Legal Remedies Available to a “Mistress” in the Philippines
(and the liabilities she must watch out for)
Abstract
In Philippine society, the label “mistress” refers to a woman who maintains an intimate relationship with a man legally married to someone else. Because the Family Code and related statutes are explicitly geared toward protecting the marital union, the mistress occupies an uneasy space in the law: she is neither entirely right‑less nor entirely free from liability. This article gathers, in one place, the full range of criminal, civil, administrative, and quasi‑judicial remedies that may be invoked by a mistress—and, just as importantly, the actions that may be taken against her—under current Philippine law, jurisprudence, and procedural practice as of 17 July 2025. Citations are to the Revised Penal Code (RPC), the Civil Code, the Family Code, special statutes such as Republic Act (R.A.) 9262, and leading Supreme Court decisions.
I. Preliminary Concepts
| Concept | Key Points |
|---|---|
| Marriage | A special contract that remains valid until annulled or dissolved (Arts. 1 & 2, Family Code). |
| Illicit relationship | Any sexual union outside a valid marriage. The mistress may be single, widowed, separated de facto, or even legally married herself. |
| Illegitimate child | A child conceived and born outside a valid marriage (Art. 165, Family Code). Rights flow through the child, not through the mistress. |
| Co‑ownership/Constructive trust | Doctrines the parties sometimes invoke to settle property acquired during the affair. |
II. Criminal Law Landscape
A. Possible Criminal Liability of the Mistress
Adultery (Art. 333, RPC)
- Applies only if the mistress herself is married to someone other than her partner.
- Crime is “continuing”; each sexual act constitutes one offense.
- Punishment: prisión correccional in its medium and maximum periods (2 y 4 m 1 d – 6 y).
Concubinage (Art. 334, RPC)
- The married man is prosecuted for concubinage; the mistress is only an “accomplice.”
- Requires scandalous cohabitation, maintenance in the conjugal dwelling, or sexual intercourse under scandalous circumstances.
- Penalty for the woman: destierro (banishment) for a period fixed by the court.
Bigamy (Art. 349, RPC)
- The mistress incurs liability only if she goes through a marriage ceremony with a still‑married man, knowing the impediment.
Anti‑Trafficking / Prostitution Laws
- Not ordinarily applicable unless money changes hands or exploitation is proven.
B. Criminal Law Remedies Available to the Mistress
Violence Against Women and Their Children Act (R.A. 9262)
- Allows a woman “having a sexual or dating relationship” with the offender to file criminal action for physical, sexual, psychological, or economic abuse, even if the man is married to someone else.
- Protection orders (Barangay, Temporary, or Permanent) may issue within 24 hours.
- Economic abuse can cover sudden withdrawal of financial support or eviction from shared residence.
Anti‑Photo and Video Voyeurism Act (R.A. 9995)
- If intimate images were recorded or shared without consent, the mistress may prosecute the offender regardless of marital status.
Safe Spaces Act (R.A. 11313)
- Covers harassment (online or in public) perpetrated by the legal wife, relatives, or third parties.
Cybercrime Prevention Act (R.A. 10175)
- Adds penalties when defamation or harassment is committed through ICT.
Note on Procedure: All the above crimes are public offenses; the complainant need only execute a verified complaint‑affidavit. Most are cognizable by the RTC; VAWC also by Family Courts.
III. Civil Remedies
A. Support and Filial Rights
Child Support
- An illegitimate child—through the mother—can sue the father for support under Arts. 174 & 194, Family Code.
- Action may be summary (Rule 61, Interim Rules on Family Law) or ordinary civil action.
- DNA testing can be compelled via Rule 128 or under Mendoza v. People (G.R. No. 197247, 2023).
Inheritance
- The child, not the mistress, is entitled to ½ of the legitime of a legitimate child (Art. 895, Civil Code).
- Compulsory heir status vests upon conception; action to collate begins after the putative father’s death.
B. Property Relations Between Mistress and Married Man
| Scenario | Remedy |
|---|---|
| Property bought in the man’s name with the mistress contributing funds | Action for a constructive trust or resulting trust (Art. 1456, Civil Code); imprescriptible if based on fraud. |
| Joint acquisition registered in both names | Co‑ownership exists (Art. 487, Civil Code). Either may seek partition (Rule 69, Rules of Court). |
| Hidden purchase using conjugal funds | The legal wife may recover, but the mistress may assert reimbursement for her separate contributions if proven (Art. 148, Family Code). |
C. Damages
Moral and Exemplary Damages
- Available when the married man’s acts amount to deceit, violence, or breach of promise to marry (Art. 21, Civil Code; Toring v. Ganzon, G.R. No. 190706, 2022).
