Letter to the Attorney

Dear Attorney,

I hope this message finds you well. I am writing to seek legal advice regarding a very distressing matter involving my marital situation. My husband and I have had a strained relationship due to his personal priorities, which led to the deterioration of our marriage. During this period, I became pregnant, but the father of my child is not my husband.

After this incident, my husband expressed his forgiveness, under the condition that I sever ties with the father of my child and rebuild my life with him. I followed his terms and have since been living apart from the father of my child. Despite my husband’s earlier forgiveness, he frequently uses the threat of filing an adultery case against me as leverage, stating that he will have me imprisoned. Now that I have given birth, this situation has escalated, and the threats continue.

This has caused me immense stress, and I am unsure of my legal rights and the possible outcomes of such a case. Can my husband still pursue an adultery case even though he initially forgave me and I have severed ties with the other party? What are the possible legal remedies or defenses I can pursue in this situation?

Thank you in advance for your guidance on this matter.

Sincerely,
A Distraught Wife

Comprehensive Legal Analysis on Adultery Under Philippine Law

Understanding Adultery Under Philippine Law

Adultery is a criminal offense under the Revised Penal Code (RPC) of the Philippines, defined and penalized under Article 333. Adultery is committed when a married woman engages in sexual intercourse with a man other than her husband, and the act is consensual. The crime involves two parties: the married woman and her extramarital partner (the "paramour").

For the husband to successfully prosecute an adultery case, he must satisfy the following elements:

The accused woman must be legally married.
The accused woman must have sexual intercourse with a man who is not her husband.
The sexual intercourse must be consensual.
There must be sufficient evidence to prove the adulterous act.

Both the wife and the paramour are criminally liable for adultery. Adultery is considered a "private crime," which means only the offended spouse (the husband, in this case) can file a criminal complaint. No third party can initiate such proceedings.

Forgiveness as a Bar to Prosecution

Under Article 344 of the Revised Penal Code, the filing of an adultery case is subject to the following unique procedural rules:

Requirement of a Complaint by the Offended Spouse
Adultery can only be prosecuted upon a complaint filed by the offended spouse (the husband). No one else has the legal standing to bring the case to court.
Effect of Pardon or Forgiveness
Article 344 also provides that "forgiveness" by the offended spouse bars the prosecution of adultery. Forgiveness can be express (explicitly stated) or implied (indicated through actions). A reconciliation between the spouses after the discovery of the adultery is generally considered an implied pardon.

In your case, your husband initially forgave you and expressed his willingness to continue the marriage. If there is clear evidence of his forgiveness, such as text messages, verbal admissions, or actions demonstrating reconciliation (e.g., living together again), this can serve as a strong defense against his current threats.

Evidentiary Requirements for an Adultery Case

The burden of proof in criminal cases, including adultery, is "beyond reasonable doubt." For your husband to succeed in prosecuting an adultery case, he must provide compelling evidence of the following:

Existence of Marriage
The husband must establish that he is legally married to you. A marriage certificate is typically used as evidence.
Proof of Sexual Intercourse
Adultery requires evidence of sexual intercourse between the accused wife and her paramour. This can be proven through:
- Witness testimony
- Photographs, videos, or other documentary evidence
- Birth of a child where paternity can be established (although this alone may not suffice without additional evidence of illicit relations).
Participation of the Paramour
The identity of the paramour must be established, and there must be evidence of his involvement in the adulterous relationship.

Given the strict evidentiary standards, mere suspicion, rumors, or accusations are insufficient to secure a conviction. The birth of a child, while suggestive, does not conclusively prove adultery unless accompanied by other incriminating evidence.

Defense Strategies and Legal Remedies

If your husband proceeds with filing an adultery case, you can explore several defenses and remedies:

Invoke the Doctrine of Forgiveness
Highlight your husband’s initial forgiveness and reconciliation after the discovery of the affair. Present evidence such as:
- Messages or written statements of forgiveness
- Witness accounts of his acceptance of the situation
- Proof that you lived together harmoniously after the affair.
Challenge the Evidence
Contest the sufficiency and validity of the evidence presented. If your husband cannot prove the occurrence of sexual intercourse beyond a reasonable doubt, the case will likely be dismissed.
Argue Extenuating Circumstances
Although not a complete defense, demonstrating that the affair occurred during a period of marital estrangement or due to your husband’s neglect may mitigate public perception of the case.
File a Counter-Complaint for Psychological Abuse
Under Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act (VAWC), repeated threats to file adultery charges, especially if used to control or intimidate you, may constitute psychological violence. You may file a counter-complaint to protect your rights.
Seek Legal Separation or Annulment
If the marital relationship has become untenable, consider initiating legal separation or annulment proceedings. This can help formally sever ties and avoid further legal disputes.

Potential Outcomes and Consequences

If convicted of adultery, the penalties under Article 333 include imprisonment ranging from two years, four months, and one day to six years. Both the wife and the paramour are subject to this penalty. However, the procedural and evidentiary hurdles often make adultery cases difficult to prosecute.

Key Takeaways

Forgiveness as a Defense: If your husband forgave you and there is evidence of reconciliation, this could bar the prosecution of the adultery case.
High Evidentiary Burden: Adultery must be proven beyond reasonable doubt. Mere allegations or the birth of a child are insufficient without corroborative evidence.
Consider Psychological Abuse Claims: Your husband’s repeated threats may qualify as psychological violence under the Anti-VAWC Act.
Legal Assistance is Crucial: Given the complexity of adultery cases, consult a qualified attorney to guide you through the legal process and assert your rights effectively.

By understanding your legal rights and remedies, you can navigate this challenging situation and achieve the best possible outcome.

Final Note

If the threats persist, do not hesitate to seek protection under the Anti-VAWC Act. The law recognizes the importance of safeguarding women from abuse, including threats and intimidation. Always consult with a legal professional to tailor your defense to the specific circumstances of your case.