Introduction

In the Philippines, marriage is considered a sacred institution governed primarily by the Family Code (Executive Order No. 209, as amended). Spouses are bound by mutual obligations of fidelity, respect, and support. However, when a husband fails to provide financial support to his wife and family while cohabiting with a mistress, this constitutes a breach of marital duties and may involve criminal liability. Such situations often lead to emotional distress, financial hardship, and family breakdown. This article explores the legal framework surrounding these issues, including spousal obligations, grounds for legal action, and available remedies under Philippine law. It covers civil remedies like support petitions and marital dissolution, as well as criminal sanctions for infidelity.

The Philippine legal system emphasizes the preservation of marriage but provides mechanisms for aggrieved spouses to seek justice. Remedies are pursued through courts, with the Regional Trial Court (RTC) typically having jurisdiction over family cases. Note that the Philippines does not recognize absolute divorce (except for Muslims under the Code of Muslim Personal Laws or in cases involving foreign divorces recognized under Article 26 of the Family Code), so options are limited to legal separation, annulment, or declaration of nullity.

Spousal Obligations Under the Family Code

The Family Code outlines the rights and duties of spouses in Articles 68 to 73. Key obligations include:

Mutual Fidelity and Respect: Spouses must live together, observe mutual love, respect, and fidelity, and render mutual help and support (Article 68).
Joint Management of Family: Spouses jointly administer the conjugal partnership or absolute community of property, unless otherwise agreed in a marriage settlement (Articles 96 and 124).
Support: Spouses are obliged to support each other and their common children according to their means (Article 194). Support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the family's financial capacity (Article 194).

Failure to provide support, especially when the husband is capable but chooses to divert resources to a mistress, violates these duties. Cohabitation with a mistress further breaches fidelity, potentially constituting psychological violence under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act, or Anti-VAWC Act).

Financial Support: Rights and Enforcement

Right to Support

Under Article 195 of the Family Code, the spouse and legitimate children are entitled to support from the other spouse. This obligation persists even during marital discord, unless a court orders otherwise. If a husband abandons his family or withholds support while living with a mistress, the wife can demand it as a matter of right.

Support is determined based on the needs of the recipient and the resources of the giver (Article 201). It can be enforced even if the spouses are living separately, provided the separation is not due to the fault of the claiming spouse.

Remedies for Non-Provision of Support

Petition for Support: The aggrieved wife can file a petition for support in the Family Court (RTC designated as such). This is a civil action under Rule 61 of the Rules of Court. The court may issue a provisional order for support pendente lite (while the case is ongoing) to ensure immediate relief.
Attachment of Properties: If the husband refuses to comply, the court can order the attachment or garnishment of his properties, salaries, or other assets to satisfy the support obligation (Article 203).
Criminal Liability for Abandonment: Under Article 101 of the Revised Penal Code (RPC), unjustified abandonment of spouse or children without providing support can lead to criminal charges for abandonment, punishable by arresto mayor (1 month and 1 day to 6 months imprisonment) or a fine.

If the husband's actions cause economic abuse, such as depriving the wife of financial resources, this may fall under the Anti-VAWC Act (RA 9262), allowing for a Protection Order that mandates support and prohibits further harm.

Infidelity: Living With a Mistress

Concubinage Under the Revised Penal Code

Cohabitation with a mistress constitutes concubinage under Article 334 of the RPC. Concubinage is committed by a husband who:

Keeps a mistress in the conjugal dwelling,
Has sexual intercourse with a woman not his wife under scandalous circumstances, or
Cohabits with her in any other place.

Punishment includes prision 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 concubine. The wife must file the complaint, as it is a private crime (Article 344, RPC). Pardon or consent by the wife extinguishes the criminal action.

Adultery vs. Concubinage

Note the gender disparity: Adultery (Article 333, RPC) applies to wives and requires only one act of sexual intercourse, with harsher penalties (prision correccional in its medium and maximum periods). This inequality has been criticized but remains law.