- Courts rarely award if the mistress knowingly entered the illicit affair.
Quasi‑Delicts
- If injured in an accident while traveling together, ordinary tort rules apply; marital status is irrelevant.
IV. Administrative & Labor Remedies
| Forum / Statute | Relief |
|---|---|
| Barangay Justice (Katarungang Pambarangay Law) | Amicable settlement on support or property; not applicable to VAWC. |
| Commission on Human Rights | Assistance in gender‑based violence, including cases where the mistress is harassed by the legal spouse. |
| Department of Labor and Employment (DOLE) | If workplace discrimination occurs (e.g., dismissal for being a mistress), file under Art. 294, Labor Code for illegal dismissal. |
| PhilHealth / SSS | Illegitimate child may be declared a dependent; the mistress may qualify as beneficiary only upon marriage or if designated as secondary dependent in SSS Flexi‑Fund, but this is discretionary. |
V. Defenses and Procedural Strategies for a Mistress Sued by the Legal Wife
- Lack of “scandal” in concubinage complaints—mere intimacy is insufficient.
- Void Marriage Defense: If the man’s first marriage is void (e.g., psychological incapacity under Art. 36, Family Code), romantic involvement before a decree of nullity still risks concubinage; but after finality, the mistress’s liability abates.
- Prescription: Concubinage prescribes in 10 years (Art. 90, RPC).
- Compromise: Criminal concubinage and adultery are private crimes requiring complaint of the offended spouse; settlement or condonation bars prosecution (Art. 344, RPC).
VI. Remedies Against Harassment From Third Parties (Legal Wife, In‑Laws, Public)
- Civil Action for Damages under Art. 26 (privacy), Art. 21 (willful injury), or Art. 19 (abuse of right).
- Protection Orders under R.A. 9262 against the legal wife if her harassment constitutes psychological violence.
- Anti‑Cyberbullying Complaints before the PNP‑ACG or NBI‑CCD for doxxing and malicious posts.
VII. Cross‑Border & OFW Concerns
- Recognition of Foreign Support Orders: File exequatur under Rule 39, §48 for enforcement in PH.
- International Child Abduction: The Hague Convention (effective in PH since 2016) allows return proceedings even if the mother is a mistress.
- OFW Repatriation: OWWA may still assist if the woman is an OFW, regardless of moral issues.
VIII. Ethical and Practical Considerations for Counsel
- No “paramour privilege”: Attorney‑client confidentiality applies, but lawyers must not facilitate the continuation of an illicit affair.
- Conflict of Interest: Avoid representing both the married man and the mistress.
- Settlement Drafting: Include non‑disparagement and confidentiality clauses; ensure no waiver of future support for minors (void).
IX. Legislative and Jurisprudential Trends
- Pending bills seek to de‑criminalize adultery and concubinage or to make concubinage gender‑neutral.
- Supreme Court increasingly uses gender‑based violence framework to protect women even when they are the “other woman.”
- Doctrine in Tan‑Andal v. Andal (2021) on psychological incapacity focuses on incurability; could expand void marriages, indirectly reducing criminal cases.
X. Conclusion
While Philippine law does not affirmatively protect the status of a mistress, it does protect her person and her children. She can seek support, property relief, protection from violence, and damages, provided she is prepared to navigate overlapping criminal prohibitions and social stigma. Conversely, she remains exposed to prosecution for adultery or concubinage, especially if she is herself married or her relationship with a married man is scandalous. A clear understanding of these intersecting rights and liabilities allows both practitioners and affected individuals to chart an informed course—whether toward litigation, settlement, or personal closure.
Key Statutes & Cases Cited (non‑exhaustive)
- Civil Code: Arts. 19‑21, 26, 2176, 1456, 165‑174, 487, 895
- Family Code: Arts. 1‑2, 36, 148, 165‑217
- Revised Penal Code: Arts. 333‑334, 349, 344, 90
- R.A. 9262 (Anti‑VAWC Act); R.A. 9995 (Anti‑Voyeurism); R.A. 10175 (Cybercrime); R.A. 11313 (Safe Spaces Act)
- Toring v. Ganzon, G.R. No. 190706 (6 Dec 2022)
- Tan‑Andal v. Andal, G.R. No. 196359 (11 May 2021)
- Mendoza v. People, G.R. No. 197247 (2 Oct 2023)
(All citations reflect the text and jurisprudence available up to 17 July 2025.)