Adultery Lawsuit Against Mistresses in the Philippines: A Comprehensive Overview

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns regarding your situation, please consult a qualified attorney.

1. Introduction

Adultery and concubinage in the Philippines are criminal offenses punishable under the Revised Penal Code (RPC). When people speak of “filing a lawsuit against a mistress,” there is often confusion as to whether the legal remedy is for adultery or concubinage. This article clarifies the nature of these offenses under Philippine law—particularly focusing on whether and how a “mistress” can be held criminally (or civilly) liable.

2. Adultery vs. Concubinage

Philippine criminal law differentiates between two offenses involving extra-marital affairs:

Adultery (Article 333, Revised Penal Code)
- Committed by a married woman who engages in sexual intercourse with a man not her husband.
- Punishes both the married woman and her male partner (“paramour”).
Concubinage (Article 334, Revised Penal Code)
- Committed by a married man under any of the following circumstances:
  1. Keeping a mistress in the conjugal dwelling,
  2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife, or
  3. Cohabiting with her in any other place.
- Punishes both the married man (as the principal offender) and his female partner (often referred to as the “mistress”) as an accomplice.

Key Point: A woman who is unmarried and engages in a relationship with a married man cannot be prosecuted for adultery (Article 333) because adultery specifically punishes the married woman and her partner. Instead, her criminal liability—if the husband’s acts meet the legal requirements—would fall under concubinage (Article 334), and she would be liable as an accomplice, not as a principal.

3. Who Can File the Criminal Complaint?

Under Article 344 of the Revised Penal Code, only the offended spouse (the lawful wife or husband) can initiate the criminal prosecution for adultery or concubinage. In simpler terms:

If a wife commits adultery, the husband is the one who must file the complaint.
If a husband commits concubinage, the wife is the one who must file the complaint.

No other person—including relatives, the State Prosecutor’s Office on its own, or private individuals—may initiate these criminal actions. Hence, a criminal case for adultery or concubinage cannot proceed unless the offended spouse files or authorizes a complaint.

4. Elements of Adultery and Concubinage

4.1 Adultery (Article 333)

To successfully prosecute someone for adultery, the following elements must be proven:

The woman is married.
She has sexual intercourse with a man who is not her husband.
Both parties knew of the marriage. (The man should know that the woman is married.)

If these elements are met, both the married woman and her male partner can be held liable. The penalty for adultery is prisión correccional (ranging generally from 6 months and 1 day to 6 years).

4.2 Concubinage (Article 334)

For concubinage, the prosecution must establish:

The man is married.
He either:
- Keeps a mistress in the conjugal dwelling, or
- Has sexual intercourse under scandalous circumstances with a woman who is not his wife, or
- Cohabits with her in any other place.
Both parties knew that the man is married.

The penalty for the married man is prisión correccional in its minimum and medium periods (generally from 6 months and 1 day to 4 years and 2 months). The “mistress” (the unmarried partner) is punished as an accomplice, typically with a penalty two degrees lower than that of the principal (the married man).

5. Can a Wife Sue the Mistress for Adultery?

If the “mistress” is also married:
- In that scenario, and if the mistress has sexual intercourse with a man who is not her husband, this could constitute adultery on her part. However, for the husband’s wife to initiate charges, it must be clear that the mistress herself is a married woman. Even so, the offended spouse who has the right to file an adultery case against the mistress would actually be the mistress’s husband, not the aggrieved wife of the male partner.
If the “mistress” is single:
- A single woman who engages in a relationship with a married man does not commit “adultery” under Article 333. The offense that may apply is concubinage under Article 334—but in that crime, the principal offender is the husband, and the single woman is an accomplice. Thus, you cannot file an “adultery” case against a single mistress. Instead, the offended wife can file a concubinage complaint against her husband (and include the mistress as an accomplice), provided the circumstances required by Article 334 are fulfilled.

