Below is a comprehensive, general-information overview of legal remedies related to spousal abandonment and adultery in the Philippines. This discussion is not intended as legal advice; if you need personalized guidance, it is best to consult a qualified lawyer.

1. Overview of Marriage and the Applicable Laws

In the Philippines, marriage is treated as an inviolable social institution. It is governed primarily by:

The Family Code of the Philippines (Executive Order No. 209, as amended).
The Revised Penal Code (Act No. 3815) for criminal aspects like adultery and concubinage.
Other related special laws and Supreme Court decisions that interpret these codes.

Notably, divorce (in the common sense) does not exist under Philippine law for most citizens, with very narrow exceptions applicable to Muslims (under the Code of Muslim Personal Laws) or for Filipinos who obtained a valid divorce while one spouse was a foreign citizen. Instead, the Family Code provides for:

Declaration of Nullity of Marriage (for void marriages).
Annulment (for voidable marriages).
Legal Separation (separation in fact, but marriage bond remains).

2. Spousal Abandonment

2.1 Definition

Spousal abandonment generally refers to a situation where one spouse leaves the other without justification, ceases to provide support, and effectively deserts the family. In Philippine law, “abandonment” by itself is not a stand-alone ground for the dissolution of the marriage. However, it can figure significantly in several ways:

Legal Separation: Under Article 55 of the Family Code, repeated physical violence or grossly abusive conduct, or abandonment without justifiable cause for more than one year, may serve as a ground for a decree of legal separation.
Support Obligations: Under the Family Code, spouses are obligated to support each other. A spouse who is abandoned has the right to sue for support (i.e., a Petition for Support) if the abandoning spouse fails to provide it.

2.2 Legal Remedies for Abandonment

Legal Separation Petition
- Grounds: Article 55(2) of the Family Code includes “physical violence or moral pressure to compel the spouse to change religious or political affiliation, attempt on the life of the other spouse, final judgment sentencing the spouse to imprisonment of more than six years, drug addiction, habitual alcoholism, lesbianism or homosexuality, bigamous marriage, sexual infidelity or perversion, and abandonment without justifiable cause for more than one year.”
- Effect: Legal separation allows spouses to live separately and terminates the obligation of mutual support in certain respects, though the marriage bond is not severed. The innocent spouse may also demand the separation of properties if properties are held in common.
Petition for Support
- A spouse who has been abandoned can seek financial support. Under Articles 68, 70, and related provisions of the Family Code, spouses are obliged to provide “mutual support.” If a spouse abandons the family and refuses to provide financial or moral support, the abandoned spouse (or children’s guardian) may file a civil action for support.
Psychological Incapacity (Article 36)
- In some circumstances, consistent and prolonged abandonment might contribute to a claim that the abandoning spouse suffers from a psychological incapacity to comply with essential marital obligations. However, psychological incapacity is not a simple “lack of desire” to stay but must be proven as a mental or personality disorder existing before or at the time of marriage, causing an inability to fulfill marital duties. It is a complex ground requiring expert testimony and has strict jurisprudential guidelines (e.g., the Santos and Molina rulings).
Protection Orders (When Accompanied by Abuse)
- If the abandoning spouse has also inflicted harm (e.g., physical or emotional violence), the abandoned spouse may seek protection orders under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act). Although RA 9262 mainly addresses abuse, it may apply if abandonment is accompanied by other forms of violence or abuse.

2.3 Criminal Liability for Abandonment

While “simple abandonment” is not itself classified under the Revised Penal Code as a crime (unlike, for instance, “economic abuse” or “child abandonment” under specific circumstances), there may be criminal implications if:

The abandonment of a spouse extends to abandoning minor children without means of support, potentially constituting child abandonment or violation of child support laws.
The acts of the spouse amount to economic abuse under RA 9262 if done intentionally to cause mental or emotional anguish, or financial distress.

3. Adultery and Concubinage: Definitions and Distinctions

3.1 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, knowing her to be married—even if the man is himself single or married to someone else.
Key Elements:
1. The woman is married.
2. She engages in sexual intercourse with a man who is not her husband.
3. The man must know that the woman is married.
Penalty: Typically prisión correccional in its medium and maximum periods (i.e., up to six years).

3.2 Concubinage (Article 334 of the Revised Penal Code)

Definition: Concubinage is committed by a married man under certain circumstances:
1. Keeping a mistress in the conjugal dwelling; or
2. Having sexual intercourse under scandalous circumstances with a woman not his wife; or
3. Cohabiting with a woman not his wife in any other place.
Penalty: For the married man: prisión correccional in its minimum and medium periods (i.e., up to four years and two months). For the concubine: typically a lesser penalty (destierro or banishment).

