Filing Adultery Charges in the Philippines: Elements, Evidence, and Procedure

Philippine legal primer for laypersons and practitioners. This is general information and not a substitute for advice from your own lawyer. Laws and rules evolve; confirm anything critical with counsel before acting.

1) What is “adultery” under Philippine criminal law?

Adultery is a crime under Article 333 of the Revised Penal Code (RPC). It is committed by a married woman who has sexual intercourse with a man not her husband, and by the man who has sexual intercourse with her knowing that she is married. Each act of sexual intercourse is a separate offense (i.e., not a continuing crime).

Penalty. Adultery is punishable by prisión correccional in its medium and maximum periods (imprisonment from 2 years, 4 months and 1 day up to 6 years). Both the wife and the male partner (“paramour”) are punished equally. Prisión correccional carries statutory accessory penalties (e.g., suspension of certain rights). In practice, first-time offenders with favorable circumstances may be eligible for probation (subject to court discretion and statutory qualifications).

Jurisdiction. Because the maximum penalty does not exceed six (6) years, cases are generally filed in the Municipal/Metropolitan Trial Court (MTC/MeTC), after prosecution files the Information following preliminary investigation.

Barangay conciliation. Not required. The Katarungang Pambarangay system does not cover offenses punishable by more than 1 year of imprisonment.

2) Elements you must prove (and what they actually mean)

To convict for adultery, the prosecution must establish all of the following beyond reasonable doubt:

Marriage of the woman. A valid, subsisting marriage existed at the time of the sexual act. A marriage certificate (or certified copy) is standard proof. (Issues about nullity/voidness can be complex; get counsel if that is in play.)
Sexual intercourse. There was carnal knowledge between the married woman and a man not her husband. Kissing, hugging, suggestive chats, and mere cohabitation are not enough; the act of intercourse itself (which may be proven circumstantially) is required.
Knowledge of the man (as to his liability). The male partner knew the woman was married. Without this knowledge, the man cannot be convicted of adultery, but the wife may still be. Knowledge can be proven directly (admissions, messages) or circumstantially (e.g., he was introduced as spouse’s “boyfriend” despite her open use of her married name, he visited the conjugal home, etc.).

One act = one count. If multiple acts occurred on different dates, prosecutors often file separate counts.

3) Who can file, and against whom?

Adultery (like concubinage, seduction, abduction, acts of lasciviousness) is a “private crime.” This triggers Article 344 RPC special rules:

Only the offended spouse (the husband) may initiate the criminal case. No other person (parent, sibling, “concerned citizen”) can start it.
He must include both the wife and her alleged partner as accused if both are alive. (Courts may dismiss if one is deliberately omitted.)
Consent or pardon bars prosecution. If the husband consented to or pardoned the adulterous conduct before filing, he cannot prosecute. Pardon typically must cover both offenders and be given before the complaint is instituted.
Desistance after filing does not automatically end the criminal case (the People of the Philippines becomes the plaintiff), but without the offended spouse’s cooperation the case may fail for lack of evidence.

Representation. If the husband is abroad or unavailable, he may still initiate the case through a sworn complaint personally executed by him (e.g., before a consular officer) and filed via counsel or an authorized representative. What matters is that the complaint truly comes from the offended spouse.

4) When and where to file

Prescription (statute of limitations). Adultery (punishable by prisión correccional) generally prescribes in 10 years. Under Article 91 RPC, prescription starts from discovery of the crime by the offended spouse, the authorities, or their agents (not necessarily the date it happened). Filing a complaint interrupts prescription.

Venue. Criminal actions must be filed where the crime was committed—i.e., where the sexual intercourse occurred. If several acts happened in different places, any place where a charged act occurred is proper. (If venue cannot be tied to a specific location, expect challenges; discuss venue strategy with counsel early.)

