Adultery Cases in the Philippines: Liability of a Paramour in a Past Relationship

Can a paramour be held liable for adultery even if the relationship ended years ago?

Yes, a paramour can potentially be held liable for adultery even if the relationship has ended years ago. Under Philippine law, the crime of adultery can be prosecuted at any time as long as it is within the period of prescription which is defined by the Revised Penal Code. The prescriptive period for adultery is 10 years. This means that the offended spouse has 10 years from the day the offense was committed or discovered to file the case.

What evidence is needed to prove adultery?

To prove adultery, there are several elements that must be established:

That the woman is married.
That she has sexual intercourse with a man not her husband.
That as regards the man with whom she has sexual intercourse, he must know her to be married.

Gathering substantial evidence such as photographs, messages, or witness testimonies that can substantiate the claim of adultery is crucial in proving the case in court.

Can reconciliation affect the adultery case?

Yes, reconciliation can potentially affect the adultery case. The Filipino family code encourages reconciliation, and in some instances, the offended spouse forgiving the offending party and reconciling with them can extinguish the criminal action or the penalty imposed.

How does the termination of the extramarital relationship affect the case?

The termination of the extramarital relationship does not necessarily absolve the paramour from legal liability. Even if the relationship has ended years ago, as long as the act of adultery can be proven and it is within the prescriptive period, the case can still be pursued.

Can the married couple’s separation affect the case?

The fact that the married couple is separated (whether legally or de facto) does not legitimize an extramarital affair. Adultery can still be committed even if the married couple is separated. However, it might affect the gravity of the moral suffering and damages the offended party experienced, which is considered in court.

How can one defend themselves in an adultery case?

In defending oneself in an adultery case, one can potentially argue the following:

Lack of evidence proving the extramarital affair.
The act was not committed under scandalous circumstances.
The case has prescribed, meaning it was filed beyond the 10-year prescriptive period.

Legal representation can help in formulating the best defense strategy based on the specifics of the case.

Conclusion

Adultery cases in the Philippines consider both the marital status and the actions taken during the relationship. Even if the relationship with the paramour has ended years ago, there might be legal liability if the case is filed within the 10-year prescriptive period. It is advisable for individuals involved in such cases to seek legal advice to understand the nuances and their legal position better. It is essential to gather substantial evidence and understand the possible defenses to navigate such cases appropriately.