Legal Claims Against a Live-In Partner Who Impregnated Another Woman (Philippine Context)

Updated for the Family Code, the Revised Penal Code (RPC), and special laws such as the Anti-Violence Against Women and Their Children Act (RA 9262). This is an educational overview, not a substitute for personalized legal advice.

Key Takeaways (at a glance)

Adultery/concubinage do not apply if you and your partner are not legally married to each other (those crimes protect marriage).
RA 9262 (VAWC) does protect women in dating or cohabiting relationships: sexual infidelity that causes psychological violence can be prosecuted.
You may seek Protection Orders, damages, support, custody, and economic relief through VAWC and civil actions.
Property acquired during cohabitation is governed by Articles 147/148 of the Family Code and may be divided upon breakup, regardless of his infidelity.
If there are children, both legitimate and illegitimate children are entitled to support; failure or withdrawal of support can be economic abuse under RA 9262 and a basis for civil claims.

I. Criminal Liability

1) Adultery or Concubinage (RPC)

Not available to a live-in partner simply because her partner impregnated someone else.
Adultery requires a married woman; concubinage requires a married man and is prosecutable only by the legal spouse (with required joinder of the other participant).
If your partner is married to someone else, the legal wife—not the live-in partner—has standing to pursue concubinage. You may still have other remedies (see RA 9262 and civil claims).

2) Violence Against Women and Their Children (RA 9262)

RA 9262 protects women who are or were:

Wives, former wives,
Live-in partners, dating partners, or
Mothers of the offender’s child.

Sexual infidelity can constitute psychological violence when it causes mental or emotional anguish, public humiliation, or distress. Courts have upheld 9262 convictions and awards of damages where marital/relationship infidelity inflicted such harm.

What you can pursue under RA 9262:

Criminal complaint (through the prosecutor).
Protection Orders (Barangay, Temporary, Permanent) to restrain contact, remove him from the residence, compel support, grant custody/visitation terms, and bar harassment.
Civil damages (moral, exemplary, and actual), and attorney’s fees within the same case.
Economic abuse claims if he withholds support, disposes of common property, or deprives you/your child of financial resources.

Venue & procedure highlights:

You may file where you reside, where he resides, or where the acts occurred.
BPOs can be issued by the Punong Barangay the same day; TPOs by the court ex parte (often the same day filed); PPOs after hearing.
Barangay conciliation is not a prerequisite for VAWC cases.
Keep evidence: messages, threats, public posts, medical/psychological reports, witnesses, proof of relationships (birth certificates, photos, cohabitation proof).

Possible penalties: Imprisonment and fines (range depends on the act—psychological/economic abuse carry significant penalties), plus mandatory counseling provisions.

II. Civil Liability (Damages, Support, Injunctions)

1) Damages for wrongful acts (Civil Code Articles 19, 20, 21; “human relations”)

Even outside marriage, a partner who, in bad faith, willfully causes you injury through outrageous, immoral, or abusive conduct may incur liability for moral and exemplary damages. Courts award damages when the conduct shocks conscience (e.g., public humiliation, sustained deception, exploitation, or abandonment producing measurable mental anguish).

Moral damages require proof of mental anguish (psych or medical notes help but are not strictly required; testimony is evidence).
Actual damages must be receipted (therapy bills, moving costs, lost wages).
Exemplary damages deter egregious conduct.

Note: A mere breach of promise to be faithful or to marry is generally not actionable by itself; the recoverable wrong lies in independently wrongful conduct (e.g., fraud, public humiliation, abuse), often framed under Article 21.

2) Support Obligations (Family Code, Arts. 194–208)

Children—whether inside or outside marriage—are entitled to support: sustenance, dwelling, medical, education, and transportation suited to the family’s means.
If he reduces/withholds support because he now supports a new child, you can demand proportionate sharing based on resources and needs. Court petitions or VAWC protection orders can fix support amounts and compel payment.
Interim support may be granted pendente lite.

3) Injunctions and privacy relief

Courts may issue injunctions (e.g., restraining harassment or publishing humiliating material) through VAWC protection orders or Rule 58 preliminary injunctions where appropriate.

III. Property Consequences of Separation

Which rule applies depends on impediments to marry:

Article 147 (both parties free to marry): Property acquired by both through work or industry is co-owned in proportion to actual contributions (money, property, or care of the home/children counts). If contributions aren’t proven, equal shares are presumed. Upon breakup, each gets their share minus liabilities; bad faith may affect forfeiture/forfeiture-like outcomes in limited scenarios (e.g., a party in bad faith may lose their share in favor of common children).
Article 148 (there is an impediment—e.g., one is married to another person): Only properties acquired through actual joint contribution are co-owned, and only in proportion to such contributions; no presumption of equal shares. If one is in bad faith, their share may be forfeited in favor of the innocent party and/or common children (subject to nuanced rules).

Infidelity itself does not create extra property rights, but it often triggers the dissolution and accounting of the co-ownership. You may:

Sue for partition and accounting,
Seek receivership or injunctions to prevent asset dissipation,
Assert reimbursement for exclusive contributions (e.g., mortgage payments),
Demand delivery of your share in cash or in kind.

