Letter from the Concerned Spouse

Dear Attorney,

Good afternoon. I hope this letter finds you well. I am writing to seek legal advice on a deeply personal and troubling matter. I recently discovered that my spouse, who is currently in the Philippines, is having an extramarital affair with a person residing in another country. This has caused me immense pain and emotional distress.

I wish to know if there are any legal remedies available to address this situation. Specifically, I am wondering if it is possible to initiate legal action that could result in the deportation of the third party involved, even though they are based abroad. I understand that infidelity is a serious issue under Philippine law, and I hope you can provide comprehensive guidance on this matter.

Thank you for your time and attention. I look forward to your advice.

Sincerely,
A Betrayed Spouse

Legal Analysis and Guidance on Deportation and Spousal Infidelity

Infidelity is a deeply distressing issue, and many individuals in similar circumstances seek legal remedies to address both the personal and societal implications of such betrayal. This analysis will explore the relevant legal principles under Philippine law, discuss the potential avenues for addressing the infidelity, and evaluate whether deportation of a foreign third party is a feasible remedy.

I. Philippine Laws on Infidelity

In the Philippines, infidelity by a spouse may give rise to civil and criminal liabilities. The legal provisions relevant to such situations include:

A. Adultery and Concubinage

The Revised Penal Code of the Philippines classifies adultery and concubinage as crimes punishable under the following conditions:

Adultery (Article 333)
- Adultery is committed by a married woman who engages in sexual intercourse with a man who is not her husband.
- Both the woman and the paramour (the man she has an affair with) are criminally liable.
Concubinage (Article 334)
- Concubinage is committed by a married man who:
  - Keeps a mistress in the conjugal dwelling,
  - Has sexual intercourse under scandalous circumstances, or
  - Cohabits with a woman other than his wife in any other place.
- The husband and the concubine (the woman involved) are criminally liable.

Key Legal Implication:

Criminal charges for adultery or concubinage require the filing of a complaint by the aggrieved spouse, and only the offended party can initiate the case.
Convictions under these provisions result in imprisonment for both the spouse and their partner.

B. Psychological Violence under the Anti-Violence Against Women and Their Children Act (RA 9262)

Psychological violence includes acts or omissions causing emotional distress to a woman, which could apply to infidelity if it causes substantial harm to the wife.
This law provides for civil and criminal remedies, including protection orders and damages.

II. Deportation of a Foreign Third Party

A. Jurisdiction of Deportation Proceedings

Deportation is an administrative action governed by the Bureau of Immigration (BI) in the Philippines. It applies exclusively to foreign nationals who violate immigration laws, such as:

Entering the Philippines illegally;
Overstaying their visas or failing to comply with visa conditions;
Committing acts prejudicial to public interest.

B. Applicability of Deportation for Infidelity

Deportation is a measure to remove foreign nationals who violate Philippine laws within its territory. However, since the foreign third party resides abroad, the Philippine authorities lack jurisdiction to initiate deportation proceedings against them.

C. Extraterritorial Application of Philippine Laws

The general rule under Philippine law is that penal statutes apply only within the country’s territorial jurisdiction.
While some laws (e.g., Anti-Trafficking in Persons Act) have extraterritorial application, adultery and concubinage do not extend beyond the Philippines.

Conclusion on Deportation: The foreign third party cannot be deported by Philippine authorities if they are outside the country and have not committed any violations of Philippine immigration or penal laws within its territory.

III. Alternative Remedies for the Aggrieved Spouse

Although deportation of the foreign paramour may not be possible, the following legal and civil remedies are available:

A. Filing a Criminal Case for Adultery or Concubinage

If the foreign third party enters the Philippines, they may be prosecuted alongside the offending spouse.
The filing process involves:
1. Securing evidence of the affair (e.g., photos, correspondence, or witness testimony);
2. Filing the complaint before the Office of the City or Provincial Prosecutor;
3. Following through with the criminal proceedings.

B. Civil Action for Damages

Under Article 19, Article 20, and Article 21 of the Civil Code, a spouse may file a civil case for damages arising from wrongful acts, such as causing emotional distress through infidelity.
Such cases can target both the offending spouse and their paramour.

C. Annulment or Legal Separation

Grounds for legal separation include infidelity, as defined in the Family Code of the Philippines.
Annulment may be pursued if psychological incapacity can be proven, though it is distinct from cases of adultery or concubinage.

D. Protection Orders under RA 9262

A wife suffering emotional or psychological violence due to her husband’s infidelity may seek a Temporary or Permanent Protection Order to safeguard her rights and interests.

IV. Challenges and Practical Considerations

Evidence Collection:
- Evidence of infidelity must be clear and convincing to support both criminal and civil cases.
International Dimensions:
- Pursuing legal action against a foreign national may involve complications, especially if they remain abroad and outside Philippine jurisdiction.
Impact on Family and Children:
- Legal proceedings can be emotionally taxing, particularly when children are involved. Counseling and mediation may be considered as alternatives.
Ethical and Personal Decisions:
- The aggrieved spouse must weigh the emotional and financial costs of litigation against the potential outcomes.

V. Conclusion and Recommendations

While deportation of the foreign third party is not feasible, Philippine law provides robust remedies to address spousal infidelity. You may consider filing criminal or civil cases, as appropriate, to hold your spouse and the paramour accountable. Consulting with a skilled family law attorney will help you navigate these options effectively and protect your rights.

If you require further assistance or have additional questions, do not hesitate to reach out. We stand ready to provide the support you need during this difficult time.

This comprehensive guide aims to clarify your rights and legal options. Please consult a lawyer to tailor the advice to your specific circumstances.