Elements of Adultery in the Philippines: A Question-and-Answer Guide

Question: What are the elements of Adultery under Philippine law?

Answer:

Adultery is a crime punishable under the Revised Penal Code of the Philippines. It refers to the act of a married woman engaging in sexual intercourse with a man not her husband and the man knowing of the woman's marital status. Here are the essential elements of Adultery:

1. The woman is married:

The accused woman must be validly married. It is not essential that the marriage is subsisting in the sense that she could be legally separated from her husband, but as long as her marriage has not been nullified or dissolved, the element is satisfied.

2. The woman has sexual intercourse with a man not her husband:

Sexual intercourse, which signifies the carnal union of a man and a woman, must occur. The act is not limited to the first act of infidelity. Thus, every single act of sexual intercourse under the given circumstances constitutes a crime of adultery.

3. The man with whom the woman has sexual intercourse knows her to be married:

The man she is involved with must have knowledge of her marital status at the time of the sexual intercourse. If he does not know that she is married, he cannot be held liable for the crime.

Conclusion:

Adultery is a sensitive issue that carries with it not just legal implications, but also profound personal and societal impacts. When faced with circumstances involving adultery, it's crucial to understand its legal elements and consult with legal professionals who can provide guidance tailored to the specific situation.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert for advice specific to your situation.