Below is a comprehensive discussion of the legal remedies available in the Philippines when a spouse commits infidelity. This overview covers relevant provisions in criminal law (adultery and concubinage), civil law (legal separation, annulment, declaration of nullity), and other possible remedies. Please note that the information provided here is for general guidance and does not substitute formal legal advice from a qualified attorney.

I. Criminal Aspects of Spousal Infidelity

In the Philippines, the Revised Penal Code (RPC) governs criminal liability for marital infidelity under two principal offenses: adultery (Article 333) and concubinage (Article 334). The distinction between these two crimes reflects the historical and legal framework that treats a wife’s extra-marital relationship differently from that of a husband.

1. Adultery (Article 333 of the Revised Penal Code)

Definition: Adultery is committed by a married woman who engages in sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her.
Elements:
1. The woman is legally married.
2. She engages in sexual intercourse with a man who is not her husband.
3. Both the married woman and the other man know of the marriage.
Penalty: Prisión correccional, which has a duration of six months and one day to six years. Both the wife and her paramour face the same penalty.
Important considerations:
- The husband’s complaint (or formal charge) is necessary to prosecute the crime of adultery.
- The offended spouse must include both parties (the wife and her paramour) in the criminal complaint.
- Forgiveness or pardon by the offended spouse (express or implied) can extinguish the criminal action.

2. Concubinage (Article 334 of the Revised Penal Code)

Definition: Concubinage is committed by a husband under any of the following circumstances:
1. Keeping a mistress in the conjugal dwelling.
2. Having sexual intercourse under scandalous circumstances with a woman not his wife.
3. Cohabiting with a woman in any other place.
Penalty:
- The husband: Prisión correccional in its minimum and medium periods (i.e., six months and one day to four years and two months).
- The concubine (the woman involved): Destierro (banishment), which means the woman must stay away from certain places specified by the court.
Important considerations:
- Only the wife can file the complaint for concubinage.
- Like adultery, the offended spouse’s pardon or forgiveness may bar the prosecution.

Differences Between Adultery and Concubinage

Act Involved:
- Adultery requires proof of sexual intercourse (each act of intercourse is a separate offense).
- Concubinage emphasizes either cohabitation, scandalous circumstances, or keeping a mistress in the conjugal home (though intercourse is implied under “scandalous circumstances”).
Penalty:
- Adultery carries a heavier penalty for both parties (six months and one day to six years).
- Concubinage punishes the husband with the same penalty range but typically in the lower half, while the concubine is penalized only with destierro.
Proof and Prosecution:
- In adultery, each completed act of intercourse can constitute a separate count.
- In concubinage, continued cohabitation can be considered a single continuing offense.

II. Civil Remedies and Marital Status Actions

Aside from criminal prosecution, a spouse can pursue certain civil actions and remedies regarding the marriage itself under the Family Code of the Philippines.

1. Legal Separation

Grounds: Under Article 55 of the Family Code, repeated marital infidelity or perversion (among others) is a ground for legal separation.
Effects:
1. The couple remains legally married, so they cannot remarry.
2. Community or conjugal property is separated.
3. Inheritance rights between spouses remain intact, although a spouse who is legally separated may lose some benefits.
4. The guilty spouse may lose custody of minor children if the court deems it detrimental to the children.
Procedure: A petition is filed in court. If granted, the court issues a decree of legal separation after a six-month cooling-off period, provided there is no reconciliation.
Reconciliation: If the spouses reconcile, the legal separation proceedings are terminated (or the decree set aside if already issued).

2. Annulment or Declaration of Nullity of Marriage

While infidelity alone is not a direct ground for annulment, it can sometimes be related to or serve as evidence of psychological incapacity under Article 36 of the Family Code. The grounds for declaring a marriage null and void or annulling a voidable marriage, however, are limited and do not include mere infidelity by itself. They include:

Declaration of Nullity:
- Psychological incapacity of one or both spouses (Art. 36).
- Marriage solemnized without a valid marriage license or by an unauthorized solemnizing officer under certain circumstances.
- Incestuous or void marriages under the law.
Annulment:
- Lack of parental consent (if between 18 and 21 years old at the time of marriage).
- Insanity.
- Fraud, force, or intimidation.
- Incurable sexually transmitted disease.
- etc.

Infidelity may support an allegation of psychological incapacity if it reflects a “mental incapacity to comply with the essential marital obligations,” but it must meet strict requirements set by jurisprudence (e.g., it must be “incurable,” existing before and subsisting at the time of marriage, among others).

