Legal Consequences of Marital Infidelity and Use of Maiden Name in Official Documents in the Philippines

Introduction

In the Philippine legal system, marriage is regarded as a sacred institution protected by the Constitution and various laws, including the Family Code of the Philippines (Executive Order No. 209, as amended). Marital infidelity, commonly referred to as adultery or concubinage, carries significant legal ramifications, both criminal and civil, reflecting the country's conservative stance on family matters. Additionally, the use of a maiden name in official documents by married women is governed by specific provisions that balance personal identity with marital obligations. This article explores these topics exhaustively within the Philippine context, drawing from relevant statutes such as the Revised Penal Code (Act No. 3815), the Family Code, Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004), and related jurisprudence from the Supreme Court. It covers definitions, penalties, procedural aspects, defenses, and intersections with other legal areas, while also addressing the evolving societal and legal perspectives.

Marital Infidelity: Definitions and Criminal Consequences

Marital infidelity in the Philippines is criminalized under Articles 333 and 334 of the Revised Penal Code, distinguishing between adultery (committed by a married woman) and concubinage (committed by a married man). This gender-based differentiation has been criticized for inequality but remains in force, as the Supreme Court has upheld its constitutionality in cases like People v. Zapata (G.R. No. L-30441, 1971), arguing it aligns with cultural norms.

Adultery (Article 333, RPC)

Adultery is defined as a married woman engaging in sexual intercourse with a man who is not her husband, with the offending man also liable if he knows she is married. Key elements include:

The woman must be legally married.
Sexual intercourse must occur.
The act need not be repeated; a single instance suffices.
Knowledge of the marriage by the paramour is required for his culpability.

Penalties:

For the wife and her paramour: Prisión correccional in its medium and maximum periods (2 years, 4 months, and 1 day to 6 years).
If the husband pardons the act before filing a complaint, the case is extinguished (Article 344, RPC). Pardon must be express and can be implied through continued cohabitation.
Prosecution requires a complaint from the offended spouse (husband), and it cannot be initiated by third parties or the state alone, emphasizing the private nature of the offense.

Defenses:

Insanity or lack of intent (dolo) on the part of the accused.
Mistake of fact, though rarely successful.
Death of the offended spouse extinguishes the criminal action.

Concubinage (Article 334, RPC)

Concubinage applies to a married man who:

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

Elements:

The man must be married.
The acts must fit one of the three modalities above.
Scandalous circumstances include public notoriety or acts causing moral outrage.

Penalties:

For the husband: Prisión correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months).
For the mistress: Destierro (banishment) if she knew of the marriage.
Lighter than adultery, reflecting historical biases.

Similar to adultery, prosecution requires a complaint from the offended wife, and pardon by her extinguishes liability. Jurisprudence, such as People v. Sensano (G.R. No. L-37720, 1984), clarifies that "scandalous circumstances" involve acts that offend public decency, not merely private knowledge.

Procedural Aspects

Jurisdiction: Regional Trial Courts handle these cases.
Prescription: 15 years from discovery (Article 90, RPC).
Evidence: Direct proof of sexual intercourse is not required; circumstantial evidence suffices, as per People v. Pepito (G.R. No. 147650, 2004). Common evidence includes hotel records, messages, or witness testimonies.
Impact of Republic Act No. 10951 (2017): Adjusted penalties for economic crimes but not directly for infidelity; however, it affects fine equivalents if imposed.

Intersections with Other Crimes

Infidelity may overlap with:

Republic Act No. 9262 (VAWC): If infidelity involves economic abuse, psychological violence (e.g., humiliation through affairs), or physical harm, it can lead to protection orders, custody battles, or penalties up to reclusión perpetua in aggravated cases. In Garcia v. Drilon (G.R. No. 179267, 2013), the Supreme Court upheld VAWC's constitutionality, noting it protects women from marital abuses including infidelity-linked violence.
Bigamy (Article 349, RPC): If infidelity leads to a second marriage without annulling the first, penalties include prisión mayor (6 years and 1 day to 12 years).
Cybercrime Prevention Act (RA 10175): Infidelity discovered via hacked communications could trigger separate charges, but evidence from illegal means may be inadmissible under the Fruit of the Poisonous Tree doctrine.

