Dear Attorney,
I am deeply concerned about my husband, who I believe is involved with another woman. This situation has caused emotional distress and confusion regarding my legal options. I want to know what remedies are available to me under Philippine law. Can you help clarify what legal steps I can take?
— Distressed Wife
Insights
In Philippine law, the concept that applies to situations involving a married person having a relationship outside of marriage is infidelity, which may lead to criminal charges or serve as grounds for legal actions in civil cases like annulment or legal separation. Below is a comprehensive look at the key legal principles:
Adultery and Concubinage
In the Philippines, infidelity is addressed under criminal law through the crimes of adultery and concubinage. The Revised Penal Code distinguishes between these two offenses based on gender:
Adultery (Art. 333, Revised Penal Code) – This crime can be committed by a wife who has sexual relations with a man other than her husband. Both the wife and the man involved (her lover) can be prosecuted for adultery. The law states that there must be actual sexual intercourse to constitute adultery. The offended party, usually the husband, must file the complaint within five years from the commission of the crime.
Concubinage (Art. 334, Revised Penal Code) – This crime applies to husbands and is more difficult to prove than adultery. To be charged with concubinage, the husband must either:
- Keep a mistress in the conjugal dwelling,
- Have sexual intercourse under scandalous circumstances, or
- Cohabit with his mistress in any other place.
In contrast to adultery, where both the wife and the lover can be charged, concubinage targets the husband and the mistress separately. However, concubinage can be harder to prosecute because the law requires proof of a more severe type of behavior beyond mere infidelity.
Grounds for Annulment or Legal Separation
If a spouse’s infidelity has deeply affected the marriage, it may also serve as a ground for either annulment or legal separation. Here’s a breakdown of the two options:
Annulment – Infidelity by itself is not a direct ground for annulment under Philippine law. However, it may be used as supporting evidence if it falls under broader legal grounds such as psychological incapacity (Art. 36, Family Code). To establish psychological incapacity, it must be proven that the unfaithful spouse suffers from a personality disorder rendering him or her incapable of fulfilling the essential marital obligations.
Legal Separation – Under the Family Code, infidelity is one of the grounds for legal separation (Art. 55, Family Code). Legal separation allows spouses to live apart and have their property regime separated, but it does not dissolve the marriage. The legally separated spouses are still not free to remarry. A petition for legal separation must be filed within five years from the time the ground for separation occurred.
Civil Code Provisions on Damages
In addition to criminal prosecution and civil remedies under family law, a spouse who has been wronged by infidelity may claim damages under civil law. Article 2219 of the Civil Code provides for moral damages in cases of seduction, abduction, concubinage, or adultery. This provision allows the aggrieved spouse to seek compensation for the emotional pain and suffering caused by the offending spouse's actions.
Protection of Women Under the Anti-Violence Against Women and Their Children Act (RA 9262)
In cases of marital infidelity, particularly where there are adverse effects on the wife or children, Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, may apply. This law covers psychological violence, which includes acts or omissions causing mental or emotional suffering on the wife or children. The mere knowledge of a husband’s infidelity could be interpreted as psychological abuse, and the aggrieved spouse may file for a protection order under this law. The law offers immediate legal remedies, such as restraining orders, which can prohibit the unfaithful spouse from contacting or approaching the wife or children.
Custody and Support
Infidelity does not directly affect child custody decisions in the Philippines. Courts prioritize the welfare of the child, and custody is generally awarded to the mother for children under seven years old unless there are compelling reasons to do otherwise (Art. 213, Family Code). However, a spouse found guilty of infidelity may still be obligated to provide child support under Article 194 of the Family Code. Regardless of the spouse’s infidelity, both parents remain responsible for the financial support of their children.
Prescription Period for Filing Complaints
For adultery and concubinage, it is important to note that the law provides a prescriptive period or deadline within which cases must be filed. In both instances, the complaint must be filed within five years from the commission of the crime. Failure to do so could result in the dismissal of the case on the grounds of prescription.
No-Fault Divorce: A Complex Legal Issue
As of today, the Philippines does not recognize divorce for its citizens, except in cases where one spouse is a foreign national, and a divorce is obtained in the foreign country. Several bills seeking to legalize divorce have been introduced in Congress, but none have been passed into law. This means that for now, Filipino couples do not have the option of dissolving their marriage via divorce.
Reconciliation and Counseling
While the law provides avenues for prosecuting or separating from an unfaithful spouse, many couples opt for counseling and reconciliation. The courts generally promote reconciliation in cases of legal separation (Art. 61, Family Code) and may mandate a cooling-off period before the proceedings continue. For couples facing the challenges of infidelity, seeking the help of a marriage counselor, family mediator, or spiritual advisor can be an important step toward healing or resolution.