IV. Claims Involving the “Other Woman” (OW)

There is no standalone crime of “homewrecking.”
Criminal liability for the OW arises only if the man is married and the legal wife files adultery/concubinage (with procedural requirements).
Civil liability of the OW may arise under Articles 19/20/21 if she actively and willfully participated in acts that directly caused your injury (e.g., harassment, doxxing, malicious public shaming). Mere existence of a relationship, without wrongful acts toward you, is usually insufficient.

V. Evidence Strategy

To build a strong case (criminal or civil), gather and preserve:

Relationship proof: photos, lease/utility bills, joint accounts, messages admitting cohabitation.
Infidelity/paternity indicators: admissions in chats, pregnancy/birth records naming him, DNA test (if contested).
Psychological violence: medical/psychological reports, therapist notes, affidavits of friends/family, screenshots of threats or humiliating posts.
Economic abuse: proof of lost or withheld support, bank movements, sudden asset transfers, payroll records.
Property contributions: receipts for purchases, bank transfers, proof of homemaking/childcare (which counts as contribution under Art. 147).

Maintain originals, make forensic copies (unaltered screenshots with metadata where possible), and avoid illegal recording (no wiretapping). Use affidavits to lock in witness testimony.

VI. Practical Paths You Can Take

A. If you want accountability and safety now

File a VAWC case (criminal) with a request for TPO/PPO:
- Restrain contact and harassment,
- Compel support for you/children,
- Obtain exclusive use of the residence or have him stay away,
- Secure temporary custody and regulated visitation.

B. If you need financial stability

Seek Support Pendente Lite and long-term support orders (via VAWC or a separate civil petition).
Initiate partition/accounting of Articles 147/148 property; request injunctive relief against dissipation.

C. If you want damages for the harm

File a civil action under Articles 19/20/21 for moral, exemplary, and actual damages, especially if there is public humiliation or egregious deceit.
You can join civil claims with the VAWC case to streamline.

D. If there are children

File or include custody (always based on best interests of the child), child support, visitation rules, and protection orders against exposure to violence.

VII. Defenses You Should Anticipate

“We weren’t married.” → Not a defense to RA 9262 or support claims; VAWC covers dating/cohabiting partners, and children’s right to support is absolute.
“No proof of psychological harm.” → Your testimony plus corroborating circumstances, messages, and professional evaluations can establish mental/emotional anguish.
“I’m supporting another child now.” → Support is apportioned, not eliminated. Courts fix amounts based on both needs and means.
“Property is mine alone.” → Under Art. 147, home/child care is a recognized contribution; under Art. 148, actual contributions determine shares.

VIII. Timelines & Forums

Where to file:
- VAWC: City/Provincial Prosecutor or directly with the court (for protection orders).
- BPO: Barangay where you or the respondent resides or the violence occurred.
- Civil claims (damages, partition, support): Regional Trial Court/Family Court with jurisdiction over your or the respondent’s residence.
Prescriptive periods:
- Criminal and civil claims have different prescriptive terms; do not delay. (Your lawyer can align the correct prescriptive period with the specific penalty or cause of action involved.)

IX. Settlement & Alternatives

Mediation/settlement is not allowed for criminal liability in the way that bars prosecution, but civil aspects (support amounts, property division) can be settled.
VAWC protection components (e.g., stay-away, support) are often negotiated even while the criminal case proceeds.

X. Checklist Before You Act

Safety plan (trusted contacts, alternate housing, copies of documents).
Evidence file (organized chats, receipts, IDs, medical/psych reports).
Immediate relief via BPO/TPO if there’s harassment or threats.
Support computation (monthly needs of you/child; proof of his income/assets).
Property inventory (who paid for what; titles/receipts).
Consult counsel to choose the right mix: VAWC + damages + support + partition.

XI. FAQs

Q: Can I sue him criminally just for getting someone else pregnant? A: Not by itself. But if the infidelity causes psychological violence or he withholds support or harasses you, RA 9262 applies.

Q: Can I demand compensation for my emotional suffering? A: Yes, through RA 9262 (as civil liability within the case) and/or a separate civil action under Arts. 19/20/21 if you prove wrongful, abusive conduct and resulting injury.

Q: Do I have a claim against the other woman? A: Only if she committed actionable wrongful acts against you (e.g., harassment), or if the legal wife prosecutes adultery/concubinage (where applicable). Mere pregnancy does not automatically create liability to you.

Q: What if we acquired a house while living together? A: Identify which article applies (147 or 148). You can sue for partition/accounting and recover your contribution (including homemaker contributions under Art. 147).

Q: He stopped giving money after the other woman gave birth. A: You can pursue support orders (and enforcement) and allege economic abuse under RA 9262.

Final Notes

The strongest cases typically combine: (1) VAWC for immediate protection and criminal accountability, (2) support and custody relief, and (3) civil damages for the emotional and financial harm, plus (4) partition/accounting of cohabitation property.
Keep your paper trail immaculate and seek tailored legal advice to strategize venue, remedies, and evidence presentation.