In the Philippines, marriage is considered an "inviolable social institution" protected by the State. Consequently, when a spouse enters into a relationship with a third party, the legal system provides several avenues for the aggrieved spouse—ranging from criminal prosecution to civil and administrative sanctions.
1. Criminal Remedies: Adultery vs. Concubinage
Under the Revised Penal Code (RPC), infidelity is treated as a crime against chastity. However, the law distinguishes between the acts of a wife and a husband.
Comparison of Crimes
| Feature | Adultery (Art. 333) | Concubinage (Art. 334) |
|---|---|---|
| Offender | A married woman. | A married man. |
| Requirement | A single act of sexual intercourse with a man not her husband. | Must meet specific conditions (see below). |
| The Third Party | The man who has carnal knowledge of her, knowing she is married. | The concubine (mistress). |
| Penalty | Prision correccional (medium and maximum periods). | Prision correccional (minimum and medium) for the husband; Destierro for the mistress. |
The "Double Standard" in Concubinage
To convict a husband of Concubinage, the aggrieved wife must prove one of three specific circumstances:
- He keeps a mistress in the conjugal dwelling.
- He has sexual intercourse with her under scandalous circumstances.
- He cohabits with her in any other place (living together as husband and wife).
2. Remedies under the Family Code
While the Philippines does not have "no-fault" divorce, the Family Code offers civil remedies to address the breakdown of the marriage.
Legal Separation (Art. 55)
Sexual infidelity or perversion is a valid ground for Legal Separation.
- Effect: The spouses are allowed to live separately and the property regime is dissolved.
- Limitation: The marriage bond is not severed; neither spouse can remarry.
- Prescription: The action must be filed within five years from the time the aggrieved spouse learned of the infidelity.
Declaration of Nullity (Art. 36)
While infidelity itself is not a direct ground for annulment, it is frequently used as evidence of Psychological Incapacity. If the offending spouse's chronic infidelity is linked to a deep-seated psychological condition that prevents them from complying with essential marital obligations, the marriage may be declared void ab initio (from the beginning).
3. Republic Act No. 9262 (VAWC)
The Anti-Violence Against Women and Their Children Act of 2004 provides a powerful remedy for wives. Infidelity is recognized as a form of psychological violence.
- Psychological Distress: Marital infidelity that causes mental or emotional suffering to the wife can be penalized under this law.
- Protection Orders: A wife may apply for a Temporary or Permanent Protection Order (TPO/PPO) to remove the husband from the residence and prevent further harassment.
- Criminal Liability: Penalties under RA 9262 are often more severe than those for Concubinage and do not require the strict "cohabitation" elements of the RPC.
4. Administrative and Professional Sanctions
If the offending spouse or the third party is a professional or a government employee, the aggrieved spouse can file administrative complaints.
- Government Employees: "Disgraceful and Immoral Conduct" is a ground for suspension or dismissal from service under Civil Service rules.
- Lawyers: A complaint for Disbarment may be filed with the Integrated Bar of the Philippines (IBP) or the Supreme Court for violation of the Lawyer’s Oath and the Code of Professional Responsibility (specifically, Rule 1.01 regarding "immoral conduct").
- Military/Police: Similar codes of conduct apply, where "conduct unbecoming of an officer" can lead to a court-martial or administrative discharge.
5. Property, Custody, and Support
Infidelity significantly impacts the civil rights of the offending spouse:
- Custody of Children: The "Best Interests of the Child" rule applies. While the law (Art. 213) generally favors the mother for children under seven, a mother’s "moral depravity" (if proven) can be a ground to deny her custody.
- Support: An offending spouse who abandons the family for a new partner may be legally compelled to provide financial support. Under RA 9262, the court can issue a "Support Order" which can involve the automatic deduction of alimony from the offender's salary.
- Disqualification from Inheritance: A decree of legal separation disqualifies the offending spouse from inheriting from the innocent spouse by way of intestate succession. Moreover, provisions in a will made in favor of the offending spouse are revoked by operation of law.
Important Note: Under Philippine law, pardon or consent is a total defense. If the aggrieved spouse has "acquiesced" to the infidelity or has lived with the offending spouse after knowing of the affair, they may be barred from filing criminal charges for Adultery or Concubinage.