1. Overview

In Philippine criminal law, adultery is a crime against chastity punished under the Revised Penal Code (RPC). It penalizes a married woman who has sexual intercourse with a man not her husband, and the male partner who knowingly participates. Because adultery is a private offense, it is governed not only by general criminal principles but also by special rules reflecting the State’s policy to protect marriage and family while recognizing the intimate nature of the wrong.

One distinctive feature of private offenses is the availability of condonation as a bar to prosecution. Condonation is commonly invoked in adultery and concubinage cases, and when proven, it can defeat criminal liability even if the act of adultery is otherwise established.

This article discusses the concept, basis, requisites, operation, limits, and practical implications of condonation as a defense in adultery prosecutions in the Philippines.

2. Adultery Under the Revised Penal Code (Context)

2.1 Definition and Elements

Adultery is committed by:

A married woman who has sexual intercourse with a man not her husband; and
A man who has sexual intercourse with her, knowing her to be married.

2.2 Nature as a Private Crime

Adultery is not prosecuted like ordinary crimes. It is considered a private crime, meaning:

The State does not initiate prosecution on its own.
Prosecution requires a complaint filed by the offended spouse (the husband).
The offended spouse’s conduct before and after the offense can legally affect whether the case can proceed.

This private nature is why condonation is legally relevant: the law ties prosecution to the will, behavior, and integrity of the offended spouse.

3. What Is Condonation?

3.1 Meaning

Condonation is the forgiveness by the offended spouse of the marital infidelity with full knowledge of the offense, shown either expressly or implicitly, such that the offended spouse is deemed to have waived the right to prosecute.

In adultery cases, condonation is based on the idea that the crime’s prosecution is a personal right of the offended spouse. If that spouse forgives the act, the law treats the offense as no longer prosecutable.

3.2 Condonation vs. Pardon

In practice, condonation functions like pardon but is more specific:

Pardon/condonation in adultery is a legal bar to criminal prosecution.
It is not merely a moral forgiveness; it has procedural and substantive effects in court.

4. Statutory Basis

The RPC provides special rules for adultery and concubinage, including:

Who may file the complaint
Against whom it must be filed
The effect of consent, pardon, or condonation

Two key legal ideas appear in the Code and jurisprudence:

Consent of the offended spouse prior to the act is a bar to prosecution.
Pardon/condonation after the act is also a bar, provided conditions are met.

5. Forms of Condonation

5.1 Express Condonation

This is forgiveness clearly stated, such as:

Written forgiveness
Verbal admission in court or in documented communications
Statements that the offended spouse has forgiven and no longer wishes to prosecute

5.2 Implied Condonation

This arises from conduct showing forgiveness, even without direct words. Common examples:

Cohabitation or resumption of marital relations after knowledge of adultery
Living together as husband and wife again
Acts of reconciliation clearly inconsistent with an intent to punish

Implied condonation is a fact question evaluated by courts case-by-case.

6. Requisites for Valid Condonation

For condonation to be a valid defense, it generally requires:

6.1 Knowledge of the Offense

The offended spouse must have full and actual knowledge of the adultery when forgiveness is given.

Forgiveness based on suspicion, rumor, or incomplete information is not enough.
The spouse must understand the essential facts: that intercourse occurred, with whom, and that it was adulterous.

6.2 Forgiveness Given After the Offense

Condonation is post-offense forgiveness.

If the spouse tolerated or allowed the relationship before adultery occurred, that is treated under consent, not condonation.
Either one can bar prosecution, but courts distinguish them by timing.

6.3 Voluntariness

Forgiveness must be voluntary, not coerced or forced.

A spouse who “forgives” under pressure may argue invalid condonation.
Courts look for free intent.

6.4 Clear Intent to Forgive (Especially for Implied Condonation)

Implied forgiveness must be shown through conduct that unmistakably indicates reconciliation or waiver.

Mere temporary calm, silence, or delay is not automatically condonation.
But long-term cohabitation or marital intimacy after knowledge is highly probative.

7. Effect of Condonation

7.1 Bar to Filing or Continuing the Criminal Case

Once condonation is proven:

The offended spouse loses standing to complain, and
The criminal case must be dismissed.

This applies whether forgiveness happens:

Before filing, or
After filing but before final judgment, so long as it is accepted as genuine and informed.

7.2 Applies to Both Accused

Adultery is prosecuted against both the wife and her paramour, and the law requires the complaint to be filed against both. Therefore, condonation generally extends to both:

You cannot forgive only one and prosecute the other.
Forgiveness of the wife typically pardons the male co-accused as well, and vice versa, because the offense is indivisible in prosecution.

