husbands) remain criminal offenses under the Revised Penal Code, although proving each offense entails specific evidentiary requirements. Meanwhile, Republic Act No. 9262 provides expansive protections against various forms of violence—physical, sexual, psychological, and economic—and can include repeated infidelity if it inflicts emotional or psychological harm.

Domestic violence victims, regardless of their gender, have legal remedies at their disposal, such as protection orders, criminal complaints, and civil actions. Prompt reporting and evidence-gathering are critical for a successful outcome. Ultimately, anyone facing threats to safety or well-being due to intimate-partner violence or marital infidelity should urgently consult with a qualified lawyer or reach out to available government and NGO support systems.

References & Resources

Revised Penal Code (Articles 333–334)
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
The Family Code of the Philippines (Executive Order No. 209, as amended)
Barangay Protection Order Guidelines (Implementing Rules and Regulations of R.A. 9262)
Public Attorney’s Office (PAO): [Philippine government website / directories]
Integrated Bar of the Philippines (IBP): [Local chapters and legal aid offices]
Department of Social Welfare and Development (DSWD): [Services for women and children in crisis]

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Laws and procedural rules may change. Individuals with specific legal issues should seek personalized counsel from a licensed Philippine attorney or contact authorized government agencies and legal aid organizations.