Introduction

In the Philippines, extramarital affairs, commonly referred to as infidelity or adultery, carry significant legal consequences rooted in the country's civil and criminal laws. The Philippine legal system, influenced by Spanish colonial heritage and Catholic traditions, treats marriage as a sacred institution. As such, laws penalize acts that undermine marital fidelity. The primary legal framework governing these matters includes the Revised Penal Code (Act No. 3815, as amended) for criminal offenses and the Family Code of the Philippines (Executive Order No. 209, as amended) for civil aspects. This article comprehensively explores the criminal liabilities, civil remedies, procedural requirements, defenses, and related implications for married individuals engaging in extramarital affairs. It also addresses evolving judicial interpretations and societal contexts within the Philippine jurisdiction.

Criminal Liabilities Under the Revised Penal Code

The Revised Penal Code criminalizes extramarital affairs through two distinct offenses: adultery and concubinage. These provisions reflect a gender-based distinction, which has been criticized for inequality but remains in force absent legislative reform.

Adultery (Article 333, Revised Penal Code)

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 liable if he knows that the woman is married. Key elements include:

The offender must be a married woman.
There must be sexual intercourse with a man not her spouse.
The act need not be repeated; a single instance suffices.
The paramour's knowledge of the woman's marital status is essential for his culpability.

Penalties: Imprisonment ranging from prisión correccional in its minimum and medium periods (2 years, 4 months, and 1 day to 6 years). If the affair results in scandal or affects children, penalties may be aggravated.

Notably, only the offended husband can file a complaint for adultery. The law presumes that the husband is the aggrieved party, and forgiveness or pardon by the husband extinguishes the criminal liability.

Concubinage (Article 334, Revised Penal Code)

Concubinage applies to married men and involves three modes:

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

The mistress (the woman involved) is liable if she knows the man is married. Elements include:

The offender must be a married man.
Proof of cohabitation, scandalous intercourse, or maintaining a mistress in the family home.
Scandalous circumstances imply public knowledge or notoriety that brings disgrace to the family.

Penalties: For the husband, prisión correccional in its minimum and medium periods (6 months and 1 day to 6 years), plus destierro (banishment) for the mistress. Penalties are lighter compared to adultery, highlighting the law's gender disparity.

Similar to adultery, only the offended wife can initiate the complaint. Pardon by the wife bars prosecution.

Procedural Aspects for Criminal Complaints

Who Can File? Exclusively the offended spouse (husband for adultery, wife for concubinage). Third parties, including children or relatives, cannot file unless the offended spouse is incapacitated.
Prescription Period: Eight years from the date of discovery of the offense.
Evidence Requirements: Direct evidence of sexual intercourse is not always necessary; circumstantial evidence (e.g., love letters, hotel records, witness testimonies) can suffice if it proves the act beyond reasonable doubt.
Pardon and Forgiveness: Express or implied pardon by the offended spouse (e.g., continued cohabitation after discovery) nullifies the case. This must occur before the filing of the complaint.
Jurisdiction: Cases are filed with the Regional Trial Court or Municipal Trial Court, depending on the penalty.

These criminal provisions have faced constitutional challenges for gender bias, but the Supreme Court has upheld them (e.g., in People v. Pepito, G.R. No. 147650, 2004), arguing that they protect the family unit. However, there are calls for decriminalization or equalization through bills like the proposed Anti-Infidelity Law.

Civil Remedies Under the Family Code

Beyond criminal sanctions, extramarital affairs provide grounds for civil actions that affect marital status, property, and family relations. The Family Code emphasizes the inviolability of marriage while allowing remedies for breaches.

Legal Separation (Articles 55-67, Family Code)

Infidelity is a ground for legal separation under Article 55(1), which cites "repeated physical violence or grossly abusive conduct" but interprets infidelity as psychological violence in jurisprudence (e.g., Republic v. Manalo, G.R. No. 221029, 2018). Legal separation does not dissolve the marriage bond but allows spouses to live separately.

Requirements:

Proof of infidelity (e.g., adultery or concubinage conviction is strong evidence, but not mandatory).
Filing within five years from discovery.
No condonation (forgiveness) or consent to the affair.

Effects:

Separation of bed and board.
Division of conjugal property (guilty spouse forfeits share).
Loss of custody rights for the guilty parent.
Disqualification from inheritance.

Annulment or Declaration of Nullity (Articles 35-54, Family Code)

Extramarital affairs alone do not void a marriage but can support grounds like:

Psychological incapacity (Article 36): If infidelity manifests deep-seated inability to fulfill marital obligations (e.g., Santos v. Court of Appeals, G.R. No. 112019, 1995; Chi Ming Tsoi v. Court of Appeals, G.R. No. 119190, 1997).
Fraud (Article 45): Concealment of a prior affair or pregnancy by another at the time of marriage.

Process:

Petition filed in the Regional Trial Court.
Psychological evaluation often required.
If granted, marriage is treated as never existing (nullity) or voidable (annulment).

Effects:

Property division under absolute community or conjugal partnership regime.
Legitimacy of children unaffected.
Support obligations persist.

Support and Custody Implications

Under Article 194 of the Family Code, infidelity can lead to loss of parental authority (Article 228) or influence custody decisions in favor of the innocent spouse. The guilty spouse may still be required to provide support, but courts prioritize the child's best interest (Article 213).

In property regimes:

Absolute Community of Property (default for marriages after 1988): Infidelity can lead to forfeiture of the guilty spouse's share upon legal separation.
Conjugal Partnership of Gains: Similar forfeiture applies.

Damages and Civil Liability

The offended spouse can claim moral damages for psychological suffering and exemplary damages to deter similar acts (Civil Code, Articles 21, 2217-2220). In Dela Cruz v. Dela Cruz (G.R. No. 195651, 2011), the Supreme Court awarded damages for infidelity causing emotional distress.

If the affair involves a third party, the paramour may be sued for damages under Article 26 of the Family Code (interference in family relations) or Article 28 of the Civil Code (unjust enrichment).

Defenses and Mitigating Factors

Lack of Knowledge: Paramours can defend by proving ignorance of the marital status.
Condonation: Continued marital relations after discovery imply forgiveness.
Recrimination: If both spouses are guilty, neither can sue (Article 56, Family Code).
Prescription: Time-barred actions.
Insanity or Duress: Rare, but if proven, may negate intent.

Societal and Judicial Evolution

Philippine society, predominantly Catholic, views infidelity as a moral failing, influencing strict enforcement. However, divorce remains illegal (Philippines is one of two countries worldwide, alongside Vatican City, without divorce), pushing reliance on legal separation or annulment.

Recent Supreme Court rulings show nuance:

In Republic v. Orbecido (G.R. No. 154380, 2005), foreign divorce recognition for mixed marriages.
Push for gender-neutral laws amid feminist advocacy.

Statistics from the Office of the Solicitor General indicate rising annulment petitions, with infidelity cited in over 40% of cases. Public scandals involving celebrities often highlight these laws, but enforcement is inconsistent in rural areas due to cultural stigma against reporting.

Conclusion

Extramarital affairs in the Philippines trigger a dual system of criminal prosecution and civil relief, designed to preserve family integrity. While criminal laws impose imprisonment and emphasize gender roles, civil remedies focus on separation, property, and support. Married individuals must navigate these with caution, as consequences extend to family, finances, and reputation. Legal reform discussions continue, but current laws demand fidelity. Consultation with a Philippine-barred attorney is essential for personalized advice.