Legal Actions Against a Married Person for Deception in Relationships in the Philippines (A comprehensive doctrinal and practical guide, current as of 24 July 2025)
Contents
Introduction
Criminal Liability
- Bigamy (Art. 349, Revised Penal Code)
- Concubinage & Adultery (Arts. 334–333, RPC)
- Other Penal‑Law Remedies
Civil Liability and Private Remedies
Family‐Law Consequences
Violence Against Women & Children Act (RA 9262)
Administrative & Regulatory Sanctions
Procedure, Prescription & Defences
Recent Jurisprudence Snapshot (2018 – 2025)
Policy Context & Practical Tips
Conclusion & Caveat
1 | Introduction
In Philippine society, marital status is a matter of public policy. When a person who is already legally married deceives another into an intimate relationship, a lattice of criminal, civil, and administrative sanctions may apply. The overview below synthesizes statutes, the Family Code, the Revised Penal Code (RPC), special laws, and Supreme Court rulings, giving lawyers, law‑students, and lay readers a one‑stop reference.
2 | Criminal Liability
2.1 Bigamy – Art. 349, Revised Penal Code
| Element | Explanation |
|---|---|
| Existing valid marriage | The accused must have a subsisting first marriage valid under Philippine law. |
| Subsequent marriage | He or she contracts a second/subsequent marriage, whether civil or religious, without the former being legally dissolved or without a judicial declaration of nullity. |
| Penalty | Prisión mayor (6 yrs 1 day – 12 yrs). |
| Prescription | 15 years from discovery (Art. 90, RPC). |
| Key rulings | People v. Nepomuceno (G.R. 246398, 11 Jan 2023) – liability stands even if the first marriage is later declared void; Domingo v. Court of Appeals (G.R. 119382, 17 Jun 1999) – lack of intent or “good‑faith belief” in nullity is no defence. |
Practical note: The offended spouse need not sign the complaint; any person (including the deceived partner) may file or coordinate with the prosecutor.
2.2 Concubinage (Art. 334) & Adultery (Art. 333)
| Crime | Who may be charged | Core acts | Complainant requirement | Penalty |
|---|---|---|---|---|
| Adultery | Married woman & her paramour | Sexual intercourse | Must be filed by the husband; he must include both offenders (Art. 344) | Prisión correccional (2 yrs 4 mos – 6 yrs) |
| Concubinage | Married man & his concubine | (a) Keeping mistress in conjugal dwelling; or (b) Cohabiting elsewhere; or (c) Scandalous sexual intercourse | Must be filed by the wife; both accused must be included | Husband: Prisión correccional (min‑med); Paramour: destierro |
Important: Marital infidelity alone is not concubinage; it must fit one of the three acts.
2.3 Other Penal‑Law Remedies
| Provision | Scenario | Highlights |
|---|---|---|
| Qualified/ Simple Seduction (Arts. 337–338, RPC) | If the deceived partner is 16–18 yrs old (post‑RA 11648 age‑adjustment) and virgin or of good reputation | Punishable even without intercourse if elements met. |
| Acts of Lasciviousness (Art. 336) | If deception leads to lewd acts short of intercourse. | |
| Estafa (Art. 315) | If property or money is obtained through the deceit about marital status. | |
| RA 9995 (Anti‑Photo & Video Voyeurism) & RA 10175 (Cybercrime) | Posting intimate images obtained through the deceptive relationship. | |
| Anti‑Trafficking (RA 9208, as amended) | Where deceit is used to exploit the partner sexually or economically. |
3 | Civil Liability and Private Remedies
| Basis | Illustrative Action |
|---|---|
| Art. 19–21, Civil Code (“abuse of rights” / “contrary to morals”) | A paramour may sue the married deceiver for moral & exemplary damages for emotional distress, reputation loss, and opportunity cost. |
| Art. 26 (breach of human dignity) | Recognised in Garcia v. Drilon (G.R. 179267, 25 Jun 2013) as ground for damages in marital infidelity. |
| Art. 2219(10) | Claims for moral damages by a spouse in cases of adultery or concubinage, independent of the criminal case. |
| Quasi‑delict (Art. 2176) | If psychological harm results in quantifiable medical or therapy costs. |
Civil actions may be filed separately or simultaneously with the criminal case (Art. 100, RPC; Rule 111, Rules of Court).
4 | Family‑Law Consequences
- Void Bigamous Marriage – Art. 35(4), Family Code → subject to petition for declaration of nullity; property relations revert to co‑ownership under Art. 147/148.
