Overview

In the Philippines, adultery and concubinage are criminal offenses under the Revised Penal Code (RPC). They are treated as private crimes—meaning the State generally cannot prosecute them unless the offended spouse files a proper complaint. Because the law makes the offended spouse’s choice central to prosecution, reconciliation (or anything that looks like forgiveness/acceptance) can significantly affect whether a case may be filed—and sometimes whether it can realistically succeed.

This article explains how reconciliation interacts with the rules on who may file, when filing is barred, and what happens after a case is already filed.

This is general legal information in Philippine context and not a substitute for advice from a lawyer who can review your facts and evidence.

1) The Crimes in Brief

Adultery (RPC Art. 333)

Committed by:

A married woman who has sexual intercourse with a man not her husband, and
The man who has sexual intercourse with her knowing she is married.

Key point: Adultery centers on sexual intercourse by the married woman with another man.

Concubinage (RPC Art. 334)

Committed by:

A married man who does any of the following:
1. Keeps a mistress in the conjugal dwelling, or
2. Has sexual intercourse under scandalous circumstances with a woman not his wife, or
3. Cohabits with such woman in another place;
And the woman who participates knowing the man is married (with liability depending on the manner of the act).

Key point: Concubinage is not automatically proven by an affair; it requires proof of one of the specific situations above.

2) Why Reconciliation Matters: These Are “Private Crimes”

Under the RPC, prosecution for adultery and concubinage generally:

Cannot start without a complaint filed by the offended spouse, and
Cannot be instituted if the offended spouse has consented or pardoned the offenders.

This is the heart of the reconciliation issue: reconciliation may be treated as consent or pardon depending on what happened, when, and with what knowledge.

3) The Most Important Rule: Consent or Pardon Bars Filing

A. If there is consent, you generally cannot file

Consent means the offended spouse agreed to or allowed the relationship or the conduct.

Examples that may be argued as consent (fact-specific):

Prior agreement allowing extramarital relationships,
Express permission to live with or be with another partner,
Clear conduct showing approval before or during the affair.

B. If there is pardon, you generally cannot file

Pardon (sometimes discussed alongside “forgiveness” or “condonation”) means the offended spouse forgave the offending spouse (and, legally, this typically benefits both accused).

Critical concept: For pardon to matter, it is usually tied to knowledge—forgiveness after you know about the offense is different from merely staying married while unaware.

4) What Counts as “Reconciliation” in Legal Terms?

“Reconciliation” is not a single legal label. In practice, it may be used as evidence of:

Express pardon (clear, direct forgiveness), or
Implied pardon (forgiveness inferred from actions), or
Consent (approval/permission), or
A pragmatic settlement that may not legally bar filing but can affect evidence and prosecution dynamics.

A. Express pardon

This can be shown by:

Written forgiveness statements,
Settlement documents clearly forgiving the act,
Messages explicitly forgiving and accepting the infidelity.

B. Implied pardon

Often argued from conduct, such as:

Resuming marital cohabitation and presenting as reconciled after learning of the affair,
Returning to normal marital relations after discovery,
Publicly acknowledging forgiveness.

Important: Not every attempt to “fix the marriage” automatically equals legal pardon. Context and timing matter.

5) Timing: Reconciliation Before vs. After Filing

Scenario 1: Reconciliation happens before filing a criminal complaint

This is where reconciliation most strongly affects filing.

If reconciliation reasonably shows pardon or consent, it can bar the institution of the criminal case. Practically, this can mean:

The prosecutor may refuse to proceed,
The accused may move to dismiss based on the legal bar.

Common pattern:

You discover the affair → you forgive/restore the relationship → later you try to file. This can become vulnerable to a defense that the offended spouse pardoned the offenders.

Scenario 2: Reconciliation happens after filing

Once the proper complaint is filed and the criminal process has begun, the case is generally treated as involving public prosecution (even though it began as a private crime).

What reconciliation can still do after filing:

Lead to an affidavit of desistance (the complainant says they no longer want the case),
Make the complainant less cooperative (weakening proof),
Encourage the prosecutor to reassess the evidence.

But what reconciliation usually cannot automatically do after filing:

It usually does not automatically erase criminal liability by itself.
Courts and prosecutors often treat desistance as not controlling if there is sufficient evidence to proceed.

Practical reality: In these cases, complainant participation is often essential for proof. So reconciliation after filing may not be a legal “magic eraser,” but it can heavily affect the case’s strength.