Civil Consequences of Marital Infidelity

Beyond criminal liability, infidelity has profound civil effects under the Family Code.

Grounds for Legal Separation (Articles 55-67, Family Code)

Infidelity is a ground for legal separation (Article 55[1]), allowing separation of bed and board without dissolving the marriage bond. Effects include:

Separation of property: Shift from absolute community or conjugal partnership to complete separation (Article 63).
Custody: Awarded to the innocent spouse, with visitation rights (Article 63[2]).
Support: Guilty spouse may lose rights to support but must provide for children.
Procedure: Filed within 5 years of discovery (Article 57). Requires court decree; mutual consent insufficient.

Annulment and Nullity (Articles 35-54, Family Code)

Infidelity alone is not a ground for annulment but can evidence psychological incapacity (Article 36), as in Republic v. Molina (G.R. No. 108763, 1997), where repeated infidelity indicated inability to fulfill marital obligations. Nullity declares marriage void ab initio, affecting legitimacy of children (born legitimate but status may change) and property division.

Property and Inheritance

Forfeiture: Guilty spouse forfeits net share in community property (Article 63[4]).
Disinheritance: Infidelity can justify disinheriting a spouse under Article 920 of the Civil Code.
Damages: Moral damages claimable under Article 2219(1) of the Civil Code for anguish caused.

Child-Related Consequences

Custody and Support: Infidelity may influence awards under Article 213, Family Code, prioritizing child's welfare. Guilty parent may lose custody but retains obligations.
Legitimacy: Children from extramarital affairs are illegitimate (Article 165), with limited inheritance rights unless legitimated.

Psychological and Social Impacts in Legal Context

Courts consider emotional distress in alimony or damages. Recent trends, influenced by cases like Chi Ming Tsoi v. Court of Appeals (G.R. No. 119190, 1997), emphasize mutual fidelity as essential to marriage.

Use of Maiden Name in Official Documents

The Family Code provides flexibility for married women's names, rejecting mandatory surname change.

Legal Provisions (Article 370, Family Code)

A married woman may use:

Her maiden first name and surname.
Her maiden first name and husband's surname.
Her husband's full name, prefixed by "Mrs."
Her maiden first name, her maiden surname, and her husband's surname (hyphenated or not).

No requirement to adopt the husband's surname; retention of maiden name is a right, as affirmed in Remo v. Secretary of Foreign Affairs (G.R. No. 169202, 2010), where the Supreme Court ruled passport renewals cannot force surname changes.

In Official Documents

Passports and IDs: Department of Foreign Affairs and Philippine Statistics Authority (PSA) allow maiden name use, with marriage certificate as proof if needed. RA 9048 (Clerical Error Law) permits corrections without court order.
Professional Licenses: Allowed under PRC regulations; e.g., lawyers retain maiden names in rolls.
Banking and Property: Deeds may use either, but consistency advised to avoid disputes.
Elections: COMELEC permits maiden name on voter registration.
Employment: No discrimination for using maiden name (Labor Code, Article 135).

Consequences of Misuse or Inconsistency

Fraud: Using false names in documents can lead to falsification charges (Article 172, RPC), punishable by prisión correccional.
Civil Disputes: In inheritance or contracts, inconsistency may require affidavits or court clarification.
Divorced/Annulled Women: Revert to maiden name automatically (Article 371), but legal separation does not (must petition).

Special Cases

Widows: May retain husband's surname or revert (Article 373).
Illegitimate Children: Mother's maiden name used (Article 176, as amended by RA 9255).
Gender Equality: Aligns with CEDAW commitments; bills like House Bill No. 10098 (2023) propose further reforms for name equality.

Evolving Legal Landscape

While infidelity laws remain stringent, reform calls persist, including decriminalization proposals amid divorce bills (e.g., House Bill No. 9349, 2024). Maiden name use reflects gender progress, but challenges like bureaucratic hurdles linger. Individuals should consult lawyers for case-specific advice, as jurisprudence evolves.

This comprehensive overview underscores the interplay between personal conduct, family stability, and legal accountability in the Philippines.