- Annulment due to Fraud – Art. 45(3) fraud is limited (e.g., STD or pregnancy by another). Misrepresentation of single status per se is not an enumerated fraud, so annulment rarely prospers on that ground alone.
- Legal Separation – Art. 55(8): sexual infidelity or perversion is a ground; action prescribes in 5 years.
- Support & Custody – Deceived partner’s children (if any) may claim child support against biological parent regardless of marital status (Art. 175–176, FC, as amended by RA 9858 & RA 11222).
5 | Violence Against Women & Children Act (RA 9262)
- Section 5(i) criminalises acts causing mental or emotional anguish (including marital infidelity and deceit).
- Offender can be current/former husband or boyfriend (even if the woman is merely dating the married man).
- Penalties: Prisión correccional to prisión mayor + protection orders + economic support.
- Key case: AAA v. BBB (G.R. 212448, 12 Jun 2019) – psychological violence found where married man concealed marriage while cohabiting with complainant.
6 | Administrative & Regulatory Sanctions
| Sector | Applicable Rule | Example |
|---|---|---|
| Civil Service | RA 6713 (Code of Conduct) – disgraceful and immoral conduct | Dismissal, suspension, forfeiture of retirement benefits (CSC v. Dadole, A.C. No. 245790, 2022). |
| Professionals | PRC codes (lawyers, doctors, teachers) – immorality as ground for suspension. | Bustamante v. Mendoza (A.C. 8248, 15 Jan 2018) – lawyer suspended for bigamy. |
| Corporate HR | Termination under Art. 297(e), Labor Code (serious misconduct) if deception harms company interests. |
7 | Procedure, Prescription & Defences
| Action | Who may file | Venue | Prescription | Notable Defences |
|---|---|---|---|---|
| Bigamy | Any competent complainant | Place of second marriage | 15 yrs | Good‑faith belief in nullity NO; proves first marriage void YES (if judicially declared before second marriage). |
| Concubinage/Adultery | Offended spouse only | Where offense occurred | 5 yrs (Art. 90) | Express pardon or condonation before trial. |
| RA 9262 | Woman or child | Residence of complainant | 20 yrs for psychological violence (Act 10951, 2017) | No intimate relationship NO; marriage or amorous tie need only be proven by evidence. |
| Civil action | Injured party | Where plaintiff resides | 4 yrs (Art. 1146, for quasi‑delict) | Lack of deceit; contributory negligence; no injury. |
8 | Recent Jurisprudence Snapshot (2018 – 2025)
| Case | G.R. No. | Date | Ratio decidendi |
|---|---|---|---|
| People v. Nepomuceno | 246398 | 11 Jan 2023 | Second marriage void does not erase bigamy if first not yet annulled at time of second. |
| AAA v. BBB | 212448 | 12 Jun 2019 | Concealment of prior marriage while cohabiting = psychological violence under RA 9262. |
| Tan‑Andal v. Andal | 196359 | 11 May 2021 | Psychological incapacity re‑defined as “enduring grave incapacity,” easing nullity petitions but does not excuse bigamy. |
| Acharon v. People | 246497 | 19 Jul 2022 | Bigamy conviction affirmed despite foreign divorce for first marriage obtained after the second. |
| People v. Suarez | 248929 | 05 Sep 2018 | Concubinage acquittal: prosecution failed to prove cohabitation element. |
9 | Policy Context & Practical Tips
Gender lens – Philippine law historically punished women harshly (adultery) versus men (concubinage). RA 9262 and recent CSC/PRC rulings mitigate imbalance.
Evidence gathering – Secure PSA‑issued marriage certificates, marriage licence applications, social‑media captures, affidavits of neighbours, hotel logs.
Strategy –
- File RA 9262 (faster protection orders) with bigamy/concubinage where facts overlap.
- Lodge civil action for damages to preserve documentary evidence via discovery.
- Consider ADR (mediation) for support and child custody.
10 | Conclusion & Caveat
The Philippine legal system offers layered remedies—criminal, civil, family‑law, and administrative—against a married person who deceives another in a romantic relationship. Success depends on precise fact‑pattern matching (e.g., elements of bigamy vs concubinage) and timely filing. Because statutes intertwine with evolving jurisprudence, parties should seek competent counsel to craft a multi‑forum strategy.
This article is for scholarly and informational purposes only and does not constitute legal advice. For situation‑specific guidance, consult a Philippine lawyer.