How to File a Case Against a Spouse in the Philippines: Grounds, Evidence, and Procedure

This article explains the full landscape of remedies available when you need to take legal action against your spouse in the Philippines—civil, criminal, and protective. It covers grounds, evidence, where and how to file, what to expect, and practical tips to safeguard yourself and your children.

1) First, choose the right legal track (or combine them)

Depending on what happened and what outcome you need, you may pursue one or more of the following at the same time:

Protective orders (urgent safety and no-contact relief)
- RA 9262 (Anti-Violence Against Women and Their Children Act): Barangay Protection Order (BPO), Temporary Protection Order (TPO), Permanent Protection Order (PPO).
- Available for wives, former wives, women with whom the offender has or had a sexual or dating relationship, and their children—regardless of marital status.
Criminal cases (punishment and deterrence)
- RA 9262: physical, sexual, psychological, or economic abuse.
- Adultery (Art. 333) and Concubinage (Art. 334), Revised Penal Code (RPC): “private crimes” requiring a complaint by the offended spouse.
- Bigamy (Art. 349, RPC), Concubinage/Acts of Lasciviousness (RPC), Child abuse (RA 7610), Threats, coercion, etc.
Civil family cases (change your legal status or enforce obligations)
- Nullity of marriage (void marriages: Family Code Arts. 35, 36, 37, 38, 41, 53).
- Annulment (voidable marriages: Family Code Art. 45).
- Legal separation (Family Code Art. 55).
- Support, custody, habeas corpus for custody, guardianship, property partition/accounting, support pendente lite, protection orders ancillary to civil actions.
- Recognition of foreign divorce (when one spouse is or became a foreign national; Filipino spouse may have the foreign divorce recognized to remarry).

Tip: Safety comes first. If there is any risk of harm, initiate protection orders immediately; you can file criminal or civil cases in parallel or afterward.

2) Grounds: what legally counts—and what each remedy does

A. Protection orders under RA 9262

Abuse types: physical, sexual, psychological (e.g., threats, stalking, humiliation), and economic (e.g., withholding support, controlling money, destroying property).
Relief: stay-away/no-contact, removal from the home, custody/visitation arrangements, support, firearm surrender, exclusive use of residence, etc.
Who may apply: the woman, her children, or representatives (including social workers, barangay officials, law enforcement, relatives).

B. Criminal grounds

RA 9262 (VAWC): Any of the abuses above committed by a spouse/partner against a woman or her child. Venue includes where the victim resides or where acts occurred.
Adultery (RPC Art. 333): Wife’s sexual relations with a man not her husband. Must sue both wife and her paramour.
Concubinage (RPC Art. 334): Husband keeps a mistress in the conjugal dwelling, or cohabits with her in another place, or has sexual intercourse under scandalous circumstances; sue husband and the concubine.
Bigamy (RPC Art. 349): Contracting a second marriage while the first is still valid.
Child abuse (RA 7610) and related crimes if children are harmed.

Private crimes note: Adultery/concubinage generally require a sworn complaint by the offended spouse and must implead both parties; pardon/condonation and prescription rules apply.

C. Civil family cases & their typical outcomes

Nullity (void) vs. Annulment (voidable):
- Nullity grounds (void): lack of marriage license (with narrow exceptions), psychological incapacity (Art. 36), incestuous/void marriages, bigamous/polygamous, underage without proper consent, failure to record required judgments (Arts. 52–53), etc.
- Annulment grounds (voidable): lack of parental consent for ages 18–21 (at the time of marriage), insanity, fraud, duress/force/intimidation, impotence or sexually transmitted disease existing at marriage, etc.
Legal separation (Art. 55): physical violence, coercion to change religion/politics, attempts on life, sexual infidelity/perversion, abandonment, drug addiction/alcoholism, etc. It does not dissolve the bond but allows separation of bed and board and property consequences.
Effects: child custody/support, property regime dissolution or separation, disqualification from inheritance (legal separation), use of surnames, and permission to remarry (only after final nullity/annulment decree and proper civil registry annotation).

3) Evidence: what you’ll need and how to gather it lawfully

A. Core categories

Personal and official records: PSA marriage certificate, children’s birth certificates, medical reports, police blotters, barangay records, incident reports, receipts, bank/asset documents, employment records.
Digital evidence: texts, emails, call logs, social media posts, photos, videos, geotags, ride-hailing/booking histories, cloud backups, GPS logs, hotel/airline records.
Witness testimony: neighbors, relatives, co-workers, domestic helpers, security guards, teachers/doctors, barangay officials.
Expert evidence: psychologists/psychiatrists (e.g., for psychological violence or Art. 36), forensic examiners, accountants for asset tracing.

