Adultery Case in the Philippines
Fees, Procedure, and Practical Considerations
(Updated 28 May 2025 – for information only; not a substitute for personalized legal advice.)
1. Governing Law & Basic Concepts
| Provision | Key Points |
|---|---|
| Article 333, Revised Penal Code (RPC) | • Defines adultery as sexual intercourse of a married woman with a man other than her husband. • The man is liable only if he knew she was married. |
| Article 344, RPC | • Private crimes (adultery, concubinage, seduction, abduction, acts of lasciviousness) can be prosecuted only upon a complaint filed by the offended spouse (or parents/guardians, in other crimes). • The complaint must include both offenders (wife and paramour); failure to do so bars prosecution. |
| Penalty | Prisión correccional in its medium and maximum periods (2 yrs 4 mos – 6 yrs inclusive). Each completed act constitutes one count. |
| Prescription | 5 years from the date of discovery by the offended spouse (Art. 90 RPC). |
| Venue / Jurisdiction | Regional Trial Court (RTC) of the province/city where any adulterous act occurred. |
2. Essential Elements the Prosecution Must Prove
- Existing valid marriage of the woman to the complainant.
- Sexual intercourse between the accused woman and her paramour.
- Knowledge of marriage on the part of the paramour.
- Lack of consent or condonation by the offended spouse.*
* Express or implied forgiveness (e.g., continued cohabitation after discovery) extinguishes criminal liability.
3. Step-by-Step Procedure
| Stage | What Happens | Typical Timeframe | Costs & Fees* |
|---|---|---|---|
| A. Initial Consultation & Evidence-Gathering | Complainant meets counsel; secures marriage certificate, photos/texts, private investigators’ reports, etc. | 1–8 weeks | • Consultation ₱1,000 – ₱5,000 per session. • Investigator ₱2,000 – ₱8,000/day. |
| B. Sworn Complaint-Affidavit | Lawyer drafts complaint naming both respondents, attaching proof. Notarized. | 1 week | • Notarial fee ₱200 – ₱500. |
| C. Filing with the Office of the City/Provincial Prosecutor (OCP/OPP) | Complaint filed; adultery being a private crime, the Prosecutor accepts without docket fee. | Same day | No filing fee. |
| D. Preliminary Investigation (PI) | • Respondents file Counter-Affidavits. • Submissions/rebuttals. • Possible clarificatory hearing. |
1–3 months (longer in congested dockets) | No PI fee; lawyer’s appearance fees ₱3k – ₱10k/hearing. |
| E. Prosecutor’s Resolution | • If probable cause found, an Information for adultery is filed in the RTC. • Otherwise, case dismissed (may be appealed to DOJ). |
30-60 days from last pleading | None |
| F. Court Raffling & Issuance of Warrant | RTC raffles the case, judge evaluates probable cause and issues warrant or summons. | 1–2 weeks | Posting bail (see § 4). |
| G. Arraignment & Pre-Trial | Accused pleads; court sets pre-trial order outlining issues, witnesses, stipulations. | Within 30 days after arrest or voluntary surrender | Lawyer’s appearance ₱5k – ₱20k. |
| H. Trial on the Merits | Prosecution presents evidence (marriage certificate, hotel logs, eyewitnesses, admissions, DNA if applicable). Defense rebuts. | 6 months – several years | Transcript fees ₱8 – ₱20/page; miscellaneous ₱5k – ₱20k. |
| I. Decision & Remedies | Conviction or acquittal. Losing party may appeal to the Court of Appeals (and SC on questions of law). | Decision: variable. Appeal: +1–3 yrs | Filing & docket fees (appeal) ≈ ₱5k – ₱8k. |
| J. Execution of Judgment | If conviction becomes final: service of sentence or probation (if qualified). | — | Sheriff’s fees if levying property for damages. |
* Figures are ranges observed in Metro Manila; provincial rates may be lower. Lawyers may charge hourly (₱2k – ₱6k) or accept a full-case retainer (₱80k – ₱300k+).
4. Bail & Detention
- Bail is a matter of right (since penalty ≤ 6 yrs).
- Recommended bail (2021 DOJ Schedule): ₱24,000 per count, but judges may adjust.
- Alternative: Recognizance or release to the custody of a responsible person (RA 10389).
