Dear Attorney,

I would like to seek your advice regarding infidelity. My spouse has been engaging in extramarital activities, and I am considering filing charges. Could you please guide me on the legal grounds for such a case under Philippine law, and what actions I should take moving forward?

Sincerely,
A Concerned Spouse

Insights

Under Philippine law, infidelity within the context of a marriage is primarily addressed through the Revised Penal Code, specifically under the provisions for adultery and concubinage. These offenses directly pertain to the acts of infidelity by either spouse and outline the criminal charges and penalties that may be imposed.

Adultery (Article 333 of the Revised Penal Code)

Adultery is committed by a married woman who engages in sexual intercourse with a man who is not her husband. For adultery to be proven, the following elements must be present:

The woman is married – Adultery can only be committed by a legally married woman.
Sexual intercourse – The act of sexual intercourse with a man other than her husband must be proven. This is a critical element and requires solid evidence, often through eyewitness testimony or documentary evidence like text messages, pictures, or videos.
The third party must be aware of her marital status – The man involved in the adulterous relationship should know that the woman he is engaging with is married.

Both the woman and her lover can be criminally charged with adultery, and they may face imprisonment. The penalty for adultery is prisión correccional in its medium and maximum periods, ranging from 2 years, 4 months, and 1 day to 6 years.

Concubinage (Article 334 of the Revised Penal Code)

Concubinage is the counterpart crime committed by a married man. However, the elements of concubinage are different from adultery, making it more challenging to prove. Concubinage is committed when a married man engages in any of the following acts:

Keeping a mistress in the conjugal dwelling – The husband brings his concubine into the marital home.
Having sexual relations under scandalous circumstances – The relationship between the husband and his mistress becomes publicly known and offensive to public morals.
Cohabiting with a mistress in any other place – The husband establishes a separate household with the woman, openly living with her in another location.

The penalty for concubinage is prisión correccional in its minimum and medium periods, ranging from 6 months and 1 day to 4 years and 2 months. Unlike adultery, only the husband can be charged criminally, while the concubine can only face civil action.

Legal Remedies for the Aggrieved Spouse

For the spouse affected by adultery or concubinage, several legal remedies are available:

Criminal Prosecution – The offended spouse may file a criminal complaint for adultery or concubinage. These are private crimes, meaning only the offended spouse has the right to initiate legal action. The complaint must be filed within five years from the commission of the offense.
Annulment or Legal Separation – An aggrieved spouse can also seek the annulment of the marriage based on psychological incapacity or legal separation if the grounds for concubinage or adultery are proven. However, it’s important to note that annulment and legal separation are different legal remedies and do not always result in the same consequences.
- Annulment dissolves the marriage as if it never existed, and it has implications for the custody of children, property division, and remarriage.
- Legal separation allows the spouses to live apart and divides their assets, but it does not dissolve the marriage bond, meaning neither party can remarry.
Custody and Property Rights – In cases of adultery and concubinage, the innocent spouse may seek sole custody of the children, especially if the guilty spouse’s behavior is deemed harmful to the children’s welfare. Additionally, the innocent spouse can request a fair division of property or even full control over certain assets, depending on the circumstances of the case.

Evidence Required in Adultery and Concubinage Cases

Adultery and concubinage are difficult to prove since they require concrete evidence of sexual relations or cohabitation. Courts in the Philippines require substantial evidence such as:

Testimonies from witnesses who can attest to the adulterous or concubinous acts.
Documentary or physical evidence like photographs, videos, or correspondence proving the affair.
Affidavits or sworn statements from private investigators or other third parties who have direct knowledge of the extramarital relationship.

Given the private nature of these offenses, obtaining such evidence can be invasive and challenging, often leading parties to engage in thorough investigative work, usually involving private investigators.

Legal Defenses for the Accused Spouse

The accused spouse in adultery or concubinage cases may raise various defenses to counter the allegations. Some of the common defenses include:

Denial of the relationship – The accused can argue that there is no proof of sexual relations or cohabitation, shifting the burden on the accuser to present evidence.
Inadmissibility of evidence – The accused may question the authenticity or legality of the evidence presented, particularly if it was obtained through illegal means, such as invasion of privacy.
Reconciliation – In cases where the aggrieved spouse has forgiven the accused and reconciled after discovering the affair, the right to file charges may be waived under Philippine law. If there has been forgiveness, the law considers that the aggrieved spouse has condoned the infidelity, thereby preventing the filing of charges.

The Importance of Legal Counsel

It is crucial for individuals dealing with cases of adultery or concubinage to seek the guidance of a lawyer experienced in family law and criminal law. Not only can a lawyer help gather the necessary evidence to prove infidelity, but they can also provide sound legal advice on whether to pursue criminal charges, file for annulment, or seek legal separation. Each case is unique, and the course of action will depend on the circumstances and available evidence.

Moreover, given the complexities of prosecuting adultery and concubinage, as well as the emotional toll such cases take on the parties involved, a lawyer can provide the necessary legal and emotional support throughout the process.

Conclusion

Adultery and concubinage are serious offenses under Philippine law, with both criminal and civil implications for the parties involved. While the law provides clear grounds for action, the success of a case heavily depends on the availability of evidence and the legal strategy employed. Whether one is the aggrieved spouse or the accused, consulting a lawyer is essential to navigate the intricacies of these cases and ensure that the rights of all parties are protected.