Dear Attorney,

I am concerned about the behavior of my spouse. Recently, I have noticed that she has been spending time with another man, even though we are still married. I am unsure whether this is something that could be considered adultery under Philippine law and what actions I might be able to take. I would appreciate your legal guidance on the matter.

Concerned Husband

Insights

Under Philippine law, adultery is defined as an extramarital relationship involving a married woman and a man who is not her husband. Adultery, as covered under Article 333 of the Revised Penal Code, is a criminal offense in the Philippines. This crime, punishable by imprisonment, applies to married women who engage in sexual relations with a man other than their husband. In this legal context, only the wife and the man she engages in adultery with (referred to as her "paramour") can be held liable.

Key Elements of Adultery

For the crime of adultery to be established, the following elements must be present:

The woman is married – The offense of adultery is specific to married women. The legal concept hinges on the fact that the woman is bound by a legal and valid marriage at the time of the adulterous act.
The woman engages in sexual relations with another man – Adultery is proven through sexual relations, meaning actual carnal knowledge is required to support a charge of adultery.
The man is not her husband – The other party involved in the sexual act must be someone other than her legal spouse.

These elements must be proven beyond reasonable doubt to sustain a conviction. Evidence such as explicit correspondence, witness testimony, or undeniable proof of the illicit affair are essential in establishing guilt.

Legal Consequences

Adultery is punishable by prision correccional, which has a range of penalties from six months and one day to six years of imprisonment. Both the wife and the paramour can be prosecuted and penalized under the law. It is also important to note that the offended party, usually the husband, must initiate the complaint, as adultery is considered a private crime. The prosecution cannot proceed unless the aggrieved spouse (the husband in this case) personally files a complaint.

Additionally, the crime of adultery is imprescriptible as long as the marriage still subsists. This means that as long as the couple is still married, the husband can file a case against the wife at any point. However, once the marriage is dissolved (e.g., through annulment or legal separation), the right to file the case is extinguished.

Defenses Against Adultery Charges

There are limited defenses available for individuals charged with adultery. The following scenarios could prevent the prosecution of the crime:

Forgiveness – If the aggrieved husband forgives his wife, whether explicitly through reconciliation or implicitly by continuing to cohabit after discovering the affair, he is deemed to have waived his right to file an adultery case.
Prescription – While the general rule is that adultery remains actionable as long as the marriage subsists, the prescriptive period for bringing an action may be limited by certain legal doctrines, especially if the husband has condoned or tolerated the extramarital relationship for a significant amount of time.
No Sexual Relations – As mentioned earlier, adultery requires the element of carnal knowledge. If it is proven that no sexual relations took place, the charge of adultery may not stand. Other forms of inappropriate relationships that do not involve sexual intercourse may fall under different legal categories but will not amount to adultery.

Importance of Proof

It is essential to emphasize the difficulty in proving the crime of adultery, as the law requires solid and incontrovertible evidence. Accusations of infidelity alone, without tangible proof of sexual relations, will not suffice to convict someone of adultery. Surveillance, electronic correspondence, witnesses, or admissions may be necessary to substantiate claims in court.

Impact on Civil Status

An adultery conviction can have serious consequences beyond criminal penalties. It may serve as grounds for legal separation, though it is important to note that adultery alone does not automatically dissolve a marriage. In cases where adultery is proven, the offended spouse may file for legal separation or seek damages for the moral suffering caused by the affair.

However, under Philippine law, marriage is considered a permanent and inviolable institution. As such, adultery does not automatically lead to the nullification of a marriage. Annulment and declaration of nullity are distinct legal remedies based on specific grounds set out under the Family Code of the Philippines.

Adultery and Legal Separation

Under Article 55 of the Family Code, adultery is considered one of the valid grounds for filing a petition for legal separation. Legal separation allows a married couple to live apart and divide their assets, though the marriage bond remains intact. Unlike annulment or nullity, legal separation does not end the marital union but rather addresses property relations and cohabitation.

Adultery vs. Concubinage

It is also worth noting the distinction between adultery and concubinage. While adultery pertains to a married woman’s sexual relations with another man, concubinage refers to a married man's cohabitation or maintenance of a mistress in scandalous circumstances. Both adultery and concubinage are criminal offenses in the Philippines, but they apply differently depending on whether the offending spouse is male or female.

Concubinage requires proof of specific scandalous acts (such as the husband maintaining a mistress in the conjugal home or keeping her in another place). Adultery, on the other hand, is simply proven by sexual relations between the wife and another man. This disparity in treatment has been a point of criticism for being gender-biased, as it places heavier scrutiny on the actions of women.

Conclusion

Adultery is a serious offense in the Philippines, carrying significant legal consequences for both parties involved. For a conviction, solid proof of sexual relations is necessary, and the husband must file the complaint himself. It is a private crime, meaning public authorities cannot pursue charges without the aggrieved spouse's involvement. Understanding the distinctions between adultery and related concepts, such as concubinage, can help guide individuals dealing with marital disputes and potential legal repercussions.

If you believe that you have a valid claim of adultery, it is advisable to consult with a legal professional to fully understand your rights and options under the law.