Legal Remedies for Marital Breakdown Due to Infidelity in the Philippines

Marital breakdown, especially when rooted in infidelity, can be both emotionally and legally complex. In the Philippines, where divorce remains largely unavailable (with limited exceptions for certain Filipino-Muslim marriages and foreign divorces under specific circumstances), spouses seeking recourse often find themselves navigating multiple legal remedies. This article provides a comprehensive discussion of those remedies, focusing on the Philippine legal framework.

1. Understanding the Philippine Legal Context

1.1. No Absolute Divorce (Except in Limited Cases)

Under Philippine law (Family Code of the Philippines), there is no general legal provision for absolute divorce. The absence of a broad divorce law means Filipino spouses cannot simply end their marriage due to irreconcilable differences or infidelity alone. Instead, they must rely on legal processes such as:

Declaration of Nullity of Marriage
Annulment of Marriage
Legal Separation

Additionally, certain criminal provisions under the Revised Penal Code (RPC) may apply to acts of infidelity.

2. Grounds for Ending or Restructuring the Marital Bond

2.1. Declaration of Nullity of Marriage

A Declaration of Nullity presupposes that the marriage was void from the start, due to a fundamental defect existing at the time of the wedding. Common grounds include:

Lack of Authority of the Solemnizing Officer (Art. 35, Family Code)
Absence of a Valid Marriage License (Art. 35, Family Code)
Psychological Incapacity (Art. 36, Family Code)

While infidelity in itself is not listed as a direct ground to declare a marriage void, it could sometimes be invoked as supporting evidence in proving psychological incapacity under Article 36 if it demonstrates a personality disorder so grave as to render a spouse incapable of fulfilling marital obligations. However, this ground is narrowly interpreted by courts.

2.2. Annulment of Marriage

An Annulment of Marriage covers defects arising after the wedding but pertains to circumstances existing at the time of marriage that make it voidable (rather than void from the start). Grounds for annulment (Arts. 45 & 46, Family Code) typically include:

Lack of Parental Consent (if one spouse was 18–21 years old at marriage)
Insanity (existing at the time of marriage)
Fraud, Force, Intimidation, or Undue Influence
Impotence or Sexually Transmissible Diseases unknown to the other spouse before marriage

Infidelity by itself is not a ground for annulment. If a spouse seeks to terminate the marital bond primarily due to adultery or concubinage, annulment is generally not the direct legal pathway unless one of the listed voidable grounds is also present.

2.3. Legal Separation

Legal Separation does not terminate the marriage bond; rather, it allows spouses to live separately (bed and board) and divide their property without ending the marriage. Under Article 55 of the Family Code, sexual infidelity or perversion and attempt by one spouse against the life of the other are recognized as grounds. Specifically:

Repeated Physical Violence or Grossly Abusive Conduct
Physical Violence to Compel Spouse to Change Religious or Political Affiliation
Corrupt or Indecent Conduct
Conviction of Crime with Imprisonment of More Than 6 Years
Drug Addiction or Habitual Alcoholism
Lesbianism or Homosexuality
Bigamy
Sexual Infidelity or Perversion
Attempt by One Spouse Against the Life of the Other
Abandonment Without Justifiable Cause for More Than One Year

If a spouse commits adultery or concubinage, the innocent spouse may pursue a legal separation. The key result is a judicial decree allowing them to live separately, with ramifications on property relations and child custody. However, they remain legally married, and remarriage is not possible.

3. Criminal Aspects of Infidelity

Under the Revised Penal Code, infidelity can give rise to criminal liability:

3.1. Adultery (Article 333, RPC)

Applies when a married woman engages in sexual intercourse with a man who is not her husband.
Both the wife and her paramour are liable.
Proof of sexual intercourse is essential.

3.2. Concubinage (Article 334, RPC)

Applies to a married man who:
1. Keeps a mistress in the conjugal dwelling;
2. Has sexual intercourse under scandalous circumstances with a woman not his wife; or
3. Cohabits with her in any other place.
The husband and concubine can be held criminally liable but the penalties for concubinage are generally lighter than those for adultery.

Important Note: Under Philippine law, adultery and concubinage prosecutions require an official complaint filed by the offended spouse, and forgiveness (express or implied) bars the criminal action. Evidence standards in criminal proceedings are strict, and the complaining spouse must present incontrovertible proof to secure a conviction.

4. Civil Consequences of Infidelity

4.1. Damages

An aggrieved spouse may sometimes claim moral damages based on the emotional suffering caused by infidelity, especially if accompanied by public scandal or defamation. However, courts typically require proof of the extent of emotional distress and a clear causal link to the infidelity.

4.2. Effects on Property Relations

When a legal separation case is granted on grounds of infidelity, the guilty spouse may:

Lose the right to inherit from the innocent spouse by intestate succession.
Forfeit his or her share in the net profits of the conjugal partnership or community property, which passes to the children or to the innocent spouse.

4.3. Child Custody and Support

Courts always prioritize the best interest of the child. Infidelity alone does not necessarily deprive a spouse of child custody unless it can be shown that the child’s welfare is compromised. Nonetheless, the guilty spouse must continue giving child support (financial and otherwise) according to the child’s needs and the spouse’s capacity to pay.

5. Procedure and Practical Considerations

Consult a Lawyer: Infidelity cases—whether for legal separation, criminal charges, or other legal remedies—require careful handling of evidence and procedure.
Gather Evidence: In criminal cases (adultery or concubinage), the burden of proof is high. Photographic or documentary evidence, affidavits, and witness testimonies are vital.
Time and Expense: Court processes in the Philippines can be lengthy and costly. Annulment or nullity petitions can take years; legal separation suits also take time. Criminal cases can entail further emotional strain and costs.
Possibility of Reconciliation: The law provides that spouses may opt for reconciliation at almost any stage of proceedings for legal separation, which—if successful—terminates the legal action.

6. Key Points to Remember

Infidelity alone does not automatically dissolve a marriage under Philippine law.
Legal Separation is a common remedy for spouses seeking to separate due to adultery or concubinage, but it does not allow remarriage.
Criminal Charges may be filed under adultery or concubinage, subject to evidentiary standards and the aggrieved spouse’s initiative.
Declaration of Nullity or Annulment has limited grounds; infidelity per se is not among them.
Child Custody and Support remain key issues; the best interest of the child is paramount.
Emotional and Financial Strain can be significant; spouses often benefit from legal counsel and, if possible, professional counseling.

7. Conclusion

In the Philippines, a marital breakdown caused by infidelity presents complex legal challenges. Unlike jurisdictions with broader divorce laws, Filipino spouses must rely on specific legal remedies—each with its own grounds, procedures, and consequences. Whether seeking a legal separation, pursuing criminal charges, or exploring a nullity or annulment action, it is crucial to consult a qualified legal professional to navigate the intricacies of Philippine law. Ultimately, while the legal route can address property, custody, and punitive aspects, the emotional toll of infidelity often calls for thorough deliberation and, where feasible, attempts at reconciliation or counseling before resorting to litigation.