Can a legal spouse file charges against a mistress and her spouse for adultery, and what are the legal remedies?

In the Philippines, adultery is considered a criminal offense under the Revised Penal Code (Article 333). The crime of adultery occurs when a married woman engages in sexual relations with a man who is not her husband. Both the woman and her male partner may be held criminally liable for this offense.

Criminal Liability for Adultery

Adultery can only be prosecuted by the offended spouse (the legal husband) through a complaint filed with the appropriate legal authorities. The husband must file the complaint against both his wife and her alleged partner, as both are considered offenders. This differs from concubinage, which applies to a married man having relations with another woman under specific circumstances.

Elements of Adultery
For a case of adultery to succeed, the following must be proven:

The married woman had sexual intercourse with a man who is not her husband.
The act of adultery took place during the existence of the marriage.

Both elements must be satisfied with sufficient evidence. Mere suspicion or exchange of messages, such as text messages or photos, is not enough to sustain a charge of adultery. The act of sexual intercourse must be proven beyond reasonable doubt.

Civil Implications: Psychological Violence under VAWC

In addition to criminal charges, the legal spouse may file a civil case under Republic Act No. 9262, also known as the "Anti-Violence Against Women and Their Children Act of 2004" (VAWC). If the actions of the husband and the mistress caused psychological distress to the wife, such as emotional abuse resulting from an extramarital affair, this may be considered a form of psychological violence under VAWC.

Threats of Publicizing Messages and Photos

If the legal spouse threatens to expose private messages or photos between the mistress and her husband, this may give rise to other legal concerns, such as a violation of Republic Act No. 10175, also known as the "Cybercrime Prevention Act of 2012." This law prohibits the unauthorized sharing of personal data, including private messages and photos, without consent. Publicizing these materials may lead to charges of cyber libel or a breach of data privacy laws, depending on the circumstances.

Legal Remedies for the Mistress

While the mistress may face criminal charges for her involvement in adultery, she may also seek protection from harassment or threats made by the legal spouse. Legal remedies may include:

Filing a complaint for cyber libel or data privacy violations if sensitive information is being threatened to be exposed without consent.
Applying for a protection order under VAWC if harassment or psychological abuse is evident.

Conclusion

Adultery remains a serious criminal offense in the Philippines, with potential criminal and civil consequences for those involved. Both the legal spouse and the other parties have legal avenues to pursue, depending on the facts of the case. It is important to seek legal advice to navigate these issues properly and ensure that rights are protected.