Barangay Complaint for Adultery or Concubinage in the Philippines A comprehensive guide to procedures, limits, and strategic considerations under Philippine law

1. Key concepts at a glance

Point	Adultery	Concubinage
Penal provision	Art. 333, Revised Penal Code (RPC)	Art. 334, RPC
Who may file	Only the offended wife	Only the offended husband
Persons to be charged	Both erring spouses must be included: the wife and her paramour	Both erring spouses must be included: the husband and his concubine
Penalty	Prisión correccional – 2 yrs 4 mos 1 day – 6 yrs	Husband: prisión correccional in minimum & medium periods (6 mos 1 day – 4 yrs 2 mos); Concubine: destierro
Prescription	5 years from date of last act	5 years from date of last act
Consent or pardon	Express or implied prior consent, or express pardon after the act, bars prosecution	Same rule

2. The Katarungang Pambarangay (KP) system and its jurisdictional limits

The KP Law (Chapter 7, Title I, Book III of the Local Government Code of 1991, R.A. 7160) makes prior barangay conciliation a condition precedent for many civil and minor criminal actions between residents of the same city or municipality.

Criminal ceiling. Only offenses punishable by ≤ 1 year imprisonment or ≤ ₱5,000 fine are covered (sec. 408).
Express exclusions (sec. 408 & DILG–DOJ J.C. No. 01-2008):
1. Where one party is the government or a public officer acting in official capacity.
2. Where the respondent resides outside the city/municipality of the complainant.
3. Where the case involves real property located in different cities/municipalities.
4. Offenses punishable by > 1 year or > ₱5,000.
5. Violence against women & children (R.A. 9262) or any case where urgent legal protection is needed.
6. Private crimes which by law can be filed only by an offended party and require including both offenders if the penalty exceeds the one-year/₱5,000 cap.

Bottom line: Because adultery and concubinage each carry penalties well above one year, they fall outside mandatory barangay jurisdiction. A complainant may still voluntarily seek barangay mediation, but he or she can proceed straight to the prosecutor without a Barangay Certificate to File Action (CTFA).

3. Procedural pathways available to the offended spouse

3.1 Direct criminal prosecution (usual route)

Draft a verified complaint-affidavit with supporting evidence (marriage certificate, photos, text messages, hotel receipts, witness statements, private investigator’s report, etc.).
File with the Office of the City/Provincial Prosecutor where the offense occurred or where any element transpired. No CTFA is required.
Pre-investigation / clarificatory hearing. Both respondents are subpoenaed. Probable cause finding follows.
Information filed in the appropriate trial court. Under R.A. 7691, adultery/concubinage are tried by the Metropolitan/Municipal Trial Court because the maximum penalty does not exceed six years.
Arraignment, trial, judgment.

3.2 Voluntary barangay mediation (optional)

A complaint may still be lodged with the Punong Barangay for conciliation purposes only.
Mediation → Conciliation by the Lupon Tagapamayapa (if mediation fails) → Execution of an amicable settlement (if successful) or issuance of a CTFA (if parties insist on elevating the matter).
Caveat: Any amicable settlement must be in writing, signed, and notarised to have the force of a final judgment (Art. 234, LGC). Because adultery/concubinage implicate personal dignity and public policy, settlements usually take the form of forgiveness/withdrawal rather than monetary restitution.

3.3 Civil remedies for damages

Article 26, Civil Code (injury to marital dignity) combined with Art. 33 (independent civil action for defamation, fraud, physical injuries) allows the offended spouse to sue the paramour/concubine for moral and exemplary damages in the regular courts—again without barangay conciliation because the claim is intimately tied to adultery/concubinage (a crime excluded from KP jurisdiction).

3.4 Family Code options

Legal separation (Art. 55 (8))—filed within 5 years of discovery; bars cohabitation during the case; preserves property regime unless adjudicated.
Nullity/annulment do not cite adultery per se but the same facts may substantiate psychological incapacity (Art. 36) or other grounds.
Violence Against Women & Children (R.A. 9262). Extramarital affairs often inflict psychological violence; the wife or her child can secure a Barangay Protection Order (BPO) directly from the Punong Barangay—distinct from a KP conciliation—and/or file criminal charges in court.