5. Evidentiary Tips & Pitfalls
| Do ✓ | Avoid ✗ |
|---|---|
| Secure certified marriage certificate from PSA. | Assuming screenshots alone suffice; authenticate digital evidence. |
| Capture overt acts (checking-in or actual intimacy) through private investigators with proper chain of custody. | Installing spyware or illicit wire-taps (these violate Anti-Wiretapping Law & Data Privacy Act). |
| Preserve contemporaneous messages—get server-certified copies if possible. | Using entrapment post-filing; adultery prosecutes past acts, not future liaisons. |
| Act within 5 years of discovery. | Reconciling then re-filing later (condonation bars action). |
6. Civil & Collateral Consequences
- Civil damages (Art. 33, Civil Code) may be claimed separately for moral, exemplary, and actual damages.
- Legal separation or nullity/annulment proceedings may proceed or be filed afterwards; evidence from the criminal case is admissible.
- Successional disinheritance under Art. 919 Civil Code possible.
- Professional or administrative sanctions (e.g., against government employees, lawyers, military personnel) may follow a conviction or even a finding of disgraceful conduct.
7. Typical Timelines
| Phase | Urban courts (congested) | Less congested provinces |
|---|---|---|
| Complaint to Information | 3–6 months | 1–3 months |
| Arraignment to Decision | 18–48 months | 12–24 months |
| Appeals to Finality | +24–36 months | +18–24 months |
8. Cost Breakdown at a Glance (per respondent)
| Item | Low-End | Mid | High-End |
|---|---|---|---|
| Lawyer (entire case) | ₱80,000 | ₱150,000 | ₱300,000+ |
| Private Investigator | ₱20,000 | ₱60,000 | ₱150,000 |
| Bail Bond (1 count) | ₱24,000 | — | — |
| Misc. court expenses | ₱10,000 | ₱25,000 | ₱50,000 |
| TOTAL | ≈ ₱134k | ≈ ₱235k | ≈ ₱500k+ |
9. Common Defenses
- Invalid marriage (e.g., bigamous earliest marriage, absence of license).
- No sexual intercourse – mere intimacy or hotel presence insufficient.
- Lack of knowledge of the woman’s marriage (for the male accused).
- Condonation – forgiveness after discovery evidenced by cohabitation or letter.
- Prescription – filed beyond 5 years from spouse’s discovery.
10. Strategic & Ethical Notes
- Filing an adultery complaint is often leveraged for negotiated settlement (e.g., custody, property division).
- Because each act is a separate offense, complainants usually allege “on or about diverse dates” to avoid multiple informations (and multiple bail bonds).
- False accusations expose the complainant to perjury/libel and counter-suits.
- The State is nominally the plaintiff once the Information is filed, but practically the offended spouse drives the prosecution by providing witnesses and funding.
Frequently Asked Questions (FAQ)
| Question | Short Answer |
|---|---|
| Can a husband commit adultery? | Under the RPC, a husband commits concubinage (Art. 334), not adultery. |
| Can I withdraw the case? | Yes, before judgment, by filing an affidavit of desistance; the court may still proceed in the public interest but almost always dismisses. |
| Can I sue both my wife and her lover for damages in the same criminal case? | No; civil damages for adultery must be filed in a separate civil action (Art. 33, Civil Code) or reserved when the criminal case is filed. |
| Is mediation available? | Yes, the OCP or the court may refer the parties to mediation, but public prosecutors cannot dismiss a private crime purely on settlement without the offended spouse’s express withdrawal. |
| Does conviction automatically dissolve the marriage? | No. A separate petition for declaration of nullity, annulment, or legal separation is required. |
11. Quick Checklist for the Complainant
- Consult a lawyer; discuss objectives (criminal vindication vs. leverage).
- Gather admissible evidence early.
- Ensure no prior forgiveness or reconciliation.
- Prepare budget for PI, legal fees, bail posting (if spouse may also need bail).
- File sworn complaint within 5 years of discovery.
- Name both offenders.
- Stay involved—attend hearings, coordinate with prosecutor.
Disclaimer: This article reflects Philippine law and typical practice as of 28 May 2025. Court costs, schedules, and fee scales vary by locality and may change. Always seek personalized counsel for specific cases.