Filing an Adultery Case in the Philippines: Everything You Need to Know (Updated to July 17 2025)
1. Legal Definition and Governing Law
- Article 333, Revised Penal Code (RPC). A married woman who engages in sexual intercourse with a man not her husband, and the man who knows she is married, each commit the crime of adultery.
- Penalty. Prisión correccional in its medium and maximum periods (2 years, 4 months & 1 day – 6 years). The penalty carries the accessory penalties of temporary absolute disqualification and perpetual special disqualification from the right of suffrage while under sentence (Arts. 43–44 RPC). No fine is prescribed.
- Each act of intercourse is a separate felony; multiple counts may be charged if different dates are proven (People v. Zapanta, G.R. L-19568, 1965).
2. Essential Elements
| Element | For the Wife | For the Paramour |
|---|---|---|
| 1. Status | Legally married to someone else when the act occurred. | Must be a male (married or single). |
| 2. Act | Voluntary sexual intercourse with a man not her husband. | Voluntary sexual intercourse with the married woman. |
| 3. Knowledge / Intent | — | Must know the woman was married at the time (People v. Gitgano, G.R. L-35030, 1930). |
| 4. Complaint | Case filed exclusively by the offended spouse (Art. 344 RPC). | Same complaint must include both offenders if living. |
No adultery action may proceed without compliance with Article 344 rules (see § 4 below).
3. Persons Authorized to File, and Preconditions (Art. 344 RPC)
- Only the offended spouse (husband) may file the complaint.
- Six-month discovery period: the complaint must be filed within six (6) months from the date the husband actually discovered the adulterous act (People v. Castañeda, G.R. 69631, 1988).
- Both the wife and her paramour must be included in the complaint if they are both alive; omitting either is fatal (People v. Martinez, G.R. L-6810, 1954).
- Pardon or consent—express or implied—before or after the act bars prosecution. Pardon must come before the filing of the complaint; it cannot be withdrawn later.
4. Prescription and Continuing Character
- Short prescriptive period for discovery (6 months) protects family privacy but encourages prompt action.
- Five-year prescriptive period (Art. 90 RPC) still applies to each specific act of adultery counted from its date of commission if it was not discovered right away.
- Because each intercourse is distinct, discovery resets only for the specific count discovered.
5. Venue and Jurisdiction
| Issue | Rule |
|---|---|
| Trial court | Municipal/Metropolitan/Metropolitan Trial Court (MTC/MeTC) because the maximum penalty ≤ 6 years (Sec. 32(1), B.P. 129 as amended by R.A. 7691). |
| Place of filing | Where any element occurred—typically the city/municipality where the sexual act was committed. |
| Prosecutorial stage | Office of the City/Provincial Prosecutor having territorial jurisdiction. |
6. Step-by-Step Procedure
| Stage | What Happens | Practical Tips |
|---|---|---|
| A. Evidence-gathering | Offended spouse secures documents, messages, photographs, hotel records, eyewitness accounts, etc. Direct evidence is rare; circumstantial evidence can suffice if it shows: (1) intimacy, (2) opportunity, (3) inclination (People v. Talaverano, CA-G.R. 10815-R, 1954). | Preserve originals; make certified copies. |
| B. Complaint-Affidavit | Affidavit must narrate: marriage, discovery date, specific acts (with dates/places if known), identity of paramour, absence of pardon/consent, and a prayer for prosecution of both. | Attach marriage certificate & copies of evidence. |
| C. Filing & Docket Fees | File with the prosecutor’s office. A minimal filing fee (≈ ₱500–₱1,000) is paid. | Bring government-issued ID and proof of marriage. |
| D. Prosecutor’s Evaluation | For penalties > 4 years 2 months, the case requires preliminary investigation (Rule 112 § 1(b) Rules of Criminal Procedure). The prosecutor issues subpoena to respondents. | Non-appearance may waive right to submit counter-affidavit. |
| E. Resolution & Information | If probable cause exists, the prosecutor files an Information in the MTC/MeTC; otherwise the complaint is dismissed. | |
| F. Bond & Arrest | Court issues warrant. Adultery is bailable as a matter of right; bail often set between ₱12,000–₱60,000 per count. | |
| G. Arraignment & Trial | Trial follows the Revised Rules on Summary Procedure do not apply (penalty exceeds 6 months). Regular criminal procedure observed: arraignment, pre-trial, presentation of evidence (prosecution then defense), memoranda, decision. | |
| H. Judgment | Conviction requires proof beyond reasonable doubt of each element. | |
| I. Post-Judgment Remedies | Appeal to the Regional Trial Court, then Court of Appeals, then Supreme Court. Probation is available (penalty within 6 years) unless the court imposes > 6 years due to complexing or aggravating circumstances. |
7. Evidence Considerations
- Direct evidence (eyewitness testimony, confessions, sex videos) is uncommon.
- Circumstantial evidence must create an unbroken chain leading to a logical conclusion of sexual intercourse—mere suspicious behavior or illicit affection is not enough (People v. Trias, G.R. L-53819, 1988).
- Hotel logbooks, CCTV, text messages, emails, social-media chats have been admitted when properly authenticated.
