Letter to a Lawyer

Dear Attorney,

I hope this letter finds you well. I am reaching out to seek your professional guidance regarding a distressing situation I am currently facing. My husband has been involved in an extramarital affair with another woman, and to make matters worse, they married without my knowledge or consent. I am deeply hurt and troubled by this betrayal, and I am determined to pursue legal action against the other woman for her involvement in this violation of my marriage.

Could you please advise me on what legal charges, if any, can be filed against her under Philippine law? I would also like to understand my rights as the legal spouse and the possible legal consequences for their actions.

Your assistance and expertise in this matter would mean a great deal to me.

Sincerely,
A Betrayed Wife

Legal Recourse Against a Spouse’s Adulterous Partner and Bigamous Marriage in the Philippines

Marital fidelity is a cornerstone of Philippine family law, and the rights of a legal spouse are protected under the Family Code and the Revised Penal Code. When a spouse enters into an extramarital affair or marries another person without the legal spouse's consent, multiple legal issues arise. This article will address the remedies available to a spouse who finds themselves in such a predicament.

1. Adultery and Concubinage: Defining Marital Infidelity in Criminal Law

The Revised Penal Code of the Philippines criminalizes acts of marital infidelity under Articles 333 and 334. While these articles apply to the offending spouse, they indirectly address the culpability of the third party.

Adultery (Article 333 of the Revised Penal Code)

Adultery occurs when a married woman engages in sexual intercourse with a man other than her husband. Both the wife and her paramour are considered liable. In the context of your concern, while adultery may not directly implicate your husband’s mistress if your husband is the offending party, there are related implications.

Concubinage (Article 334 of the Revised Penal Code)

If your husband is cohabiting with the other woman, maintaining her in a conjugal dwelling, or engaging in scandalous sexual relations under circumstances tantamount to marital disrespect, the crime of concubinage can be pursued. The penalty for concubinage applies primarily to the offending husband, but the concubine (the other woman) may also face imprisonment for her involvement.

Key considerations in filing adultery or concubinage charges include:

Evidence of the illicit relationship (e.g., photographs, correspondence, or testimonies).
The need for a private complaint initiated by the aggrieved spouse, as these are not public crimes.
The impossibility of pursuing both adultery and concubinage simultaneously due to the gender-specific application of these provisions.

2. Bigamy: A Criminal Offense Against Marriage

The act of your husband marrying another woman while still legally married to you constitutes bigamy under Article 349 of the Revised Penal Code. Bigamy is punishable by imprisonment and applies to both parties involved in the illegal marriage.

Essential Elements of Bigamy

To prove bigamy, the following must be established:

A legally valid and existing marriage.
The celebration of a second marriage without the dissolution of the first.
Knowledge and participation by the parties in the second marriage.

Since you are the legal spouse, you have the right to file a criminal case for bigamy against your husband and his second wife. Unlike adultery or concubinage, bigamy is a public crime and may be prosecuted even without your direct complaint. However, your involvement in the case as the aggrieved party can strengthen the prosecution.

3. Civil Liabilities and Annulment

In addition to criminal cases, civil remedies are available to protect your rights and ensure justice:

Declaration of Nullity of the Second Marriage
The second marriage is null and void from the outset because it violates the legal requirement that there be no subsisting marriage at the time of the union. You may seek a court declaration to affirm its nullity formally.
Grounds for Legal Separation or Annulment
If you wish to dissolve your marriage, the acts of marital infidelity and bigamy can be used as grounds for legal separation or annulment. Legal separation addresses separation of properties and custodial arrangements without dissolving the marital bond, while annulment may terminate the marriage.
Damages
Under Article 19, 20, and 21 of the Civil Code, you may seek moral damages against the third party for willfully interfering in your marriage. Evidence of emotional distress, reputational harm, or financial injury may bolster your claim.

4. Relevant Jurisprudence and Practical Challenges

Jurisprudence

Cases like Garcia v. Recio (G.R. No. 138322) and People v. Bitdu (G.R. No. L-10801) highlight the courts’ stance on bigamy and marital fidelity. The Supreme Court has consistently upheld the sanctity of marriage and penalized those who undermine it.

Challenges

While the law is clear, practical challenges arise, including:

The difficulty of gathering admissible evidence, particularly in proving bigamy or concubinage.
The emotional toll and extended duration of litigation.
The need to navigate both criminal and civil proceedings simultaneously.

5. Steps You Can Take

Consult a Lawyer
Engage a lawyer experienced in family and criminal law to discuss your legal strategy.
Gather Evidence
Document any evidence of the affair, bigamous marriage, or financial transactions between your husband and the other woman.
File Complaints
Initiate criminal complaints for bigamy or concubinage, as applicable. Your lawyer can assist with drafting and filing these complaints in court.
Consider Civil Actions
Decide whether to pursue damages or file for legal separation/annulment based on your personal circumstances.

Conclusion

Philippine law provides robust protections against marital infidelity, and remedies are available to address your grievance. The law recognizes your rights as the aggrieved legal spouse, allowing you to hold accountable both your husband and the third party for their unlawful actions. By pursuing a combination of criminal and civil remedies, you can seek justice and restore your dignity as the lawful spouse.

For further guidance, please consult with your lawyer, who can tailor the legal strategy to your specific circumstances and ensure that your rights are fully upheld.