Introduction

In the Philippines, marital infidelity remains a criminal offense under the Revised Penal Code (RPC), reflecting the country's strong emphasis on family values and the sanctity of marriage. Filing charges against a spouse's paramour—commonly referred to as the "third party" or "lover" in an extramarital affair—involves invoking provisions on adultery or concubinage, depending on the gender of the erring spouse. These laws are gender-specific, a remnant of colonial-era legislation, and have been the subject of ongoing debates regarding equality and modernization. This article explores the legal framework, elements of the offenses, procedural steps, defenses, consequences, and related considerations, all within the Philippine legal context.

Legal Basis: Revised Penal Code Provisions

The primary statutes governing charges against a paramour are found in Book II, Title Eleven of the RPC, which addresses crimes against chastity.

Article 333: Adultery

Adultery is committed by a married woman who engages in sexual intercourse with a man who is not her husband. The paramour (the man involved) is also criminally liable if he has knowledge of the woman's marital status. The elements are:

The woman is married.
She has sexual intercourse with a man not her husband.
The man knows she is married.

This offense is punishable by prisión correccional in its medium and maximum periods (2 years, 4 months, and 1 day to 6 years). Both the wife and the paramour are principals in the crime.

Article 334: Concubinage

Concubinage applies to a married man and is committed in one of three ways:

Keeping a mistress in the conjugal dwelling.
Having sexual intercourse with a woman not his wife under scandalous circumstances.
Cohabiting with her in any other place.

The paramour (the woman) is liable as a co-principal if she knowingly participates. The elements include:

The man is married.
He commits any of the three acts described.
The woman knows of his marriage.

Punishment is lighter: prisión correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months) for the husband, and destierro (banishment) for the paramour.

These provisions highlight a historical gender disparity—adultery requires only a single act of intercourse for the wife, while concubinage demands more ongoing or public conduct from the husband. Critics argue this violates equal protection under the 1987 Constitution, but the Supreme Court has upheld the laws in cases like People v. Nepomuceno (G.R. No. L-40624, 1975), reasoning that they protect family stability differently based on societal roles.

Who Can File Charges?

These are classified as "private crimes" under Article 344 of the RPC, meaning only the offended spouse can initiate the complaint. Key points:

The complaint must be filed by the aggrieved husband (in adultery cases) or wife (in concubinage cases).
If the offended spouse is legally incapacitated (e.g., due to minority or mental illness), a parent, grandparent, guardian, or the state may file on their behalf.
The paramour cannot be charged independently; the erring spouse must also be included in the complaint, though the offended spouse may choose to pardon the erring spouse while pursuing the paramour.
Pardon or consent by the offended spouse extinguishes the criminal action. This can be express (e.g., a written affidavit) or implied (e.g., continued cohabitation after knowledge of the affair). Once pardoned, the case cannot be revived.

Importantly, third parties like relatives or friends cannot file; doing so risks dismissal for lack of standing.

Procedural Steps for Filing Charges

Filing charges involves a criminal process, not a civil one, though civil remedies may run parallel. Here's a step-by-step guide based on Philippine criminal procedure:

Gather Evidence: Proof is crucial. Common evidence includes:
- Photographs, videos, or eyewitness accounts of the affair.
- Hotel receipts, messages, or social media posts indicating intimacy.
- Birth certificates if a child is born from the affair (presumptive evidence under the Family Code).
- Admissions or confessions. Evidence must establish the elements beyond reasonable doubt, as these are criminal cases.
File a Complaint-Affidavit: Submit this to the Office of the City or Provincial Prosecutor (Fiscal). Include:
- A sworn statement detailing the facts.
- Supporting documents and witness affidavits.
- No filing fee is required for these crimes.
Preliminary Investigation: The prosecutor reviews the complaint to determine probable cause. This may involve counter-affidavits from the accused and rebuttals. If probable cause exists, an information (formal charge) is filed in court.
Court Proceedings: The case goes to the Regional Trial Court (RTC) with jurisdiction over the place where the crime occurred. Arraignment, pre-trial, trial, and judgment follow. Bail is typically available.
Appeals: Decisions can be appealed to the Court of Appeals and ultimately the Supreme Court.

The process can take 1-3 years or longer, depending on court backlog. Under the Speedy Trial Act (Republic Act No. 8493), trials should conclude within 180 days, but delays are common.

Defenses and Challenges

Accused parties may raise several defenses:

Lack of Knowledge: The paramour must have known of the marriage; ignorance (if proven) absolves them.
No Sexual Intercourse: Mere companionship or emotional affairs do not suffice; physical intimacy is required.
Pardon: As noted, this bars prosecution.
Prescription: The crime prescribes after 10 years from discovery (Article 90, RPC).
Constitutional Challenges: Arguments of gender discrimination have been raised but rarely succeed.
Entrapment or Fabrication: If evidence is coerced or falsified.

Additionally, if the marriage is void (e.g., due to bigamy), no adultery or concubinage can be committed.

Penalties and Consequences

Upon conviction:

Imprisonment as outlined above.
Possible destierro for the paramour in concubinage, restricting residence.
Moral damages may be awarded in the criminal case.
Professional repercussions, such as disbarment for lawyers or dismissal for public officials, under ethical codes.

The erring spouse may face separation of property or loss of parental authority under the Family Code.

Related Legal Aspects

Civil Remedies

While criminal charges target the paramour, civil actions can provide additional relief:

Annulment or Legal Separation: Under the Family Code (Articles 45-55), adultery/concubinage grounds legal separation, allowing property division and custody arrangements.
Damages: Article 26 of the Family Code allows suits for interference in family relations, potentially claiming moral, exemplary, or actual damages from the paramour. Cases like Constantino v. Mendez (G.R. No. 57227, 1992) illustrate awards for emotional distress.
Support and Custody: The offended spouse may seek child support or sole custody.

Anti-Violence Laws

If the affair involves abuse, Republic Act No. 9262 (Anti-VAWC Act) may apply, allowing protection orders against the erring spouse or paramour for psychological violence.

Bigamy and Other Crimes

If the affair leads to a second marriage, bigamy (Article 349, RPC) charges may apply, with penalties up to 12 years imprisonment. Paramours could be accomplices if aware.

Psychological and Social Considerations

Beyond law, these cases often involve counseling under the Family Code's reconciliation provisions. Courts may mandate mediation before trial.

Recent Developments and Criticisms

The laws have faced scrutiny for being outdated. Bills like House Bill No. 100 (Decriminalizing Adultery and Concubinage) have been proposed but not passed. Supreme Court rulings, such as in People v. Santos (G.R. No. 207818, 2014), emphasize strict proof requirements. With rising divorce advocacy (Absolute Divorce Bill pending), these provisions may evolve.

Conclusion

Filing charges against a spouse's paramour in the Philippines is a serious step rooted in protecting marital fidelity but fraught with evidentiary hurdles and emotional tolls. It requires careful legal navigation, often with counsel, to balance justice and family preservation. Consulting a lawyer is essential for case-specific advice, as outcomes depend on facts and jurisdiction.