Dear Attorney,

I would like to ask about the legal steps I can take against a government employee who had sexual relations with my partner, leading to her pregnancy. I wish to know what charges I can file and the possible legal consequences for his actions. Thank you.

—Concerned Citizen

Insights

In the Philippines, adultery and concubinage are criminal offenses under the Revised Penal Code. Adultery is committed by a married woman who engages in sexual intercourse with a man other than her husband. The man who knowingly engages in such relations with a married woman may also be charged with adultery.

Adultery Provisions under the Law
Adultery is defined in Article 333 of the Revised Penal Code. For the crime to be proven, the prosecution must establish:

The woman must be married.
There must be sexual intercourse between the woman and a man who is not her husband.

The penalty for adultery is imprisonment (prisión correccional), which ranges from 6 months and 1 day to 6 years. Both the married woman and the man with whom she committed adultery are subject to this punishment.

Who Can File the Case?
The offended spouse (the husband of the married woman) is the only person who can file an adultery case. Therefore, if you are not the married woman’s spouse, you do not have the standing to file an adultery complaint. However, the aggrieved party in such cases could explore other civil remedies, particularly in terms of emotional and psychological damages, if applicable.

Concubinage
If the man is married, the woman (your partner) cannot charge him with adultery, but his wife may file a concubinage case against him under Article 334 of the Revised Penal Code. Concubinage involves a married man cohabiting with a woman other than his wife or maintaining her in a scandalous relationship.

Administrative and Civil Remedies
As the man in question is a government employee, you may consider filing administrative charges based on violations of ethical standards for public officials. Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) holds government employees accountable for maintaining moral standards. This can lead to administrative sanctions, which may include suspension or dismissal, depending on the gravity of the offense.

In terms of civil action, you may consult a lawyer to assess possible damages or other remedies under Philippine civil laws, particularly if the circumstances cause emotional or financial harm.

Conclusion
While adultery charges can be pursued by the offended spouse, exploring other legal avenues, such as administrative or civil remedies, may be more appropriate if the concerned individual is a government employee. Seeking legal advice will help clarify which steps are most suitable based on the circumstances.