Disclaimer: The following discussion is provided for informational purposes only and does not constitute legal advice. Philippine laws are complex and can change over time. If you require legal advice or have a specific situation, please consult a qualified attorney in the Philippines.

Overview

In the Philippines, marital infidelity can have serious legal repercussions for both the unfaithful spouse and the third party (often referred to as the “mistress” in the case of a husband’s infidelity). Spouses sometimes wonder whether they can “sue the mistress”—that is, hold the third party legally liable in criminal or civil proceedings. The legal framework addressing extramarital affairs in the Philippines includes provisions in the Revised Penal Code (criminal aspects), the Family Code (marriage and family relations), and the Civil Code (possible civil liabilities, such as damages).

The main legal actions relevant to a mistress’s involvement in an extramarital relationship are:

Concubinage (Article 334, Revised Penal Code) – A criminal offense applicable when a husband commits certain acts of infidelity.
Adultery (Article 333, Revised Penal Code) – A separate crime generally concerning a wife’s infidelity, but it is important to mention in discussions of marital infidelity.
Civil claims for damages under certain provisions of the Civil Code (e.g., Articles 19, 20, 21) in very narrow circumstances.
Related statutes such as Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004), when the infidelity and resulting harm to the legal spouse or children can be shown to constitute psychological violence or economic abuse.

Below is a comprehensive look at each aspect.

1. Criminal Liability: Concubinage

1.1 Definition

Under Article 334 of the Revised Penal Code, a husband commits the crime of concubinage when he:

Keeps a mistress in the conjugal dwelling;
Has sexual intercourse with a woman who is not his wife under scandalous circumstances; or
Cohabits with her in any other place.

For an aggrieved wife to hold the mistress criminally liable, she must charge both the husband and the mistress in the same criminal case. Concubinage cannot be filed against the mistress alone; the husband must be included as a principal accused.

1.2 Elements Required

The wife (as the offended party) must present evidence to prove the following elements of concubinage:

That the husband had carnal knowledge of a woman who is not his wife; and
That he committed any one of these specific acts:
- Kept the mistress in the conjugal home;
- Had sexual intercourse under scandalous circumstances;
- Cohabited with the mistress in any other place.

“Scandalous circumstances” generally involve situations where the affair is openly and offensively exhibited, causing public outrage or damage to the wife’s reputation in the community.

1.3 Penalties

Husband’s penalty: Prisión correccional in its minimum and medium periods (from 6 months and 1 day to 4 years and 2 months).
Mistress’s penalty: Destierro (exile). Destierro means the mistress is banned from residing or entering within a specified radius (for example, 25 kilometers) of a particular place, usually the offended wife’s domicile, for a certain period.

1.4 Notable Points

Joint filing: Under Philippine law, both the husband and the mistress must be charged together; the mistress cannot be singled out.
Forgiveness: If the aggrieved wife “condones” (legally pardons) the husband, the criminal action for concubinage is effectively extinguished. The same principle applies if they reconcile before final judgment.
Proof: These cases can be difficult to prove because the burden is on the wife to demonstrate the specific acts enumerated by law.

2. Criminal Liability: Adultery (Brief Mention)

Although the focus is on suing a mistress, it helps to understand adultery, which is Article 333 of the Revised Penal Code. Adultery involves a wife having sexual intercourse with a man not her husband. This is not the crime typically used against a mistress involved with a married man; instead, that scenario is governed by concubinage. Nevertheless, adultery cases highlight the distinct (and often criticized) double standard in the Philippines’ criminal laws on infidelity: adultery is easier to prove (mere proof of sexual intercourse), while concubinage requires proof of additional elements.

3. Civil Suits for Damages

3.1 Articles 19, 20, and 21 of the Civil Code

In certain cases, an aggrieved spouse may attempt to file a civil suit for moral damages against the mistress, invoking provisions of the Civil Code such as:

Article 19: “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.”
Article 20: “Every person who contrary to law willfully or negligently causes damage to another, shall indemnify the latter for the same.”
Article 21: “Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.”

These provisions, in principle, allow a party to claim damages if they can show they suffered emotional or moral harm due to another’s wrongful or injurious act. In the context of an extramarital affair, the aggrieved spouse might claim:

Psychological trauma or emotional anguish.
Social humiliation or damage to reputation in the community.
Intentional infliction of emotional distress by the mistress.

3.2 Challenges and Realities of Civil Suits

Burden of Proof: The plaintiff (the legal wife) must prove actual harm and a direct causal link to the mistress’s actions.
Court Discretion: Philippine courts are often cautious in granting damages in family disputes. An affair alone may not suffice unless there is a clear demonstration of malicious or egregious conduct beyond the mere existence of an illicit relationship.
No “Alienation of Affection” Action: Unlike some jurisdictions (e.g., certain U.S. states), the Philippines does not have a specific tort of “alienation of affection.” The only civil remedies would be under general provisions of law on damages (Articles 19, 20, and 21) or under the concept of abuse of rights (Article 19).