- DNA tests (R.A. 9048) proving non-paternity of a child may corroborate but cannot alone establish adultery (People v. Arcilla, CA-G.R. CR-HC 09913, 2022).
8. Defenses and Bars to Prosecution
| Defense | How It Works |
|---|---|
| Consent | Prior knowledge and acquiescence of the husband (e.g., tolerating or encouraging the relationship). |
| Express or Implied Pardon | Letter, text, cohabitation after discovery, or filing of an action for legal separation but later reconciliation may signal pardon. |
| Lack of knowledge (paramour) | He did not know she was married and had no reason to know. |
| Invalid marriage | If wife proves the marriage is void (e.g., bigamous, lack of license). However, SC has ruled that a marriage void ab initio still bars adultery only if declared void by final judgment before the acts occurred. |
| Death of either offender | Extinguishes criminal liability. |
| Prescription | Complaint filed beyond six months from discovery, or specific act beyond 5-year prescriptive period. |
9. Civil and Collateral Aspects
Civil Action for Damages. Under Art. 33 Civil Code, the offended spouse may bring an independent civil suit for moral and exemplary damages against both offenders.
Separation of Property / Annulment / Nullity. While criminal adultery can be filed on its own, most spouses parallel it with:
- Legal separation (Art. 55(8) Family Code).
- Declaration of nullity or annulment in some cases (e.g., psychological incapacity, bigamous marriage).
Child Custody & Support. The commission of adultery may affect custody awards if it prejudices the child’s well-being.
Conjugal Partnership. Guilty spouse may lose share in net gains of conjugal partnership if legal separation is decreed (Art. 63(2) Family Code).
10. Interaction With Other Laws
| Law | Relevance |
|---|---|
| R.A. 9262 (Anti-VAWC) | Some wives counter-file VAWC psychological violence against husbands who allegedly coerce or abuse them through adultery accusations. |
| Cybercrime Act (R.A. 10175) | Illicit sexual content or e-evidence obtained via hacking may itself be criminal. |
| Anti-Wiretapping Act (R.A. 4200) | Secretly recorded calls/chats without court order are inadmissible and penalized. |
| Data Privacy Act (R.A. 10173) | Unlawful processing of personal data (e.g., sharing explicit videos) can add liability. |
11. Selected Jurisprudence to Know
| Case | Key Doctrine |
|---|---|
| People v. Zapata (G.R. L-19568, 1965) | Each act of intercourse is a separate offense; conviction possible on circumstantial proof. |
| People v. Talaverano (CA 1954) | Cohabitation, public displays of affection, and birth of a child within gestation period are strong circumstantial evidence. |
| People v. Castañeda (G.R. 69631, 1988) | Six-month discovery period strictly applied; failure to file on time bars suit. |
| People v. Martinez (G.R. L-6810, 1954) | Complaint void if paramour omitted. |
| People v. Cuenca (G.R. L-12836, 1961) | Pardon after filing does not extinguish criminal liability. |
| Samson v. Samson (A.C. 10565, 2013) | Adulterous conduct can be grounds for administrative liability (e.g., against public officers/lawyers). |
12. Reform and Policy Notes
- Gender Bias Criticism. Adultery penalizes wives more harshly than concubinage (Art. 334 RPC) for husbands—concubinage requires proof of scandalous cohabitation or sexual intercourse under aggravating circumstances and carries a lighter penalty (prisión correccional in its minimum period).
- Decriminalization Bills. Several House and Senate bills (e.g., S.B. 1947, H.B. 4888 – 2023) seek to repeal adultery & concubinage, aligning with equality principles, but none has passed as of July 2025.
- Divorce Bill. The 19th Congress approved a divorce bill on third reading (May 22 2024) but it remains pending at bicameral conference; if enacted, divorce may reduce recourse to criminal prosecution for marital infidelity.
13. Practical Checklist for Offended Spouses
- Confirm discovery date and diary it—your six-month clock runs from there.
- Gather corroborative evidence discreetly; avoid illegal recordings.
- Consult a lawyer to draft an airtight complaint-affidavit.
- Include both parties in the complaint and explicitly state no pardon or consent.
- File early; judges often view stale accusations with skepticism.
- Prepare emotionally—criminal prosecution is public and may attract media.
- Consider parallel civil/family actions (legal separation, damages) for holistic relief.
14. Conclusion
Filing an adultery case in the Philippines is procedurally strict and time-sensitive, rooted in Articles 333 and 344 of the Revised Penal Code. Only the offended spouse may initiate it, within six months of discovery, naming both the spouse and paramour. Evidence can be circumstantial, but each sexual act entails a separate charge requiring proof beyond reasonable doubt. Conviction results in up to six years’ imprisonment and accessory penalties, but civil and family-law repercussions often weigh heavier than jail time. Given the social stigma, potential marital dissolution, and emerging reform movements, prosecution should be a carefully considered last resort after seeking legal counsel and exploring alternative remedies.
(This article is for informational purposes and is not a substitute for individualized legal advice. Consult a Philippine lawyer for guidance on specific facts.)