1. The legal basis
Under Article 55(8) of the Family Code of the Philippines, “sexual infidelity or perversion” committed by either spouse is an independent ground for filing a petition for legal separation. (Chan Robles Law Library)
Other closely-related provisions you will usually see invoked together with infidelity are:
| Relevant law | What it covers | Sanction / remedy |
|---|---|---|
| Family Code, Art. 55(8) | Sexual infidelity (civil) | Decree of legal separation—does not dissolve the marriage bond, but separates property and ends spousal inheritance rights |
| Revised Penal Code, Art. 333 & 334 | Adultery (wife + paramour) and concubinage (husband) | Imprisonment (different elements and penalties for each) (Respicio & Co., sc.judiciary.gov.ph) |
| RA 9262 (Anti-VAWC) | Marital infidelity that causes psychological violence to the wife or child | Criminal; penalty of prisión correccional + protection orders (sc.judiciary.gov.ph) |
2. Who may file and when
| Requirement | Where it appears | Practical effect |
|---|---|---|
| Only the “innocent” spouse may sue | Art. 56 | The unfaithful spouse cannot invoke their own infidelity to get a decree. |
| No condonation, consent, connivance or mutual guilt | Art. 56 | If you forgave the act in writing or both of you were unfaithful, the case will be dismissed. (FCB Law Office) |
| Prescription: 5 years | Art. 57 | You must file within five (5) years from the date the infidelity occurred or was discovered. (Chan Robles Law Library) |
| Cooling-off period: 6 months after filing | Art. 58 | The court cannot issue a decree sooner, except where there is domestic violence. (RESPICIO & CO.) |
3. Evidence you will need
Because a petition for legal separation is civil, you only need to prove infidelity by preponderance of evidence (more likely than not), not “beyond reasonable doubt.” Typical proof includes:
- Hotel or lodging records, travel manifests, or bank statements showing joint trips
- Screenshots or certified copies of messages, e-mails, or private photos
- Birth certificate of an out-of-wedlock child naming the spouse as parent
- Testimony of a private investigator or an eyewitness
Tip: gather both direct evidence (e.g., an admission) and corroborating circumstantial evidence to withstand a denial.
4. Step-by-step procedure in Family Court
- Consult a lawyer to assess evidence and draft the verified petition.
- File the petition in the Regional Trial Court, Family Court branch, of the province or city where you (the innocent spouse) reside or where the spouses last lived together.
- Summons & Answer – the clerk issues summons; the respondent has 15 days to answer.
- Six-month reconciliation/cooling-off period – the judge refers the couple to court-supervised mediation or counseling.
- Pre-trial & trial – presentation of evidence, cross-examination; the Office of the Solicitor General takes part to prevent collusion.
- Decision – if ground is proven and no defenses succeed, the court issues a Decree of Legal Separation; otherwise the petition is dismissed.
- Entry of judgment & registration – the decree is annotated on both spouses’ marriage certificate and on the titles of conjugal properties.
5. Legal consequences of a decree based on infidelity
| Area | Consequence |
|---|---|
| Property | Separation of property regime automatically replaces the conjugal/community regime. The court may award up to all of the net conjugal/community property to the innocent spouse. (Respicio & Co.) |
| Inheritance | The guilty spouse loses intestate succession rights from the innocent spouse and vice-versa. |
| Support & custody | Both parents retain parental authority; support for common children continues. |
| Ability to remarry | Not allowed. Only an annulment or a future divorce law (not yet enacted as of 2025) will dissolve the marriage bond. |
| Use of family home | Court may grant exclusive use to the innocent spouse and children. (Respicio & Co.) |
6. Strategic pointers
- Parallel or alternative actions. You can (a) file adultery/concubinage before the proper prosecutor; (b) seek VAWC protection orders if psychological violence exists; and/or (c) file for nullity/annulment if psychological incapacity or other grounds are present.
- Watch the 5-year clock. If the last known act of infidelity happened on, say, 20 May 2020, your petition must be filed on or before 20 May 2025.
- Avoid implied forgiveness. Continued cohabitation after full knowledge of the affair is often viewed by courts as condonation.
- Expect time and cost. A contested case commonly runs 2–3 years in metropolitan areas and entails filing fees (₱5 000 – 10 000 on average) plus lawyer’s fees.
- Settlement is possible. The parties may agree on support and property division, but the ground still has to be proved—courts will not issue a decree by mere agreement.
Disclaimer: This overview is for general information only and is not a substitute for personalized advice. Because family-law cases are fact-driven, consult a Philippine lawyer who can review your evidence and apply the law to your specific circumstances.