Letter to a Lawyer

Dear Attorney,

I hope this message finds you well. I am writing to seek your advice regarding a sensitive and distressing situation. I am currently in a live-in relationship, but I recently discovered that my partner has been unfaithful. This betrayal has caused significant emotional and psychological distress, and I am unsure of the legal actions available to me under Philippine law.

Could you please help me understand what cases, if any, I can file against my partner or the third party involved? Additionally, I would like to know if there are specific remedies under the law that apply to situations like mine.

Thank you for your guidance.

Sincerely,
A Distressed Partner

Legal Analysis of Remedies Available Against a Cheating Partner in a Live-in Relationship

Under Philippine law, the legal options for addressing infidelity within a live-in relationship differ significantly from those available in the context of marriage. While the law provides remedies for emotional and material harm, it is vital to understand the limitations imposed by the absence of a formal marital bond. Below, we will discuss the possible legal actions and remedies in detail.

1. Philippine Legal Context on Live-in Relationships

Live-in relationships, or common-law unions, are not governed by the Family Code in the same way as marriages. While cohabitation is recognized as a valid relationship, it lacks the legal rights and responsibilities afforded to married couples. This distinction limits the scope of legal remedies available to a live-in partner experiencing infidelity.

However, the law does acknowledge the emotional and economic consequences of such relationships. Relevant legal doctrines and statutes that can apply include provisions in the Civil Code, Revised Penal Code, and jurisprudence addressing moral damages and property rights.

2. Potential Civil Cases

a. Damages for Breach of a Quasi-Marital Obligation

While live-in partners do not have the same legal status as spouses, the courts recognize that cohabitation entails a degree of mutual trust and obligation. Infidelity can be grounds for a civil action to claim moral damages and exemplary damages under Article 19, 20, and 21 of the Civil Code.

Article 19 outlines the principle of good faith in human relations.
Article 20 prohibits the willful violation of another’s rights.
Article 21 provides for damages in cases where an act, although legal, violates good morals, customs, or public policy.

Example:
If the infidelity caused psychological suffering, embarrassment, or reputational damage, the aggrieved partner could file for damages based on these provisions. The courts may award compensation depending on the severity of the harm and the evidence presented.

b. Breach of Property Agreements

Many live-in partners pool their financial resources during the relationship. If one partner used joint funds to support the affair (e.g., paying for gifts, travel, or accommodations), the aggrieved party may file a case for recovery of misappropriated property or unjust enrichment.

Action: File a case under Article 22 of the Civil Code, which prohibits unjust enrichment at the expense of another.
Burden of Proof: The aggrieved partner must demonstrate how shared assets were improperly used.

3. Possible Criminal Cases

a. Concubinage (Limited Applicability)

Concubinage is a criminal offense under Article 334 of the Revised Penal Code, but it applies only to married individuals. If the cheating partner is married to another person, the aggrieved live-in partner could potentially file a criminal complaint as an interested party.

Requirements: The complainant must prove that the married partner committed acts constituting concubinage, such as keeping the third party in the conjugal dwelling or cohabiting in a scandalous manner.

b. Adultery (Limited Applicability)

Similarly, adultery applies exclusively to married women. If the third party involved in the affair is a married woman, the aggrieved party may initiate a complaint for adultery under Article 333 of the Revised Penal Code.

c. Acts of Lasciviousness or Immoral Doings

If the cheating partner engaged in behavior amounting to public scandal, you might have grounds to file a criminal case under Acts of Lasciviousness (Article 336 of the Revised Penal Code) or related local ordinances governing public decency.

4. Legal Actions Against the Third Party

a. Civil Liability for Seduction or Alienation of Affection

In certain cases, the aggrieved live-in partner may file a civil case against the third party for alienation of affection or intentional infliction of emotional harm. While rare, Philippine courts have recognized such claims when supported by compelling evidence.

b. Moral Damages for Intentional Acts

Under Article 2219 of the Civil Code, the injured party may claim moral damages for the pain and suffering caused by the third party’s intrusion into the relationship.

5. Custody and Support Issues (If Applicable)

If the live-in relationship produced children, custody and support disputes may arise following the infidelity. The following remedies apply:

Child Custody: The Family Code prioritizes the welfare of the child in determining custody. Courts generally award custody to the mother unless compelling evidence shows unfitness.
Child Support: Both parents are obligated to provide financial support for their children. An aggrieved partner may file a petition for support to ensure the cheating partner fulfills this duty.

6. Property Division

Live-in partners who have acquired properties together may encounter disputes over their division. The Civil Code provides for the equitable distribution of jointly acquired properties:

Presumption of Equal Contribution: Article 147 of the Family Code applies to live-in relationships where both partners are not legally impeded from marrying. Properties acquired during the relationship are presumed to be owned equally unless proven otherwise.
Action: File a civil case for partition or liquidation of common assets.

7. Preventive Measures and Alternative Remedies

a. Mediation and Counseling

Before resorting to litigation, consider engaging in mediation or counseling. This approach may help resolve emotional and property issues amicably.

b. Protection Under Local Laws

Some local ordinances provide additional protections for individuals in domestic partnerships. For instance, anti-violence ordinances may offer remedies for psychological or emotional abuse stemming from infidelity.

Conclusion

Although the legal framework governing live-in relationships in the Philippines does not afford the same protections as marriage, there are still remedies available for addressing the consequences of infidelity. These include claims for damages, recovery of property, and, in limited cases, criminal complaints. The success of any legal action depends on the strength of the evidence and the circumstances of the case.

To proceed, it is crucial to consult with an experienced attorney to assess the specific details of your situation and develop an appropriate legal strategy. By understanding your rights and available remedies, you can make informed decisions to protect your interests and seek justice.