Dear Attorney,

I am currently residing abroad and would like to know if I can file a case against my husband for committing adultery while I am not in the Philippines. Is this legally possible even if I am not physically present in the country? What steps should I take?

Concerned Wife

Insights

Under Philippine law, adultery is a criminal offense under Article 333 of the Revised Penal Code. Adultery is committed by a married woman who engages in a sexual relationship with a man who is not her husband, and the man who participates in the affair is equally liable.

Adultery cases can be filed even if one of the spouses is abroad, provided that the necessary legal steps are taken in the Philippines. The offended party, typically the husband in cases of adultery, can file a criminal complaint through a legal representative, such as a lawyer, who can handle the case in the complainant's absence. The complaint must be filed with the prosecutor's office where the offense took place, and evidence of the adulterous relationship must be submitted.

However, it is important to note that in adultery cases, the offended party must present clear and convincing evidence of the illicit relationship. This could include witness testimonies, photographs, or other forms of proof that demonstrate the existence of a sexual relationship outside the marriage. Additionally, the law requires that the husband must file the case within five years from the time the adulterous act was discovered.

The Philippine legal system allows for complaints to be filed even if the complainant is not in the country, as long as the case proceeds through proper legal channels.