B. Legality, authenticity, and privacy cautions

Electronic Evidence Rules: keep metadata; export complete threads; take hashes where possible; preserve originals and make working copies.
Wiretapping law (RA 4200): secret audio recording of a private communication can be criminal; consult counsel before recording. Silent video without audio is treated differently, but get advice.
Data privacy: avoid illegal account access. Use lawful means (subpoena duces tecum from court/prosecutor) for third-party records.
Chain of custody: log how you obtained, stored, and transferred digital files; avoid altering timestamps or filenames.
Corroboration matters: Circumstantial evidence (e.g., consistent cohabitation, hotel records, a child born to the affair) can prove adultery/concubinage without “smoking gun” footage.

C. Safety & documentation

Photograph injuries promptly; obtain a medical certificate.
Keep a contemporaneous incident diary (dates, times, what happened, who saw it).
Back up evidence to multiple secure locations.

4) Where to file: jurisdiction and venues

Protection orders:
- BPO: any Barangay where the victim resides or where abuse occurred (quickest relief; valid 15 days).
- TPO/PPO: Family Court (Regional Trial Court designated as Family Court) where the victim resides or where any element occurred. TPO may be issued ex parte (often same day); PPO after hearing.
Criminal complaints (RA 9262, RPC crimes, RA 7610, etc.):
- File a Sworn Complaint-Affidavit with the City/Provincial Prosecutor’s Office (venue usually where the crime occurred; RA 9262 also allows venue where the victim resides).
- For warrantless arrests, inquest proceedings apply; otherwise, preliminary investigation.
Civil family cases (nullity/annulment/legal separation/support/custody):
- Family Court where the plaintiff or defendant actually resides.
- Include verified petition, certification against forum shopping, and pay docket fees.

5) Step-by-step procedures

A. Protection orders (RA 9262)

Prepare: Bring ID, marriage certificate (if available), children’s documents, proof of abuse (photos, messages, medical report).
File BPO at the Barangay (free, summary; immediate issuance possible).
File TPO/PPO in Family Court: submit verified petition with supporting affidavits and attachments.
Service: Sheriff or law enforcement serves orders on the respondent; furnish the PNP/Barangay.
Hearing: PPO hearing (respondent can oppose); orders may include custody/support/possession of residence.
Enforcement: Violating a protection order is a crime—report to police; keep a copy on you.

B. Criminal cases

Sworn Complaint-Affidavit: state acts, dates, places; attach evidence and witness affidavits.
Filing with the Prosecutor; get docket number.
Subpoena to respondent; counter-affidavit; clarificatory hearing if needed.
Resolution: dismissal or filing of Information in court.
Arraignment & trial in the appropriate court; attend pre-trial; present witnesses and exhibits.
Judgment; possible restitution, damages, and penalties; post-judgment protection may continue.

Adultery/Concubinage specifics: Only the offended spouse may initiate; both participants must be included; once you consent or pardon, you generally lose the right to prosecute; actions prescribe after a limited period (commonly five years from discovery—consult counsel for precise computation).

C. Civil family cases

Draft a verified petition (through counsel) stating facts, grounds, reliefs, and supporting law; attach PSA records and evidence.
File in the Family Court with fees; case will be raffled.
Prosecutor’s “collusion investigation” (nullity/annulment/legal separation) to ensure there’s no collusion.
Pre-trial: narrow issues; consider interim relief (support pendente lite, custody, hold-departure order for children, exclusive use of home).
Trial: present lay and expert witnesses, documentary and electronic evidence.
Decision & Entry of Judgment;
Civil registry annotation (Arts. 50–52 Family Code rules) so that changes become official with the PSA; only then may you remarry (for nullity/annulment).
Enforcement: implement custody/support/property orders via sheriff, contempt, or writs.

6) Children: custody, support, and safety

Best interest of the child governs custody/visitation.
Interim custody and supervised visitation can be sought under protection orders or civil cases.
Support covers food, shelter, clothing, education (including reasonable allowances), medical/dental, transportation, and activities—can be granted pendente lite and retroactively.
Passports/Travel: Courts may issue orders to prevent unlawful removal of a child from the Philippines.

7) Property and money: protecting your estate

Property regimes: Absolute community or conjugal partnership (unless a valid marriage settlement says otherwise).
During cases: Seek inventory, accounting, injunction against asset dissipation, freezing of bank accounts (with proper legal basis), and support pendente lite.
After legal separation or nullity/annulment: Expect dissolution and liquidation; possible forfeiture of share of the guilty spouse in certain scenarios (e.g., Art. 43(2), Art. 63).
Third-party assets: Use subpoena duces tecum for bank/employer/land records; consider anti-VAWC economic abuse charges if support is withheld.