5) Evidence: what works, what doesn’t, and common pitfalls

A. Core proof you’ll usually need

Marriage certificate of the wife and offended husband (PSA-issued or certified true copy).
Proof of sexual intercourse. Direct proof is rare; circumstantial evidence commonly suffices if it forms an unbroken chain leading to the conclusion of intercourse:
- Hotel registration & billing, CCTV at entries, key-card logs
- Photos/videos of entering/leaving private rooms together around night hours and remaining for significant periods
- Witness testimony (neighbors, hotel staff, investigators)
- Pregnancy/child with strong indicia the husband is not the father (e.g., DNA evidence showing the paramour is the biological father)
- Admissions (written messages, emails, chats, letters) by either accused
For the man’s knowledge: messages acknowledging the woman’s married status; introductions to friends as a “married woman”; cohabitation with knowledge of her spouse; prior attendance at events where her marital status was plain, etc.

B. Authenticating modern communications

Under the Rules on Electronic Evidence, texts/emails/chats may be admissible when properly authenticated (e.g., by the sender/recipient, device custody, service logs). Expect defense challenges to authenticity, integrity, and chain of custody.

C. Exclusionary traps (don’t sabotage your own case)

Anti-Wiretapping Act (RA 4200): Secretly recording private communications (phone calls, face-to-face talks) without consent of all parties is generally illegal and the recording is inadmissible (and can expose you to liability).
Anti-Photo and Video Voyeurism Act (RA 9995): Creating or sharing explicit images/videos of a person’s private parts/sexual act without consent is a crime.
Unauthorized access (e.g., hacking email/social media under the Cybercrime Law, RA 10175).
Illegal searches: evidence seized by state agents without a valid warrant or exception may be suppressed. (Private searches by a spouse raise different issues, but you can still run afoul of special penal laws above.) Bottom line: Gather evidence lawfully. When in doubt, ask your lawyer before you record, install spyware, or “hack” an account.

D. Private investigators

Licensed PIs may help obtain lawful corroborative evidence (surveillance logs, photos of public places, testimony). Ensure they do not violate the laws noted above.

6) Step-by-step procedure (criminal)

Consult counsel early. Assess venue, counts (how many acts to charge), prescription, and risks (e.g., evidence obtained unlawfully).
Assemble evidence. Certified marriage record; copies of digital evidence; possible witnesses; hotel/establishment records you can later subpoena.
Prepare a sworn Complaint-Affidavit (by the offended husband) against both the wife and her alleged partner. Attach your evidence.
File with the Office of the City/Provincial Prosecutor (where an act occurred).
Preliminary Investigation (PI). Adultery requires PI (the prescribed penalty meets the Rule 112 threshold). Respondents submit counter-affidavits; parties may file replies/rejoinders.
Resolution. If probable cause is found, the prosecutor files an Information (usually in the MTC/MeTC). If not, the complaint is dismissed (you may seek review with the DOJ and, in proper cases, the Court of Appeals).
Warrant/Bail. Court issues warrants; adultery is bailable as a matter of right before conviction.
Arraignment & Pre-trial. Issues narrowed; evidence marking; possible stipulations.
Trial. Prosecution presents evidence first (marriage, intercourse, knowledge of paramour). Defense may present rebuttal evidence (e.g., lack of knowledge, alibi, improper venue, consent/pardon).
Judgment; remedies. Conviction or acquittal. Parties may appeal. On conviction, consider probation (if eligible and you do not appeal the conviction).

7) Civil claims and collateral remedies

Civil damages within the criminal case. The offended spouse may claim moral and exemplary damages (and actual damages if proven). Liability is typically solidary between the guilty parties.
Independent civil actions. Even aside from the criminal case, adultery may ground legal separation (Family Code), with consequences for property relations and possible forfeiture of the offending spouse’s share in favor of common children (subject to judicial determination).
Support/custody. Determined in separate family proceedings; adultery can influence moral fitness assessments but does not automatically forfeit parental authority.

8) Defenses commonly raised (and when they work)

Improper venue. If the Information alleges a place where no act occurred.
No intercourse. Circumstantial proof too weak or breaks in the chain of inference.
For the man: no knowledge of the woman’s marriage.
Consent/Pardon by husband before filing (must generally cover both offenders). Implied pardon may be inferred from conduct (e.g., voluntary reconciliation/cohabitation after full knowledge), but this is fact-sensitive.
Prescription. Complaint filed beyond the prescriptive period.
Nullity issues. Questions on whether the woman was “married” at the time can be complex; courts tread carefully. Get counsel.

