Dear Attorney,

I hope this letter finds you well. I am writing to seek clarification on a legal concern that has been troubling me. Specifically, can a husband still file a case for adultery against his wife if she has already initiated proceedings for annulment or divorce? Does the filing of an annulment or divorce petition have any bearing on the grounds or legal viability of pursuing an adultery case?

Your guidance on this matter will be greatly appreciated. I am looking forward to hearing your expert advice.

Sincerely,
A Concerned Individual

Adultery Cases During Annulment or Divorce Proceedings: A Comprehensive Overview of Philippine Law

In the Philippines, the legal framework regarding marital infidelity and its criminal repercussions remains a highly sensitive and contentious area. The concern regarding whether adultery can still be charged if the wife has already filed for annulment or divorce necessitates an in-depth examination of Philippine laws governing adultery, annulment, legal separation, and the country's stance on divorce.

I. Understanding Adultery Under Philippine Law

Adultery is defined and penalized under Article 333 of the Revised Penal Code (RPC). It is a crime committed by a married woman who has sexual intercourse with a man not her husband, and by the man who cohabits with her, knowing her to be married. For adultery to be successfully prosecuted, the following elements must be proven:

The woman is married.
She had sexual intercourse with a man other than her lawful husband.
The man knew the woman was married.

The penalty for adultery is prisión correccional, which ranges from six months and one day to six years.

Important Notes:

Adultery is considered a private crime. This means that only the offended spouse (the husband) has the legal standing to file the complaint. Prosecutors cannot initiate the case on their own.
The complaint must be supported by evidence demonstrating that actual sexual intercourse occurred. Suspicion or circumstantial evidence, no matter how compelling, is insufficient.
A single act of sexual intercourse constitutes adultery, unlike concubinage (the equivalent offense for husbands), which requires proof of cohabitation or scandalous relationships.

II. The Impact of Annulment or Divorce Proceedings

The question posed hinges on whether the initiation of annulment or divorce proceedings by the wife affects the husband's ability to file an adultery case. To answer this, let us examine several legal principles:

Marital Status and Adultery
Adultery can only occur within the bounds of a valid and subsisting marriage. As long as the marriage remains legally valid—whether or not annulment or divorce proceedings have been initiated—the wife may still be held criminally liable for adultery, provided that the offense was committed.

The mere filing of an annulment petition does not alter the marital status of the parties. Until the marriage is judicially declared null and void, the marital bond remains intact, and both parties are obligated to uphold the duties and fidelity required of married individuals under Philippine law.
No Divorce in the Philippines (With One Exception)
The Philippines does not have absolute divorce for Filipino citizens, except for cases involving Muslims governed by Presidential Decree No. 1083 (Code of Muslim Personal Laws) or when a foreign spouse obtains a divorce abroad, and the Filipino spouse subsequently seeks judicial recognition of that divorce.

Since divorce is not generally available, annulment or legal separation becomes the only legal remedies for spouses seeking to dissolve or modify their marital obligations. However, neither annulment nor legal separation automatically affects the husband's right to file an adultery case unless the marriage is declared void.
Timing of the Adultery
If the adultery was committed prior to the filing of the annulment or divorce case, the husband retains the right to pursue criminal charges. This holds true even if the wife claims that the marriage is void or has filed to have it declared so. Adultery committed during the subsistence of a marriage is prosecutable, regardless of the wife's subsequent efforts to annul the union.

Conversely, if the marriage is eventually annulled or a divorce is recognized (in exceptional cases), any acts committed after the declaration of nullity or recognition of divorce can no longer constitute adultery, as the marital bond ceases to exist at that point.
Legal Separation vs. Annulment
In cases of legal separation, the marital bond is not dissolved. The spouses are merely allowed to live separately. Thus, adultery remains a prosecutable offense even after a decree of legal separation, as the marriage remains valid and subsisting.

III. Defenses Against an Adultery Charge

The wife (and her co-accused) may invoke certain defenses against a charge of adultery, such as:

Invalid Marriage
If the wife can prove that the marriage was void from the beginning (e.g., due to lack of a marriage license or psychological incapacity under the Family Code), the element of a valid marital relationship—a prerequisite for adultery—would be absent.
Condonation or Pardon
Under Article 344 of the RPC, if the offended spouse (the husband) condoned or pardoned the adulterous act, this constitutes a bar to prosecution. Condonation may be implied by the resumption of marital cohabitation despite knowledge of the affair.
Prescription of the Offense
Adultery prescribes in five years, meaning the case must be filed within five years from the date of commission.

IV. Practical Considerations

Evidence Gathering
Adultery cases require robust evidence, such as eyewitness testimony, photographic proof, or written communication demonstrating sexual relations. The standard of proof in criminal cases is "beyond reasonable doubt," which necessitates compelling evidence of guilt.
Risk of Countercharges
Spouses often engage in retaliatory litigation, such as filing concubinage charges against the husband or seeking civil damages for psychological abuse. The husband should weigh these risks carefully before filing a case.
Societal Implications
The criminalization of adultery often leads to prolonged legal battles and emotional distress. While the law provides recourse for offended spouses, the human and financial costs of litigation should be factored into any decision to pursue charges.

V. Conclusion and Legal Advice

To answer the primary concern: Yes, adultery can still be filed even if the wife has already filed for annulment or divorce. The filing of such petitions does not nullify the marital bond until a final court decision is rendered. Consequently, acts of adultery committed during the marriage remain punishable under Philippine law.

However, the decision to file an adultery case should be made judiciously. The offended husband must consider the strength of the evidence, potential defenses, and the broader implications of pursuing criminal charges. Consulting a trusted attorney is essential to navigate the legal, emotional, and social complexities of such cases.