6) Reconciliation with the Spouse vs. Reconciliation with Both Accused

Adultery and concubinage involve two accused parties (the spouse and the third party).

As a rule in private crimes:

The complaint generally must be directed against both guilty parties if both are alive.
Pardon of one is commonly treated as benefitting the other (because the bar is aimed at the institution of prosecution itself and the offense involves both participants).

So if reconciliation implies forgiveness of the offending spouse, it can also be used to argue that the offended spouse effectively pardoned the affair itself, potentially shielding the third party too.

7) Does “Trying Again for the Kids” Automatically Mean Pardon?

Not automatically.

A spouse may attempt reconciliation for many reasons—children, finances, safety, social pressure—without truly forgiving the offense. Whether reconciliation becomes a legal bar depends on indicators such as:

Knowledge: Did you reconcile after you knew the essential facts?
Clarity: Was forgiveness expressed clearly, or only an attempt to stabilize the home?
Conduct: Was there full resumption of marital life suggesting acceptance?
Consistency: Did the offended spouse later act as if the offense was forgiven (e.g., representations to family/community, written messages, agreements)?

Bottom line: Reconciliation is evidence that can support a defense of pardon/consent, but it is evaluated case-by-case.

8) Reconciliation in Criminal Cases vs. Reconciliation in Family Cases

People often mix up rules for:

Criminal prosecution (adultery/concubinage), and
Family law remedies (legal separation, annulment/nullity, support, custody).

In family law (e.g., legal separation), condonation and consent can also be bars, and reconciliation has specific effects on proceedings. But those rules do not perfectly mirror criminal procedure.

Still, there’s a practical overlap:

If you signed documents, made admissions, or entered settlements in a family dispute that show forgiveness/acceptance, those may later be used to argue pardon/consent in a criminal case.

9) Barangay Settlement and Mediation: Usually Not a Requirement Here

Because adultery and concubinage carry penalties beyond the typical coverage of barangay conciliation, they are generally not the kind of disputes that must go through the Katarungang Pambarangay process before filing in court. Also, their nature (private crimes with specific statutory rules) makes them unlike ordinary neighborhood disputes.

10) Evidence and Strategy: How Reconciliation Affects the Case Even When It Doesn’t Legally Bar Filing

Even if reconciliation does not definitively bar filing, it can still:

Undermine credibility (e.g., “If it really happened, why forgive and return?”),
Create inconsistent statements or messages,
Reduce willingness to testify,
Complicate proof of key elements (especially because these cases are evidence-heavy and often depend on testimony and corroboration).

For concubinage in particular, proving the specific modes (conjugal dwelling, scandalous circumstances, cohabitation) is often challenging; reconciliation can further weaken the narrative of scandal/cohabitation.

11) Practical Guide: When Reconciliation Is Most Likely to Block Filing

Reconciliation is most likely to block filing when all of these are present:

The offended spouse had full knowledge of the affair/offense, and
There is clear forgiveness (express or strongly implied), and
The parties resumed marital life in a way suggesting acceptance, and
The reconciliation occurred before the criminal complaint was filed.

If those factors are weaker or missing, reconciliation may not be a complete bar—but it can still affect the case’s viability.

12) Frequently Asked Questions

“If I forgave my spouse once, can I still file if it happens again?”

A past pardon may bar prosecution for the prior offense, but it does not necessarily immunize new offenses. Each act is evaluated on its own facts and timing.

“What if I reconciled because of threats or pressure?”

Coerced “reconciliation” can be argued as not a true pardon/consent. Documentation and credible context matter greatly.

“If I sign an affidavit of desistance, will the case be dismissed?”

Not automatically. Desistance can influence prosecutors and courts, but it is not always controlling if evidence supports prosecution.

“Can I file only against the third party?”

As a rule, the complaint should include both participants if both are alive; excluding one can be a major procedural defect.

Key Takeaways

Yes, reconciliation can affect filing adultery or concubinage cases—mainly because consent or pardon bars the institution of prosecution in these private crimes.
The legal impact depends heavily on timing (before vs. after filing) and whether reconciliation amounts to express or implied pardon/consent after knowledge of the offense.
Even when reconciliation does not legally bar a case, it can still weaken evidence and prosecution in practice.

If you want, I can also provide:

A sample outline of what a complaint affidavit typically needs to allege (without drafting personal facts), and/or
A side-by-side comparison chart: adultery vs. concubinage elements, proofs, and common defenses.