9) Practical tips if you plan to file (or defend)

Document discovery dates. Because prescription runs from discovery, keep contemporaneous proof (e.g., diary entry, counsel’s demand letter, first report to authorities).
Charge counts carefully. Each act is a count; over- or under-charging has consequences (duplicity, double jeopardy, sentencing).
Subpoenas are your friend. You can request the prosecutor/court to issue subpoena duces tecum to hotels, condos, ISPs, telcos for logs/records.
Protect your own exposure. Do not obtain evidence by illegal means; do not harass, stalk, or threaten.
Mind the blowback. Criminal filings can escalate family conflict, affect children, employment, and immigration matters. Weigh criminal remedies alongside family-court options (e.g., legal separation, nullity).

10) Adultery vs. Concubinage (quick contrast)

Topic	Adultery	Concubinage
Who can commit	Married woman and her male partner	Married man and his concubine
Core act	Sexual intercourse with a man not her husband	(a) Keeping a mistress in the conjugal dwelling; or (b) Sexual intercourse under scandalous circumstances; or (c) Cohabiting with her elsewhere
Proof burden on partner	Man must know the woman is married	Concubine’s knowledge of husband’s marriage is not an element
Penalty	Prisión correccional (med-max) for both	Prisión correccional (min-med) for the husband; destierro for concubine
Who can file	Offended husband	Offended wife
Private offense rules	Yes (Art. 344)	Yes (Art. 344)

11) Frequently asked questions

Q: We are only “separated in fact.” Is it still adultery? Yes. Separation in fact (without a decree) does not dissolve the marriage.

Q: If a court later annuls or nullifies the marriage, does that erase adultery? Not automatically. The element is the woman’s married status at the time of the act. Effects of later family-court rulings can be nuanced—get specific advice.

Q: Can I file if I don’t know the paramour’s full name? You’re required to include both alleged offenders. If the identity is genuinely unknown, prosecutors sometimes allow “John Doe” practice and later amendment after diligent efforts to identify—but expect challenges. Gather identifying details early.

Q: Can I withdraw my complaint later? Once the Information is filed, the case becomes People of the Philippines vs. Accused. Your desistance does not by itself terminate the case, though weak cooperation can doom the prosecution.

Q: Are screenshots and chat exports enough? They can help, but you must authenticate them and tie them to the act of intercourse (often via corroborating circumstances).

12) Simple Complaint-Affidavit skeleton (illustrative)

WARNING: Use this only as a starting outline with counsel; tailor to your facts and local prosecutor’s formatting.

REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF _________ ) S.S.

                    COMPLAINT-AFFIDAVIT
I, [Name of Offended Husband], Filipino, of legal age, married to [Wife’s Name],
and residing at [Address], after having been duly sworn, state:

1. I am legally married to [Wife’s Name] as evidenced by the attached PSA Marriage Certificate (Annex “A”).
2. On [date(s)] at [city/municipality], my wife had sexual intercourse with [Paramour’s Name], a [citizenship/occupation], as shown by [briefly list: hotel records, CCTV, messages, witness statements] (Annexes “B” to “__”).
3. [Paramour’s Name] knew that my wife was married to me, as shown by [messages/admissions/circumstances] (Annex “__”).
4. I discovered the acts on [date], as shown by [proof of discovery, if any].
5. I have not consented to, nor pardoned, these acts. I am filing this complaint against both my wife and [Paramour’s Name] for ADULTERY under Article 333 of the Revised Penal Code.

PRAYER
I respectfully request the conduct of preliminary investigation and, upon a finding of probable cause, the filing of the appropriate Information(s) against [Wife’s Name] and [Paramour’s Name].

[Signature of Complainant]
Affiant

SUBSCRIBED AND SWORN to before me this __ day of ______, 20__, at __________.

13) Quick checklist for complainants

Consult a criminal + family law practitioner.
Verify venue and prescription (from discovery).
Gather lawful evidence; avoid illegal recordings/hacks.
Prepare a sworn complaint including both alleged offenders.
File with the prosecutor and complete PI.
Be ready with witnesses and to authenticate digital evidence.
Consider parallel family-court remedies (legal separation/nullity) and civil damages.

If you’d like, tell me your scenario (dates, places, what evidence you already have), and I can draft a tailored complaint-affidavit and an evidence plan you can review with your lawyer.