Impact on Marital Relations

Infidelity is a ground for legal separation (Article 55, Family Code) and can support claims of psychological incapacity for nullity under Article 36.

Legal Remedies for Marital Dissolution

Legal Separation

Under Article 55 of the Family Code, legal separation may be granted for:

Repeated physical violence or grossly abusive conduct,
Sexual infidelity or perversion,
Attempt to corrupt or induce prostitution,
Final judgment sentencing a spouse to over 6 years imprisonment,
Drug addiction, habitual alcoholism, or lesbianism/homosexuality,
Abandonment without justifiable cause for over one year,
Other analogous causes.

Cohabitation with a mistress qualifies as sexual infidelity, and non-support as abandonment. Legal separation allows bed-and-board separation but does not dissolve the marriage bond. Property relations are terminated, and the guilty spouse loses custody rights and inheritance claims (Article 63).

Procedure:

File a petition in the RTC of residence.
Cooling-off period of 6 months (Article 58).
Court attempts reconciliation.
If granted, decree is issued; support obligations continue for children.

Annulment of Marriage

Annulment declares the marriage valid until annulled. Grounds (Article 45) include:

Lack of parental consent (if under 21),
Insanity,
Fraud,
Force/intimidation,
Impotence,
Serious STD.

Infidelity or non-support alone does not ground annulment, but if pre-existing (e.g., fraud in concealing prior infidelity), it might apply.

Declaration of Nullity

Nullity declares the marriage void ab initio. Grounds (Article 35-38):

Underage marriage,
Bigamy,
Mistake in identity,
Incest,
Psychological incapacity (Article 36),
Others.

Psychological incapacity, as interpreted in Santos v. CA (1995) and Republic v. Molina (1997), covers grave, incurable conditions making a spouse unable to fulfill marital duties. Chronic infidelity and refusal to support may evidence this, especially if rooted in personality disorders. Cases like Dedel v. CA (2003) have recognized similar behaviors.

Procedure for Annulment/Nullity:

Petition in RTC.
Fiscal investigates collusion.
Trial with psychological expert testimony.
If granted, marriage is erased; property divided, children legitimated.

Protection Under the Anti-VAWC Act (RA 9262)

This law protects women and children from violence, including economic abuse (depriving financial support) and psychological violence (infidelity causing mental anguish). Remedies:

Barangay Protection Order (BPO) from the barangay.
Temporary/Permanent Protection Order (TPO/PPO) from court, mandating support, custody, and restraining the husband.
Criminal charges: Penalties up to prision mayor (6-12 years) and fines.

Violation of a protection order is a separate crime.

Child Custody and Support

In all proceedings, the child's best interest prevails (Article 211, Family Code). Mothers typically get custody of children under 7 (tender years presumption), but this is rebuttable. The husband must provide child support regardless of marital status.

Property Division

Marriages are under absolute community (post-1988) or conjugal partnership (pre-1988), unless prenuptial agreement states otherwise. Upon separation/nullity:

Community property divided equally, minus debts.
Guilty spouse forfeits share in net profits (Article 43, 63).

Practical Considerations

Evidence: Gather proof like bank statements for non-support, witness affidavits or photos for cohabitation, and psychological evaluations.
Reconciliation: Courts prioritize it; mandatory pre-trial mediation.
Costs: Legal fees, psychological assessments (P20,000+), court fees.
Time: Cases take 1-3 years; appeals possible.
Muslim Marriages: Governed by PD 1083; divorce allowed.
Foreign Elements: If one spouse is foreign, Hague Conventions or Article 26 may apply for divorce recognition.

Conclusion

A husband neglecting financial support while living with a mistress faces civil and criminal consequences under Philippine law. Wives can seek immediate support, protection orders, legal separation, or nullity, ensuring financial security and justice. Consulting a lawyer is essential, as each case depends on specific facts. The legal system, while protective, requires perseverance to navigate. Ultimately, these remedies aim to uphold family integrity and individual rights in a society where marriage remains indissoluble except in limited cases.