8. Condonation Distinguished from Related Concepts

8.1 Consent

Consent = approval before adultery occurs.
Example: husband knowingly allows or encourages wife’s affair.
Effect: bars prosecution because the offended spouse is not truly “offended.”

8.2 Tolerance or Acquiescence

Repeated tolerance can become implied consent or implied condonation depending on timing. Courts examine:

Was the spouse tolerating before intercourse occurred? (consent)
Or forgiving after learning intercourse happened? (condonation)

8.3 Desistance / Affidavit of Desistance

A spouse may later withdraw the complaint or state unwillingness to testify.

In private crimes, desistance may indicate pardon/condonation.
But courts still evaluate whether legal requisites exist.
Desistance alone is not always conclusive if facts show no real forgiveness.

8.4 Compromise

Unlike many civil disputes, criminal adultery cases cannot be “settled” purely by agreement unless it amounts to legal condonation. Money or settlement payments do not automatically equal forgiveness unless tied to clear pardon with knowledge.

9. Burden of Proof and How It Is Raised

9.1 Burden on the Accused

Condonation is an affirmative defense. The accused must prove it with competent evidence, such as:

Testimony of reconciliation or renewed cohabitation
Documents or messages showing forgiveness
Witnesses confirming marital resumption
Admissions by the offended spouse

9.2 As a Motion to Dismiss

If condonation is clear early on, the defense may file:

Motion to dismiss on the ground that the offended spouse is barred from prosecuting.

9.3 As Evidence at Trial

If disputed, condonation becomes a trial issue, and the court weighs credibility.

10. Typical Factual Scenarios

10.1 Strong Indicators of Implied Condonation

Offended husband learns of affair, confronts wife, later:
- resumes living with her,
- continues marital relations,
- publicly reconciles,
- treats the affair as forgiven.

Courts often treat this as waiver of prosecution.

10.2 Weak or Ambiguous Indicators

Husband delays filing for months but remains separated.
Husband speaks to wife but does not reconcile.
Husband accepts apologies but does not resume marital life.

These may not be enough without more proof.

10.3 Conditional Forgiveness

Sometimes forgiveness is offered “if you stop seeing him.”

If reconciliation truly occurs and is consistent with pardon, courts may still find condonation.
If husband later files because conditions were broken, courts analyze whether initial forgiveness was absolute or provisional.

11. Limitations and Non-Applicability

11.1 No Condonation Without Knowledge

“Forgiving” without knowing adultery happened is legally ineffective.

11.2 Forgiveness After Final Judgment

Once there is a final conviction, forgiveness cannot erase criminal liability.

Private crimes allow pardon to bar prosecution, but not to undo final judgment.

11.3 Condonation Must Be by the Offended Spouse

Only the spouse who is legally offended may condone.

Relatives cannot condone on his behalf.
If the offended spouse is deceased before complaint, prosecution generally cannot proceed.

11.4 Bad Faith or Simulation

Courts will reject:

“Forgiveness” shown to be fake or merely strategic,
Situations where cohabitation was forced or purely for appearances.

12. Policy Rationale

Condonation rests on several policy considerations:

Protection of marriage The law discourages prosecution when spouses have reconciled, to promote family stability.
Private character of the harm Adultery violates marital fidelity more than public order.
Avoidance of hypocrisy or abuse An offended spouse who forgives and resumes marriage cannot later use criminal law as leverage.

13. Relationship to Civil/Family Consequences

Condonation in criminal law does not automatically eliminate civil or family-law consequences, such as:

Grounds for legal separation (though condonation can matter there too)
Child custody disputes
Property or support claims

A spouse might be barred from prosecuting adultery criminally but still raise infidelity in appropriate civil proceedings, depending on rules of that forum.

14. Practical Notes for Litigants

For Accused Persons

Gather proof of reconciliation after disclosure.
Show that the offended spouse knew the full extent of the affair.
Highlight conduct inconsistent with punishment (cohabitation, marital intimacy, public forgiveness).

For Offended Spouses

If you intend to prosecute:

Avoid acts that look like reconciliation after knowledge.
Understand that resuming marital life often equals legal forgiveness.
File promptly and consistently with intent to prosecute.

15. Key Takeaways

Condonation is a complete defense that bars adultery prosecution when the offended spouse forgives the infidelity after knowing it occurred.
It may be express or implied, with implied condonation often shown by resumed cohabitation or marital relations.
Knowledge + forgiveness + voluntariness are crucial.
Condonation covers both accused parties because adultery is prosecuted jointly.
The defense must be proven by the accused, either to dismiss the case early or as a trial issue.
This doctrine reflects the private nature of adultery and the State’s policy favoring marital reconciliation over penal vengeance.

If you want, I can draft a shorter case-note style version, a sample motion-to-dismiss outline invoking condonation, or a quick flowchart of defenses in adultery cases.