6. Possible Civil Actions Against a Mistress

Apart from criminal liability, some spouses ask about suing a mistress civilly for damages. The following considerations apply:

No “Alienation of Affection” Lawsuits:
- Unlike some jurisdictions that recognize “alienation of affection,” Philippine law has no direct counterpart that allows one spouse to sue a third party solely for breaking up the marital relationship.
Civil Damages Based on a Tort Theory:
- In rare instances, a wife might attempt to sue the mistress for civil damages under general provisions of the Civil Code (e.g., Articles 19, 20, 21) on “abuse of rights” or acts contrary to morals and good customs.
- These suits are not straightforward and require proof of wrongful, intentional, or malicious acts directly causing harm. Courts tend to be cautious when awarding damages in such cases, as the presumption of free will and mutual consent between adults can complicate liability.
VAWC (Violence Against Women and Children) Cases:
- Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) provides remedies if the wife or children suffer psychological or emotional abuse. While it is primarily aimed at punishing the husband/partner, in some scenarios, the mistress’s actions might be relevant evidence. However, it is usually the husband (or partner) who faces liability, not the mistress alone.

7. How the Criminal Complaint Proceeds

If a wife believes she has grounds to file a criminal complaint:

Verify Jurisdiction:
- Complaints are filed with the Office of the City or Provincial Prosecutor in the location where the crime was committed (or the offended spouse resides, depending on procedural rules).
Sworn Statement:
- The offended spouse must submit a sworn complaint-affidavit detailing the acts constituting concubinage (or adultery).
Prosecutorial Investigation:
- The Prosecutor’s Office conducts a preliminary investigation to determine whether probable cause exists.
Court Proceedings:
- If the case moves forward, it will be filed in court. The burden of proof is on the prosecution to prove each element of the crime beyond reasonable doubt.
Requirement of Joint Accusation:
- In adultery and concubinage, the offended spouse must include both parties (the husband and the mistress, or the wife and her paramour) in the complaint. Failing to include one without a valid justification can lead to dismissal under the principle that the complaint must be directed against all culpable parties.

8. Prescriptive Periods

Criminal actions for adultery or concubinage must be filed within a certain time limit known as the prescriptive period:

Adultery: Prescribes in five (5) years from the date the offense was discovered by the offended spouse.
Concubinage: Prescribes in five (5) years as well, computed similarly.

If the offended spouse does not file the complaint within five years of discovering the infidelity, the right to prosecute may be lost.

9. Penalties

Adultery: Prisión correccional in its medium and maximum periods (which can range from 2 years, 4 months and 1 day up to 6 years).
Concubinage:
- The married man (principal) faces prisión correccional in its minimum and medium periods (about 6 months and 1 day to 4 years and 2 months).
- The “mistress” (accomplice) typically receives a penalty two degrees lower than the principal penalty.

10. Practical and Social Considerations

Difficulty of Proof: The spouse filing the complaint must present convincing evidence of actual sexual relations (in adultery) or the specific circumstances under Article 334 (in concubinage). Such proof often comes from testimonies, photographs, or other direct/indirect evidence, and it can be intrusive to gather.
Social Implications: Criminal cases of adultery or concubinage often garner public attention, potentially causing embarrassment or strain within families.
Reconciliation & Withdrawal: If the spouses reconcile, the offended party can terminate the criminal action under certain conditions. Once a complaint is withdrawn (especially prior to arraignment), it often cannot be refiled.

11. Conclusion

In Philippine law, an “adultery lawsuit against a mistress” is often misunderstood because “adultery” specifically refers to a married woman’s infidelity (Article 333). When a married man engages in extra-marital relations, the offense—if it meets statutory requirements—is “concubinage,” and his female partner (the “mistress”) is an accomplice rather than the main offender.

Those seeking to hold a mistress liable should carefully check the facts:

If she is unmarried: The possible crime is concubinage against the husband, and the mistress can only be charged as an accomplice.
If she is married: Adultery may be committed by the mistress, but only her own husband can file the adultery charge, not the aggrieved wife of the paramour.

Because of these nuances, spouses who feel wronged should consult a competent Philippine lawyer to determine the best course of action—whether criminal, civil, or both—and to assess the likelihood of successfully prosecuting the case under existing laws.

References

Revised Penal Code of the Philippines, Articles 333, 334, 344.
Relevant Supreme Court rulings interpreting the elements of adultery and concubinage.
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) for related remedies.

This legal overview is meant to inform readers of the general state of Philippine law on adultery and concubinage. For specific legal advice, please consult with a licensed Philippine attorney.