In the landscape of Philippine family law, the sanctity of marriage is protected not only by civil and criminal statutes but also by the administrative power of the state to control its borders. When a spouse or a "mistress" (legally referred to as a concubine or a partner in an illicit relation) is a foreign national residing in or frequently visiting the Philippines, the Bureau of Immigration (BI) becomes a critical venue for seeking redress.

Under Philippine law, deportation is an administrative act of the state, distinct from criminal prosecution, used to remove an undesirable alien whose presence is deemed inimical to the public interest, order, or safety.

Legal Grounds for Deportation

The Philippine Immigration Act of 1940 (Commonwealth Act No. 613) provides the primary framework for the deportation of foreign nationals. In the context of marital disputes and infidelity, the following grounds are typically invoked:

Crimes Involving Moral Turpitude (CIMT): Section 37(a)(3) of the Act allows for the deportation of an alien convicted of a crime involving moral turpitude. Adultery (committed by a wife and her paramour) and Concubinage (committed by a husband and his mistress) are classified as crimes against chastity and are universally recognized as crimes involving moral turpitude.
Undesirability: This is a broad, discretionary ground. Even without a final criminal conviction, an alien may be considered "undesirable" if their conduct—such as flagrant adultery, bigamy, or causing the breakdown of a Filipino family—violates the public policy of the Philippines, which mandates the state to protect marriage as an "inviolable social institution."
Violation of Conditions of Stay: If a foreign spouse or mistress is in the country on a specific visa (e.g., a 13(a) non-quota immigrant visa based on marriage to a Filipino), a finding of marital infidelity or the dissolution of the "actual" marriage can lead to the cancellation of that visa, rendering their stay illegal and subject to deportation.

The Role of Criminal Conviction vs. Administrative Discretion

A common misconception is that a criminal conviction for Adultery or Concubinage under the Revised Penal Code is a prerequisite for deportation.

While a final judgment of conviction makes deportation almost certain under the CIMT clause, the Bureau of Immigration has the power to deport an alien based on "undesirability" through an independent administrative proceeding. The quantum of evidence required in deportation cases is substantial evidence (that which a reasonable mind might accept as adequate to support a conclusion), which is a lower threshold than the proof beyond reasonable doubt required in criminal courts.

Procedure for Filing a Deportation Complaint

The process typically follows these stages:

Filing of Complaint: The aggrieved Filipino spouse files a verified complaint-affidavit with the BI’s Legal Division. This must include evidence of the illicit relationship (e.g., photos, birth certificates of illegitimate children, social media posts, or admissions).
Preliminary Investigation: The BI assigns a Special Prosecutor to determine if there is a prima facie case against the foreign national.
Issuance of Charge Sheet: If merit is found, a formal Charge Sheet is issued. The BI may also issue a Mission Order for the arrest and detention of the alien if they are deemed a flight risk.
Hearing and Summary Judgment: The Board of Commissioners (BOC) hears the case. The foreign national is given the opportunity to present a defense.
Deportation Order: If the BOC finds the alien deportable, a Summary Deportation Order is issued. This order includes the placement of the alien on the Blacklist, permanently barring them from re-entry into the Philippines.

Special Considerations: The Foreign "Mistress"

If the third party is a foreign national, they are arguably more vulnerable to state action than a Filipino citizen in the same position. While a Filipino mistress can only be prosecuted in criminal court (where the process is slow and the penalty often involves destierro or light imprisonment), a foreign mistress faces the permanent loss of her right to reside in the Philippines.

The BI has previously ruled that foreign nationals who interfere with the marital harmony of Filipino citizens engage in behavior that justifies the revocation of their privilege to stay in the country.

Limitations and Defenses

Prescription: There are statutory periods within which deportation proceedings must be initiated, particularly those based on entry violations. However, "undesirability" based on ongoing illicit relations is generally viewed as a continuing ground.
Due Process: Despite being an administrative proceeding, the foreign national is entitled to basic due process, including the right to be informed of the charges and the right to counsel.
Pardon or Consent: In cases of Adultery or Concubinage, if the offended spouse has consented to the offense or pardoned the guilty parties, criminal prosecution is barred. This can be used as a strong defense in a related deportation case to negate the claim of "undesirability."

The Impact of a Blacklist

Once deported on grounds of immorality or undesirability, the foreign spouse or mistress is typically placed on the Permanent Blacklist. Unlike a temporary "Watchlist," a Blacklist entry requires a formal petition for removal to the Commissioner of Immigration, which is rarely granted without proof of extraordinary circumstances or the lapse of a significant number of years coupled with a showing of reformed character.