4. Elements and defences in court

Adultery	Concubinage
1. Woman is married. 2. She had sexual intercourse with a man not her husband. 3. The act occurred during the marriage.	1. Man is married. 2. He commits (a) keeping a mistress in the conjugal dwelling, or (b) cohabiting with her in another place, or (c) having sexual relations under scandalous circumstances.
Consent or pardon (express or implied) is a complete defence.	Same.
Proof of actual sexual intercourse needed (may be circumstantial).	Only one of the three acts need be shown; sexual intercourse itself need not be proved if cohabitation/scandal proven.
Both respondents must be included; omission of either spouse or paramour bars the action.	Same.

5. Evidence tips for the offended spouse

Document the marriage: PSA-issued marriage certificate.
Secure corroboration: Witness affidavits (household help, neighbours, hotel staff).
Gather digital trails: Text-message screenshots, emails, social-media posts (use hash prints or NBI-Cybercrime certification for authenticity).
Surveillance photos/videos are admissible if the surveillant testifies to chain of custody; avoid invasion of privacy (no wire-tapping).
Financial records: Joint funds spent on the affair (credit-card statements).

6. Sample voluntary Barangay Complaint (simplified form)

Republic of the Philippines
Province of __________
City/Municipality of __________
Barangay __________

COMPLAINT

Complainant:  JUAN DELA CRUZ, Filipino, of legal age, married, and residing at Brgy. San Isidro, ______ City.

Respondents:  1) MARIA SANTOS-DELA CRUZ, Filipino, of legal age, married to the Complainant, and residing at the same address;  
              2) PEDRO REYES, Filipino, of legal age, single, and residing at Brgy. San Isidro, ______ City.

Cause of Action:  ADULTERY (Art. 333, RPC)

Statement of Facts:  On or about 3 April 2025, at Hotel Mabini, ______ City, respondents were caught by private investigators in an embrace inside Room 302... [narrate details].

Reliefs Sought:  (a) That the respondents immediately cease their illicit relationship; (b) That they execute a written undertaking to respect the sanctity of marriage; (c) For such other reliefs as are just and equitable.

I am executing this Complaint to seek barangay mediation in the hope of amicable settlement, without prejudice to my right to prosecute.

(Sgd.) JUAN DELA CRUZ
Complainant

Note: Filing this voluntarily does not suspend running of the prescriptive period.

7. Frequently-asked questions

Question	Answer
Do I really need the Certificate to File Action?	No. Because the offenses are outside mandatory KP coverage, prosecutors and courts cannot dismiss your case for lack of CTFA.
Can the parties settle by paying damages?	They may—but the crime is public once filed. The prosecutor can proceed even if the complainant desists, unless there was valid pardon before the filing of the information.
What if the mistress lives in another city?	The barangay cannot take cognizance because residents are from different cities; you must file directly with the prosecutor.
How long does the barangay process take if we try it?	Mediation: 15 days; conciliation: another 15 days (sec. 410, LGC). If no settlement, CTFA issues on day 31.
Will adultery ground an annulment?	No. It may support legal separation or psychological incapacity, but by itself does not annul a valid marriage.

8. Practical pointers for complainants and barangay officials

Punong Barangay: Clarify at the outset that the KP process is optional here; record the parties’ choice in the minutes.
Complainant: Preserve evidence before confronting the spouse; premature confrontation often leads to data deletion.
Respondent spouse: Honest settlement efforts (e.g., counselling, separation of property) can mitigate—though not erase—criminal liability.
Both parties: Consider professional counselling or mediation with the Local Social Welfare and Development Office alongside any legal steps.

9. Conclusion

While adultery and concubinage are private crimes, they carry public legal consequences. The barangay can still provide a fast, community-based venue for reconciliation if the parties voluntarily choose it, but Philippine law does not require barangay conciliation before criminal prosecution because the penalties exceed the KP threshold. An offended spouse may therefore proceed directly to the prosecutor—and may simultaneously pursue civil damages, legal-separation, or VAWC remedies—without fear of procedural dismissal for bypassing the barangay.

This article is for informational purposes only and does not constitute legal advice. Consult a qualified Philippine lawyer for guidance tailored to your specific facts.