In the Philippine legal system, adultery is a specific crime against chastity governed by Article 333 of the Revised Penal Code (RPC). Unlike the civil concept of "legal separation" or "psychological incapacity," adultery in the RPC is a criminal offense that carries the penalty of imprisonment. It is characterized by a gender-specific definition that distinguishes it from its counterpart, concubinage.
Definition of Adultery
Under the law, adultery is committed by any married woman who has sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.
Unlike concubinage (which applies to married men), adultery is a "crime of result" where a single act of sexual intercourse is sufficient to constitute the consummated crime.
Essential Elements
For a successful prosecution of adultery, the following elements must be established beyond reasonable doubt:
- The woman is married: At the time of the sexual act, the woman must be legally married to another man.
- Sexual intercourse: The woman must have had carnal knowledge (sexual intercourse) with a man other than her husband.
- The man's knowledge: With respect to the paramour (the other man), he must have known that the woman was married at the time of the act.
Note on Void Marriages: Even if the marriage is later declared void (e.g., under Article 36 of the Family Code for psychological incapacity), the act of sexual intercourse committed before the declaration of nullity still constitutes adultery.
Who Can File the Complaint?
Adultery is a private crime. Under Article 344 of the RPC, it cannot be prosecuted except upon a complaint filed by the offended spouse (the husband).
- Both Parties: The husband must institute the complaint against both the guilty spouse and the paramour, if both are alive.
- Pardon and Consent: The husband cannot file the case if he has consented to the adultery or pardoned the offenders (either expressly or impliedly).
- Death of a Party: If the wife or the paramour dies before the case is filed or during the trial, the criminal liability of the deceased is extinguished, but the case may proceed against the surviving party.
Penalties and Legal Consequences
The penalty for adultery is prision correccional in its medium and maximum periods (ranging from 2 years, 4 months, and 1 day to 6 years).
- Effect on the Paramour: The man involved suffers the same penalty as the woman. If he was unaware that the woman was married, he may be acquitted, but the woman remains liable.
- Abandonment Defense: It is a settled rule that the abandonment of the wife by the husband is not a valid defense in a prosecution for adultery. However, it may be considered a mitigating circumstance in some contexts regarding the imposition of the penalty.
Special Provisions: Death or Physical Injuries under Exceptional Circumstances
Under Article 247 of the RPC, a legally married person who, having surprised their spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro (banishment).
This is not a "license to kill" but a recognition by the law of the intense emotional outburst and loss of self-control inherent in such a situation. The penalty is significantly lower than that for homicide or murder.
Comparison: Adultery vs. Concubinage
| Feature | Adultery (Article 333) | Concubinage (Article 334) |
|---|---|---|
| Who commits it | The wife and her paramour. | The husband and his mistress. |
| Requirement | A single act of sexual intercourse. | Keeping a mistress in the conjugal dwelling, sexual intercourse under scandalous circumstances, or cohabiting in any other place. |
| Penalty | Higher (Prision correccional). | Lower (Prision correccional in its minimum/medium for the husband; destierro for the mistress). |
| Knowledge | Paramour must know she is married. | Mistress's knowledge is generally implied by the nature of the arrangement. |
Evidentiary Standards
Because sexual acts are typically done in private, direct evidence (eyewitness accounts) is not always required. The courts allow for circumstantial evidence, provided the circumstances are numerous and consistent enough to lead to a moral certainty of the defendants' guilt. Common evidence includes photographs, admissions, or testimonies regarding the parties staying in the same hotel room or living together as husband and wife.