Simplified Query: What are the legal implications of adultery and infidelity in the Philippines?

In the Philippines, adultery and infidelity have significant legal implications under the Revised Penal Code and Family Code. Adultery is specifically addressed in Article 333 of the Revised Penal Code, while concubinage is covered under Article 334.

Adultery

Adultery occurs when a married woman has sexual intercourse with a man other than her husband. For adultery to be proven, it must be established that:

The woman is married.
She had sexual relations with a man who is not her husband.
The man with whom she had intercourse knew she was married.

The penalty for adultery ranges from prision correccional in its medium and maximum periods, which translates to imprisonment of two years, four months, and one day to six years. Both the woman and her partner can be charged and convicted of adultery.

Concubinage

Concubinage involves a married man engaging in sexual relations under scandalous circumstances, cohabiting with his mistress in the conjugal dwelling, or maintaining a mistress in another place. For concubinage to be proven, it must be established that:

The man is married.
He kept a mistress in the conjugal dwelling, under scandalous circumstances, or in another place.
The relationship is of a continuing nature.

The penalty for concubinage is prision correccional in its minimum and medium periods (six months and one day to four years and two months) for the husband. The concubine may face destierro, or banishment, which prohibits her from residing within a specified distance from the place where the husband and wife reside.

Legal Actions and Consequences

Only the offended spouse can file a case for adultery or concubinage. Public prosecutors cannot initiate these cases without a complaint from the offended party. Once a case is filed, the complainant cannot withdraw it unilaterally, as it becomes a public offense.

Adultery and concubinage can also have implications in civil law, particularly in annulment cases and property disputes. The offended spouse may cite these grounds when seeking legal separation or annulment. Furthermore, marital misconduct can influence the division of conjugal property and custody of children.

Effects on Family and Property

Infidelity can significantly impact the dynamics of a family. In annulment or legal separation cases, adultery or concubinage may be used as grounds for the petition. These cases can affect the division of conjugal properties, with courts often considering the moral integrity of each spouse in their decisions.

In addition, the Family Code of the Philippines provides that a guilty spouse may be disqualified from inheriting from the innocent spouse by intestate succession. The court may also award a greater share of conjugal property to the innocent spouse.

Protecting Rights and Seeking Justice

Victims of adultery and concubinage should consult legal counsel to understand their rights and options. Filing a case requires gathering substantial evidence, including testimonies, photographs, and other documentation. Legal proceedings can be emotionally taxing, so it is essential for the offended party to seek support from family, friends, and professionals.

In conclusion, adultery and infidelity in the Philippines carry severe legal consequences under the Revised Penal Code and Family Code. They not only lead to criminal prosecution but also significantly impact civil aspects such as annulment, legal separation, and property division. Understanding these implications is crucial for those affected to protect their rights and seek justice.