Dear Attorney,

I would like to ask if electronic exchanges between a husband and another woman, particularly messages about meeting in a motel, can be used as evidence in court. Could these messages be presented as proof of adultery in a legal case?

Sincerely,
Concerned Spouse

Insights

In the Philippines, adultery is a criminal offense punishable under the Revised Penal Code. Adultery involves a married woman having sexual relations with a man other than her husband, and both parties can be prosecuted for this offense. Evidence in adultery cases must prove the commission of the sexual act.

Electronic Messages as Evidence

In recent years, courts have allowed electronic messages such as text messages, emails, and social media exchanges to be admitted as evidence in legal cases, including adultery. Under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), electronic messages and other forms of electronic data are considered admissible as evidence, provided they are authenticated. The messages must show clear intent or participation in the act of adultery.

Proving Adultery

To prove adultery, it is not enough to present electronic messages showing plans to meet in a motel. The prosecution must provide additional evidence that an actual sexual act occurred. This could include witnesses, surveillance, or other corroborating evidence. However, electronic messages can help establish intent, making them a crucial part of the overall evidence package.

Legal Process

When pursuing a case of adultery, the aggrieved spouse must file a criminal complaint against both the wife and the paramour. In court, the electronic messages must be authenticated, which usually involves testimony from experts or persons involved in the conversation.

Conclusion

Electronic messages can be used as evidence in adultery cases in the Philippines, but they must be part of a broader body of proof showing that an adulterous act occurred.