4. Other Possible Legal Avenues

4.1 Republic Act No. 9262 (VAWC Law)

Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), primarily targets the husband or partner who causes physical, sexual, or psychological harm or suffering to a woman (the wife or the mother of his children). In some scenarios:

The wife could file a complaint against the husband for psychological violence if his conduct in pursuing and maintaining the extramarital affair causes her emotional or mental anguish.
Liability of the Mistress? Generally, R.A. 9262 is directed against the husband (or intimate partner). The mistress can be implicated only in very specific and rare scenarios where she may be considered to have aided or abetted the husband’s abuse. However, it is uncommon to charge the mistress directly under R.A. 9262 unless there is evidence of her direct involvement in the acts of violence or abuse against the wife or children.

4.2 Protection Orders

If the affair leads to harassment or threats from either the husband or the mistress, the aggrieved spouse could seek a protection order—temporary or permanent—to safeguard herself (and her children) from abusive behavior. But again, this typically applies to the husband’s acts rather than the mistress’s, unless the mistress directly commits harassment.

5. Procedural Aspects and Practical Considerations

Who May File: In criminal cases for concubinage, only the offended spouse (the legal wife) can initiate the complaint. Nobody else, including the wife’s relatives or friends, can file it on her behalf unless there are certain legal authorizations.
Time Constraints (Prescription): Criminal actions for concubinage prescribe (expire) after a certain number of years from the commission or discovery of the offense. Familiarity with statutory timelines is crucial.
Reconciliation or Forgiveness: If the wife forgives the husband (and, by extension, the mistress) or takes him back, it can extinguish the criminal liability.
Evidentiary Burden: Proving concubinage or proving that the mistress’s acts caused recoverable harm in a civil suit can be challenging. Documentary or testimonial evidence, including witnesses, photos, or messages, may be needed.
Social and Financial Considerations: Even if a case is winnable on paper, the cost, time, and emotional toll of litigation can be significant. Many families opt for settlement or avoid filing cases altogether due to these practical realities.

6. Frequently Asked Questions

6.1 Can I sue the mistress for “stealing” my husband’s affection?

No specific “alienation of affection” cause of action exists in the Philippines. You may pursue concubinage (if the legal elements are met) or attempt a civil suit for damages under Articles 19–21 of the Civil Code, but success is not guaranteed unless there is clear proof of an unlawful or malicious act causing demonstrable harm.

6.2 Is it easier to file criminal or civil cases?

Each has its own hurdles. Criminal: The standard of proof is “beyond reasonable doubt,” and you must prove all elements of concubinage, including the scandalous circumstances or cohabitation. Civil: You must show actual damage and a wrongful act. Neither route is simple; both can be lengthy and costly.

6.3 If I file a case, will I immediately get a separation or annulment?

Filing a criminal or civil case does not automatically grant legal separation, annulment, or declaration of nullity. Family court proceedings under the Family Code (for annulment or legal separation) are separate actions from criminal or civil proceedings for infidelity.

6.4 What damages could I claim in a civil case?

The court could potentially award moral damages, nominal damages, or exemplary damages if you prove the mistress acted in a manner that caused you significant emotional distress or tarnished your reputation. Amounts vary, and awards in family disputes are generally conservative unless very serious harm is proven.

6.5 How about child support or custody issues?

Child support and custody issues are governed by the Family Code and relevant family laws. A spouse’s infidelity does not negate the obligation of the father to provide support for his children. These matters are typically handled in family court separately or alongside a case for annulment/legal separation.

7. Key Takeaways

Criminal Action (Concubinage): To hold the mistress criminally liable, the legal wife must charge both husband and mistress under concubinage. This requires proof of cohabitation or sexual relations under scandalous circumstances, and it is often a challenging process.
Civil Action for Damages: While theoretically possible under general principles (Articles 19–21 of the Civil Code), securing a judgment against the mistress specifically for emotional distress or moral damage requires a high level of proof and clear wrongdoing. There is no direct “alienation of affection” lawsuit in Philippine law.
R.A. 9262 (VAWC): Typically used against an abusive husband or partner. The mistress’s liability would be an exception rather than the rule, requiring her active involvement in the abuse.
Forgiveness and Reconciliation: A wife’s forgiveness or reconciliation with her husband generally extinguishes the criminal action for concubinage.
Seek Professional Advice: Given the complexities, consulting a Philippine-licensed attorney is essential to navigate the criminal, civil, and family-law dimensions effectively.

Final Word

“Suing a mistress” under Philippine law often involves intricate legal and evidentiary considerations. While there are avenues (primarily concubinage and, in limited cases, civil claims for damages), these remedies can be difficult to pursue successfully. The process can be lengthy, emotionally taxing, and may not always yield the desired outcome. Anyone facing such a situation is strongly advised to seek legal counsel familiar with both family law and the Revised Penal Code to explore all available remedies, including possible settlement or mediation.