Dear Attorney,
I am currently facing a situation where I have learned that my spouse is having an affair with another woman. I want to know if I can file a case against the mistress. Is there any legal remedy available to me under Philippine law?
Sincerely,
A Concerned Spouse
Insights
Under Philippine law, there are limited options when seeking legal action against a mistress. The relevant legal provisions revolve around criminal and civil liabilities, specifically those related to family law, adultery, and concubinage.
Criminal Liability: Adultery and Concubinage
The Revised Penal Code of the Philippines addresses marital infidelity through Articles 333 and 334, which define adultery and concubinage, respectively.
Adultery – A wife commits adultery if she engages in a sexual relationship with a man other than her husband. Adultery is considered a criminal offense, and both the wife and her paramour can be charged. The offended husband may file a criminal case against both parties. However, for concubinage, only the husband can be the principal offender.
Concubinage – If a husband engages in an affair, he may be charged with concubinage under Article 334. However, this is more specific and includes certain acts such as cohabiting with the mistress in the conjugal dwelling or maintaining her in another home. The offended wife can file a criminal case for concubinage against her husband and the mistress.
It’s important to note that for both adultery and concubinage cases, evidence must be clear and convincing, and these cases require the filing of criminal complaints in court.
Civil Liability: Damages
In addition to criminal liability, a wife or husband who suffers from the extramarital affair may seek civil remedies, particularly in the form of moral damages. Article 26 of the Civil Code of the Philippines allows a person to file a case for damages if their dignity, reputation, or personal honor has been tarnished. However, the challenge lies in proving the emotional and psychological harm caused by the illicit relationship.
Filing of a Case
The aggrieved party can file a criminal complaint for concubinage or adultery in the proper court. In cases where the intent is to recover damages, the offended spouse may pursue a civil case for moral damages based on the provisions of the Civil Code.
These laws emphasize the protection of marriage and the sanctity of family life in the Philippines, although criminal prosecution for marital infidelity cases often requires substantial evidence, and pursuing such a case can be complex. Always seek professional legal advice tailored to your specific situation.