Is It Legal to Physically Harm a Spouse’s Paramour?

Philippine Criminal Law Explained

Short answer

No. Hurting a spouse’s lover (“paramour”) is a crime under the Revised Penal Code (RPC)—typically physical injuries, homicide, or murder—unless a very narrow exceptional rule in Article 247 (Death or Physical Injuries under Exceptional Circumstances) applies. Even then, the act is not “legal”; the law merely reduces or removes the usual punishment in that specific, heat-of-the-moment scenario.

The baseline rule: Violence is a crime

Outside of Article 247, physically attacking anyone—including a spouse’s paramour—can lead to:

Serious physical injuries (Art. 263)
Less serious (Art. 265) or slight physical injuries (Art. 266)
Homicide (Art. 249) or murder (Art. 248), if death results and qualifying circumstances exist (e.g., treachery)
Illegal possession of firearms (if applicable), and other attendant crimes

Mere infidelity or provocation by adultery/concubinage does not justify assault.

The narrow carve-out: Article 247 RPC

What it says (in substance): A legally married person (or a parent, in a specific scenario) who surprises their spouse (or daughter) in the very act of sexual intercourse, and kills or inflicts serious physical injuries upon either or both in the act or immediately thereafter, shall suffer the penalty of destierro (banishment). If the offender causes only less serious or slight physical injuries, they are exempt from punishment. This does not apply if the offender promoted the prostitution of the spouse/daughter or consented to the infidelity.

Article 247 is not a justification (the act remains unlawful). It is a special defense that drastically mitigates liability because the law recognizes the unique shock of the situation.

Elements you must meet all at once

Status: Offender is legally married to the unfaithful spouse (or) a parent of a daughter under 18, living with them, and the other party is her seducer.
Surprise in the act: The spouse/daughter is caught in the very act of sexual intercourse—not just kissing, hugging, being half-naked, or in a compromising situation.
Timing: The killing or injuries are inflicted while the act is ongoing or immediately thereafter—i.e., in a continuous, impulsive sequence springing from the surprise, not after a cooling-off period.
No consent/participation: The offender has not facilitated, tolerated, or consented to the infidelity.

Penalty under Article 247

If death or serious physical injuries: Destierro (banishment)—a penalty under Art. 87 that prohibits the offender from entering certain places (typically the victim’s residence area) for a set time.
If only less serious or slight physical injuries: Exempt from punishment (but civil liability can still attach).

Civil liability (damages) generally remains even when criminal punishment is reduced or lifted.

What “in the act” and “immediately thereafter” really mean

“In the act” requires actual sexual intercourse. Courts have repeatedly declined to apply Art. 247 to “suggestive” or merely “compromising” situations.
“Immediately thereafter” has been read with practical flexibility: action taken in unbroken continuity or hot pursuit of the surprised lovers may still qualify. But hours later, or after a planned retaliation, does not.

Who is (and isn’t) covered

Covered: Either husband or wife who is legally married, regardless of who is unfaithful.
Also covered: A parent (father or mother) who surprises a daughter under 18 living with them and her seducer, with the same timing requirement.
Not covered:
- Unmarried partners/common-law relationships (no legal marriage)
- Situations lacking actual intercourse
- Attacks carried out after cooling off, premeditation, or revenge planning
- Cases where the spouse’s infidelity was tolerated or consented to

How this interacts with other laws

Adultery (Art. 333) and Concubinage (Art. 334) are separate crimes that the aggrieved spouse may prosecute, but they do not authorize violence.
Self-defense (Art. 11) still applies (for example, if the paramour attacks first), but you must prove unlawful aggression, reasonable necessity, and lack of sufficient provocation.
Passion or obfuscation (Art. 13[6]) may mitigate, but does not excuse an attack carried out after the heat of the moment.
Violence Against Women and Their Children (RA 9262) may apply if the victim is your spouse/partner (e.g., you hurt your wife during the confrontation). RA 9262 does not protect the paramour as such, but other criminal statutes do.

Practical scenarios (for orientation)

You walk in and see intercourse; you punch the paramour; he suffers a bruise. – If the court is satisfied that it was in the act and the punch was delivered then or immediately thereafter, Article 247 can exempt you from punishment for slight or less serious injuries (though civil damages may still be owed).
You discover infidelity by texts; you track the paramour a week later and stab him. – Article 247 does not apply. This is frustrated/consummated homicide or murder, possibly with mitigating (or no) circumstances.
You catch them in bed but not in intercourse; you attack. – Likely no Article 247 (no actual intercourse). The attack is punished under the usual articles, with possible mitigation depending on facts.
You catch them in the act; the paramour flees; you immediately chase and injure him minutes later in continuous pursuit. – Courts have, in analogous situations, applied Article 247 if the chain of events is continuous and impulsive, with no cooling-off.

Evidence considerations

To successfully invoke Article 247, courts look for credible proof of:

Legal marriage (or qualifying parent–daughter circumstances)
Actual sexual intercourse at the moment of surprise
Temporal immediacy (unbroken sequence, no time for reflection)
Lack of consent or tolerance to the infidelity
Nature of the injuries (serious vs less serious/slight) to determine the correct consequence (destierro vs exemption)

Gaps in proof (e.g., only compromising behavior, or delayed retaliation) generally defeat the defense.

Destierro in practice

Nature: A penalty consisting of banishment—the court designates places the offender cannot enter (e.g., within a specified radius of the victim’s domicile), for a fixed period.
Violation: Entering the prohibited area can trigger evasion of service of sentence or other sanctions.

Civil liability and protective orders

Even when exempt from punishment (slight/less serious injuries), civil liability (e.g., actual, moral, exemplary damages, and attorney’s fees) may be awarded.
If the confrontation spills over into threats or harassment, the spouse may seek protection orders (e.g., under RA 9262)—separate from criminal liability to the paramour.

Key takeaways

Violence is not “legal” just because a spouse is unfaithful.
Article 247 offers narrow relief only when the offender surprises the spouse in the very act of sexual intercourse and reacts immediately.
Outside that razor-thin window, ordinary criminal liability applies—often severe.
Civil damages can still be imposed even when punishment is reduced or lifted.

Friendly reminder

This is a general explanation of Philippine criminal law concepts. If you’re dealing with a real situation, consult a Philippine lawyer who can assess timelines, evidence, and available defenses in detail.