In the Philippine legal system, relationships involving a married person and a third party—often colloquially termed "mistresses," "paramours," or "third parties"—exist in a complex and often precarious space. While the law primarily focuses on protecting the sanctity of marriage, it also provides specific mechanisms to prevent harassment, violence, and extrajudicial retribution against individuals, regardless of their marital or relational status.
The Constitutional and Civil Foundation
The starting point for legal protection is the Philippine Constitution, which guarantees the right to due process, equal protection of the laws, and the right against "cruel, degrading, or inhuman punishment." Furthermore, the Civil Code of the Philippines (Article 26) mandates that every person shall respect the dignity, personality, privacy, and peace of mind of their neighbors and other persons.
This means that even if a person is involved in an extramarital affair, they do not forfeit their basic human rights. They cannot be legally subjected to physical violence, public shaming (cyberlibel), or persistent stalking by an aggrieved spouse without the spouse themselves facing legal consequences.
Republic Act No. 9262 (VAWC)
The Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262) is a potent tool, but its application in these scenarios is nuanced.
- Protection for the Spouse: Usually, the legal wife invokes this law against the husband. However, if the husband uses the "third party" as a tool to psychologically or emotionally abuse the wife, the wife can seek protection orders.
- Protection for the Third Party: If the third party is a woman and is in a "dating relationship" (as defined by the law) with the married man, she is also protected under R.A. 9262. If the married man becomes abusive—physically, verbally, or emotionally—the third party can apply for a Temporary Protection Order (TPO) or a Permanent Protection Order (PPO) against him.
- Harassment by the Legal Spouse: If the legal spouse harasses the third party, R.A. 9262 generally does not apply between them because there is no "dating or intimate relationship" between the two women. In this case, the third party must look to other statutes.
The Safe Spaces Act (Bawal Bastos Law)
Republic Act No. 11313, or the Safe Spaces Act, provides critical protection against gender-based streets and public spaces sexual harassment, as well as online sexual harassment.
If an aggrieved spouse or their associates engage in the following against the third party, they may be liable:
- Online Harassment: Posting photos without consent with the intent to humiliate, creating fake accounts to spread vitriol, or sending threats via social media.
- Public Humiliation: Cursing, wolf-whistling, or making derogatory remarks in public places (malls, streets, workplaces).
Criminal Laws Against Harassment
Beyond specialized acts, the Revised Penal Code (RPC) offers several avenues for protection:
| Offense | Description |
|---|---|
| Grave or Light Threats | When a person threatens another with a wrong amounting to a crime (e.g., "I will kill you" or "I will burn your house"). |
| Grave or Light Coercion | Preventing a person from doing something lawful or compelling them to do something against their will using violence or intimidation. |
| Unjust Vexation | A "catch-all" provision for conduct that irritates, vexes, or disturbs the mind of another person without causing physical harm. |
| Libel / Cyberlibel | Public and malicious imputation of a crime, vice, or defect, intended to cause dishonor or contempt. Posting about an affair online with the intent to shame is a common ground for cyberlibel. |
The Writ of Amparo and Habeas Data
In extreme cases where the harassment escalates to threats against life, liberty, or security, or when privacy is severely breached through the unauthorized collection of personal data:
- Writ of Amparo: A remedy available to any person whose right to life, liberty, and security is violated or threatened.
- Writ of Habeas Data: A remedy for a person whose right to privacy in life, liberty, or security is violated by an unlawful gathering of data or information.
Counter-Charges and the Defense of "Adultery" or "Concubinage"
It is crucial to note that while a third party can seek protection against harassment, they may simultaneously face criminal charges under the RPC:
- Adultery: Filed against a married woman and her lover.
- Concubinage: Filed against a married man and his mistress (under specific conditions like cohabitation or "scandalous circumstances").
However, the existence of these potential criminal charges does not grant the legal spouse a license to harass. In the eyes of Philippine law, "two wrongs do not make a right." A spouse who resorts to physical violence or public defamation as a "revenge" tactic can find themselves as a defendant in a criminal case even while they are the "victim" in a marital infidelity case.
Summary of Legal Recourse
- For Physical Threats: File for a TPO (if applicable) or a criminal complaint for Grave Threats.
- For Social Media Attacks: File a complaint for Cyberlibel or violations of the Safe Spaces Act.
- For Persistent Disturbance: File a complaint for Unjust Vexation.
- For Privacy Breaches: Seek a Writ of Habeas Data.