3. Damages for Emotional Distress or Other Injuries

In very rare cases, a spouse may attempt to claim moral damages or civil damages under the Civil Code if the infidelity causes emotional or mental anguish. However, these actions are not as straightforward and require proof of actual damage or injury, as well as a specific legal basis such as Articles 19, 20, and 21 (the “abuse of rights” provisions).

III. Other Legal Considerations and Remedies

Violence Against Women and Children (VAWC) – Republic Act No. 9262
- Infidelity, in itself, is not automatically considered a form of physical or psychological violence under R.A. 9262. However, if the husband’s infidelity is accompanied by abuse—whether emotional or physical—this may trigger protection orders or criminal liability for psychological violence under R.A. 9262.
- For instance, intentionally causing “emotional anguish” or “mental suffering” can qualify under psychological violence. This is a nuanced area and will depend heavily on the specific facts of each case.
Property Distribution
- Infidelity does not automatically strip a spouse of their property rights under the law. The rules on property regimes (absolute community or conjugal partnership, depending on when the marriage was solemnized or if a pre-nuptial agreement exists) remain in effect unless altered by a court order, such as those in legal separation or annulment proceedings.
Custody of Children
- In legal separation and other family law cases (e.g., petition for support, guardianship, or custody actions), the court’s paramount consideration is the best interest of the child. While infidelity can be taken into account in determining the moral fitness of a parent, it is not always decisive in awarding custody.
Pardon and Condonation
- In both criminal and civil contexts, forgiveness or reconciliation by the offended spouse can significantly affect the case.
- In criminal cases for adultery or concubinage, express or implied pardon before the institution of the case can bar the action.
- In civil cases for legal separation, if the innocent spouse condones or forgives the infidelity, it may defeat the ground for legal separation.
Timing and Statute of Limitations
- Under Philippine law, criminal actions for adultery or concubinage must be brought within a certain period (generally five years), but crucially, the offended spouse must initiate the complaint.
- Delay can sometimes be interpreted as tacit forgiveness or condonation.
Divorce Considerations
- In general, there is no absolute divorce in the Philippines (except for Muslim Filipinos under Presidential Decree No. 1083, or if at least one spouse is a foreign national who obtains a valid divorce abroad).
- Hence, for most Filipino couples, the legal remedies remain criminal complaints (if they wish to prosecute the offending spouse) or civil actions such as legal separation or declaration of nullity of marriage.

IV. Practical Steps for the Aggrieved Spouse

Gather Evidence:
- For criminal cases (adultery or concubinage), proof of the extra-marital relation (e.g., eyewitness accounts, photographs, correspondence) is crucial. For adultery, each act of intercourse can be charged as a separate offense if proven.
- For civil cases (legal separation, annulment, VAWC), documentary and testimonial evidence of the infidelity and/or abuse is necessary.
Consult a Lawyer:
- Because the nuances of Philippine family law can be complex—especially regarding evidence and procedural technicalities—legal counsel is strongly recommended.
Decide on a Remedy:
- Whether to file a criminal complaint or pursue legal separation (or both) depends on the aggrieved spouse’s objectives and the likelihood of obtaining sufficient proof.
- If seeking to end the marriage, consider if an action for declaration of nullity or annulment (on valid grounds) may be appropriate.
Consider the Impact on Children and Property:
- Aggrieved spouses often balance the emotional, financial, and familial consequences of filing a criminal case.
- A criminal conviction for adultery or concubinage does not automatically nullify the marriage but can lead to social stigma, incarceration, and an irrevocable rift in the relationship.

V. Key Takeaways

Spousal infidelity can expose the offending spouse to criminal liability under Philippine law—adultery for wives, concubinage for husbands.
The penalties differ for adultery (both parties punished equally) and concubinage (heavier for husband, but the paramour faces banishment only).
A spouse can seek legal separation if infidelity is repetitive or grievous; however, this does not allow remarriage.
Annulment or declaration of nullity of marriage generally cannot be secured purely on grounds of infidelity, unless it shows or supports psychological incapacity or other recognized grounds.
Emotional distress resulting from infidelity may, in exceptional cases, give rise to civil damages; however, such cases require substantial proof.
Timing and evidence are critical in both criminal and civil proceedings.
Forgiveness or condonation can bar or defeat some actions, emphasizing the importance of a decisive stance by the aggrieved spouse.

Disclaimer:

This article provides a broad overview of the law on spousal infidelity in the Philippines. Given the sensitivity and potential complexity of these issues, individuals facing such situations should seek personalized legal advice from a qualified attorney. Legal requirements and interpretations may also evolve over time through legislation or jurisprudence.