8) Timelines, costs, and practical expectations

Protection orders: Fastest path to safety—BPO same day possible; TPO typically very quickly; PPO after hearing.
Criminal cases: Months to years, depending on docket; bail may apply; protective measures can run alongside.
Civil family cases: Often a year or more; complex cases (e.g., psychological incapacity) can take longer due to expert testimony.
Costs: Filing/docket fees, lawyer’s fees, expert fees, evidence procurement. Indigent parties or those represented by PAO may seek fee exemptions.

9) Checklists

Immediate safety & documentation

Safe place to stay; inform trusted persons.
BPO at the Barangay; consider TPO/PPO filing.
Medical exam and certificate; police blotter if appropriate.
Secure phones, devices, and passwords; back up evidence.

Evidence pack

PSA marriage certificate; children’s PSA certificates.
Photos/videos (mind RA 4200), screenshots, emails, call logs.
Financials: payslips, bank/GCash statements, property titles, car CR/OR, receipts.
Witness list with contact details.
Chronology of incidents.

Filing roadmap

Decide remedies (protection, criminal, civil) and sequence.
Draft affidavits and petitions; notarize where needed.
Identify correct venue (Barangay, Prosecutor’s Office, Family Court).
Prepare for hearings (IDs, originals, multiple photocopies, USB with e-evidence).

10) Special topics

Psychological Incapacity (Art. 36): A legal concept; expert testimony is helpful but not strictly indispensable. Focus on gravity, juridical antecedence (traced to time of marriage), and incurability as manifested in behavior—not merely incompatibility.
Foreign divorce recognition: If one spouse is a foreigner (or became one), a petition to recognize the foreign divorce in Philippine courts can allow the Filipino spouse to remarry after annotation with the civil registry.
Settlement vs. Barangay mediation: RA 9262 cases and other offenses punishable by over one year imprisonment are not subject to compulsory barangay mediation. Don’t let abusers misuse mediation to delay protection.
Immigration & work: Protection orders and pending cases can affect visas, overseas deployment, or employment—secure certified copies for HR/embassy as needed.

11) Common pitfalls—and how to avoid them

Illegally obtained recordings (risking RA 4200 liability). Get legal advice before recording; prefer lawful documentary trails.
Stopping after a BPO: Convert to TPO/PPO to extend protection and secure support/custody terms.
Forgetting civil registry annotation after a decree—this can invalidate later acts (e.g., a second marriage).
Not suing both parties in adultery/concubinage complaints.
Posting sensitive info online: may undermine your case and safety; share evidence only with counsel and authorities.
Delays in medical exam: get treated and documented as soon as possible.

12) Professional help and support

Lawyers / PAO for case strategy, pleadings, and hearings.
Social workers / DSWD / LGU Women & Children Protection Desks for crisis intervention.
Police WCPD for protection order enforcement and criminal complaints.
Hospitals with Women and Children Protection Units (WCPUs) for medico-legal documentation.
Counseling and shelters (LGU/NGO faith-based/community groups).

13) Sample outlines (for orientation only—actual forms vary)

A. Sworn Complaint-Affidavit (criminal)

Parties & relationship; jurisdiction/venue basis
Detailed narration (dates, places, specific acts)
Elements of offense mapped to facts (e.g., RA 9262 categories)
Evidence list with annex marks
Prayer (warrants, protection order referral)
Verification & jurat

B. Petition (nullity/annulment/legal separation)

Parties, residence, date/place of marriage; children
Grounds and supporting facts; citations to Family Code/RPC/RA 9262 as applicable
Reliefs: custody, support, property, protection orders, surname use, PSA annotation
Collusion statement; forum shopping certificate; annexes

14) Quick Q&A

Can I file both a protection order and a criminal case? Yes, and you should if facts warrant.
Can husbands file under RA 9262? RA 9262 protects women/children; male spouses may use other criminal/civil remedies (e.g., serious physical injuries, threats, child custody, property, or cases under the Safe Spaces Act for certain conduct).
Is adultery and concubinage symmetrical? No—elements differ; consult counsel on which charge fits.
Do I need a psychologist for Art. 36? Helpful, often persuasive, but not absolutely required; focus on legal requisites shown by behavior.

Final note

This guide gives you the full picture to plan your next steps. Because facts and legal strategy are highly specific—and some rules (e.g., prescription, evidence admissibility, immigration/work implications) are technical—consult a lawyer promptly, especially when safety is at stake or evidence must be preserved.