Legal Actions Concerning Marital Infidelity in the Philippines

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Dear Attorney,

I hope this letter finds you well. I am writing to seek your legal advice regarding a difficult situation I am facing in my marriage. I have discovered that my husband is involved in an extramarital affair with another woman, and this has caused me tremendous emotional distress. I am contemplating filing legal cases against both my husband and the woman he is involved with, and I want to know what legal remedies are available to me under Philippine law.

Could you kindly advise me on what cases I can file against my husband and his mistress, and what legal options I have for protecting my rights in this situation? I am eager to understand the steps I can take and the potential outcomes of pursuing these legal actions.

Thank you for your time and assistance.

Sincerely,
A Distressed Wife

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Understanding the Legal Remedies Available to a Spouse Facing Marital Infidelity in the Philippines

In the Philippines, the legal system offers specific remedies for spouses who are victims of infidelity. Given the country's strong adherence to traditional family values, the law provides certain avenues to address the moral and legal violations committed by an unfaithful spouse and their partner. However, it is essential to note that these remedies vary depending on the circumstances and the type of violations involved. Below, we will explore the different legal actions that can be filed against a spouse and their paramour under Philippine law, including criminal, civil, and administrative cases.

1. Criminal Actions Under the Revised Penal Code

In the context of infidelity, the most relevant criminal charges fall under the Revised Penal Code (RPC), specifically in Articles 333 and 334. These provisions address adultery and concubinage, which are considered crimes against chastity.

Adultery (Article 333 of the Revised Penal Code)

Adultery is a crime that is committed when a married woman has sexual relations with a man who is not her husband. The essential elements of adultery include:

• The woman is legally married.
• She engages in sexual intercourse with a man other than her husband.
• The sexual relations are voluntary.

Under this provision, both the wife and her paramour can be held criminally liable. The law allows the aggrieved husband to file a criminal complaint against both parties involved in the adulterous relationship. However, the law does not extend the same remedy to a wife whose husband commits infidelity with another woman. Instead, she must file a different type of case, which we will discuss in detail below.

Adultery is a crime punishable by prision correccional in its medium and maximum periods, which can range from six months and one day to six years of imprisonment.

Concubinage (Article 334 of the Revised Penal Code)

Concubinage is the criminal act specifically aimed at penalizing a married man who engages in certain illicit relationships with a woman other than his wife. The crime of concubinage, however, has stricter requirements compared to adultery. To file a case for concubinage, the following elements must be present:

• The husband is married.
• He maintains a relationship with a woman who is not his wife.
• The illicit relationship must meet one of the following conditions:
  1. The husband cohabits with the mistress in the conjugal home.
  2. The husband cohabits with the mistress in another location.
  3. The husband engages in scandalous sexual relations with the mistress.

It is worth noting that the law on concubinage reflects a significant gender disparity when compared to adultery. Unlike adultery, where a mere act of sexual intercourse can lead to a criminal case, concubinage requires proof of scandalous or cohabitative behavior. This makes proving concubinage more challenging than adultery.

Concubinage is punishable by prision correccional in its minimum and medium periods, which ranges from six months and one day to four years and two months for the husband. The paramour (mistress) faces a penalty of destierro (banishment), which means being prohibited from residing within a specific radius around the residence of the offended spouse for a specified period.

Filing a Criminal Case

It is important to emphasize that only the aggrieved spouse can file a criminal complaint for adultery or concubinage. The complainant cannot drop the case once it is filed, as it involves a public crime and the State has an interest in prosecuting it. Additionally, both adultery and concubinage are private crimes, meaning that only the offended spouse has the legal standing to initiate the case. A third party cannot file the complaint on behalf of the aggrieved spouse.

Further, the aggrieved spouse must file the criminal complaint within the prescriptive period of five years from the time the crime was discovered.

2. Civil Actions for Moral Damages and Support

Beyond criminal prosecution, the aggrieved spouse may also file civil cases to seek compensation for the emotional suffering caused by the infidelity.

Moral Damages (Article 2219 of the Civil Code)

Under Article 2219 of the Civil Code, an aggrieved spouse can file a civil case for moral damages if it is proven that their spouse’s infidelity caused emotional distress, anguish, and suffering. The provision allows for the recovery of monetary compensation, depending on the severity of the mental anguish experienced by the aggrieved party.

A successful claim for moral damages requires the offended spouse to present evidence of the emotional impact of the affair. This may include testimony about the mental anguish experienced or psychological evaluations showing the harm caused by the extramarital affair.

Support (Articles 195 and 198 of the Family Code)

If the couple has children, the aggrieved spouse may also file for support. Under Articles 195 and 198 of the Family Code, both spouses are obliged to support their children financially, regardless of their marital situation. If the erring spouse abandons the aggrieved spouse and their children, the latter can file a petition for support, compelling the erring spouse to continue providing financial assistance.

3. Legal Separation (Family Code of the Philippines)

The Family Code provides another remedy for spouses facing marital infidelity through the filing of a petition for legal separation. While this does not dissolve the marriage, it allows the aggrieved spouse to live separately from the erring spouse and divides their properties accordingly.

Under Article 55 of the Family Code, one of the grounds for filing a petition for legal separation is “sexual infidelity or perversion.” This ground is relevant in cases where one spouse engages in extramarital affairs, making it possible for the aggrieved spouse to seek legal separation. A successful petition results in the following legal consequences:

• The spouses live separately, although they remain legally married.
• The absolute community or conjugal partnership of property is dissolved.
• Custody of children is awarded based on the best interests of the child, though parental authority is not affected by legal separation.

It is important to note that the aggrieved spouse must file the petition for legal separation within five years from the discovery of the infidelity. Additionally, legal separation does not allow the parties to remarry, as the marriage bond remains intact.

4. Psychological Incapacity and Annulment (Article 36 of the Family Code)

In certain cases, marital infidelity may be used as a basis for filing a petition for the declaration of nullity of marriage under Article 36 of the Family Code, which covers psychological incapacity. Psychological incapacity refers to the inability of a spouse to fulfill their marital obligations due to some psychological disorder or condition.

While infidelity itself is not sufficient to prove psychological incapacity, a pattern of infidelity may be considered evidence of a spouse’s inability to fulfill their obligations under the marriage. If proven, the marriage may be declared null and void, allowing both parties to remarry.

5. Administrative Sanctions

If the erring spouse is a public official, the aggrieved spouse may file an administrative case for conduct unbecoming of a public officer or immorality. These types of administrative cases can result in disciplinary sanctions, including suspension or dismissal from public service. Such cases are filed with the appropriate government agency or tribunal, depending on the specific position held by the erring spouse.

Conclusion

Dealing with marital infidelity is emotionally challenging, and the legal remedies available in the Philippines are designed to address both the moral and legal violations that arise from such situations. The aggrieved spouse has several options, ranging from criminal prosecution (adultery or concubinage) to civil cases for moral damages and support, as well as petitions for legal separation or annulment.

It is crucial for the aggrieved spouse to carefully consider the appropriate legal action based on the specific facts of the case, as each remedy comes with its own set of legal requirements and consequences. Consulting with a competent lawyer who specializes in family law is essential to navigating these complex issues and ensuring that one's rights are fully protected.