3.3 Comparison of Adultery vs. Concubinage

Single Act vs. Habitual Cohabitation: Adultery can be proven by showing a single act of sexual intercourse between a married woman and a third person. Concubinage typically requires proof of either scandalous circumstances or habitual cohabitation.
Penalty Discrepancy: Adultery carries a higher maximum penalty than concubinage—often cited as an outdated legal distinction criticized for perceived gender bias.

3.4 Who May File a Case and Time Limits

Under the Revised Penal Code, only the offended spouse can file a criminal complaint for adultery or concubinage (i.e., these crimes are “private crimes”).
There is a short prescriptive period (generally five years). If the offended spouse condones the act, or continues living with the offending spouse without protest after discovery, it can extinguish the right to file a criminal complaint (legal concept of “condonation”).

4. Civil Remedies in Cases of Adultery or Concubinage

Legal Separation
- Ground: Sexual infidelity such as adultery or concubinage is a valid ground for a decree of legal separation under Article 55 of the Family Code.
- Effect: Same as other grounds for legal separation. The innocent spouse may also demand moral and exemplary damages if proven in court.
Damage Suits
- In some instances, the innocent spouse may sue the offending spouse (and, in certain cases, the third party) for damages based on emotional distress or public humiliation. The success of such suits depends on proving actual harm or injury.
Nullity or Annulment Actions
- Adultery itself is not a direct ground for declaring a marriage void or voidable. However, it may be used as evidence that the spouse’s wrongdoing is tied to a psychological incapacity under Article 36 (though this is not straightforward and typically requires psychiatric or psychological evaluation).

5. Legal Procedures and Practical Considerations

Gathering Evidence
- For abandonment: Proof of cessation of support, physical departure, length of time, attempts (or lack thereof) to communicate, or a spouse’s refusal to provide financial assistance.
- For adultery or concubinage: Clear and convincing proof of sexual intercourse or cohabitation. Photographs, eyewitness testimonies, communications (text messages, emails, chat logs), or official records (like a child’s birth certificate naming the other man, if relevant) can be evidence. However, obtaining such evidence must not violate privacy or other laws.
Filing and Jurisdiction
- Family cases are typically filed in the Regional Trial Court (Family Court). Criminal complaints for adultery or concubinage are generally filed with the Office of the City or Provincial Prosecutor.
Conciliation and Mediation
- In civil aspects (e.g., support, custody), there may be a requirement for mediation or conciliation under the court-annexed mediation rules before proceeding to a full-blown trial.
Economic Consequences
- If the offended spouse obtains a decree of legal separation, the guilty spouse may lose certain rights to inheritance from the innocent spouse. Property regimes could be dissolved, with the innocent spouse receiving a bigger share under certain conditions (if there was a pre-nuptial agreement, or if the law on conjugal partnership or absolute community property applies).

6. Practical Advice and Next Steps

Consult a Lawyer Early
- Each case is unique. Discussing your situation with a knowledgeable family law attorney is essential. They can advise on possible courses of action (legal separation vs. petition for support vs. criminal complaint), weigh the evidence, and estimate likely outcomes.
Preserve Evidence
- If you believe abandonment or marital infidelity is occurring, document events, preserve messages, and note any attempts to seek support. For criminal complaints, evidence that is legally obtained and credible is crucial.
Consider Mediation and Family Counseling
- Although the circumstances may be emotionally charged, in some cases, mediation or counseling can help clarify arrangements, particularly if children are involved.
Be Mindful of Timelines
- Adultery and concubinage have prescriptive periods (five years) from the commission or discovery of the offense. If you plan to pursue a criminal complaint, do not delay unnecessarily.
Financial Support for Children
- Regardless of spousal disputes, the law prioritizes the welfare of children. Ensure that minors receive adequate support. Filings related to child support can be made independently of a legal separation or annulment proceeding.

7. Conclusion

In the Philippines, spousal abandonment and adultery remain serious matters with both civil and criminal implications. While there is no absolute divorce available to most Filipino couples, there are legal remedies such as legal separation, petitions for support, potential civil damages, and criminal actions for adultery or concubinage. Each route carries unique procedural requirements and consequences. Because family law matters often intersect with sensitive personal, financial, and legal issues, individuals facing such challenges are encouraged to seek professional legal counsel to navigate the system effectively.

Disclaimer:
This overview is intended solely for general informational purposes and does not constitute legal advice. Laws change over time, and court interpretations also evolve. For specific questions regarding your situation, please consult a qualified lawyer who can provide tailored advice based on the facts of your case.