Adultery is still a crime and a serious marital wrong under Philippine law, and discovering it while you are an OFW (overseas Filipino worker) raises extra practical and emotional complications. This guide walks through the legal framework, realistic options, and step-by-step actions you can take from abroad.

Important: This is general information based on Philippine law and practice as of around 2024. It’s not a substitute for advice from a Philippine lawyer who can assess your specific situation.

1. What Counts as Adultery Under Philippine Law?

Under the Revised Penal Code (RPC), Article 333, adultery is committed when:

A married woman
Has sexual intercourse
With a man not her husband,
And both know that the woman is married.

Key points:

Only the wife can be liable for adultery as the spouse; the husband who cheats commits a different crime called concubinage (Article 334).
The other man (paramour) is also criminally liable if he knew she was married.
It’s not enough that they are just “close” or “sweet.” The law focuses on sexual intercourse, though courts can infer this from strong circumstantial evidence (e.g., staying together overnight in a hotel, living like husband and wife, explicit messages).

2. Basic Legal Consequences of Adultery

2.1 Criminal liability

Penalty (for both wife and paramour): Prisión correccional in its medium and maximum periods (roughly 2 years, 4 months and 1 day up to 6 years), plus possible accessory penalties.
Adultery is a private crime:
- Only the offended husband can file the complaint.
- The State (prosecutor) cannot file on its own.
The husband must include both:
- His wife, and
- The alleged lover (paramour) as co-accused in the same complaint. You cannot charge only one of them.

2.2 Civil and family law consequences

Adultery can be a ground for:

Legal separation under the Family Code.
Damages (moral, exemplary) against the spouse and, in some cases, the paramour.
Effects on property relations and, indirectly, on child custody and support.

Adultery does not automatically:

Void the marriage;
Guarantee full custody of children;
Allow you to remarry (that would require declaration of nullity or annulment, not just legal separation).

3. Special Considerations for OFWs

Being abroad affects how you can pursue your rights, not whether you have them.

Specific OFW challenges:

Distance and time zone
- Harder to appear personally in hearings and meetings.
Evidence collection
- Most evidence (neighbors, witnesses, documents) is in the Philippines, or in the country where your spouse is.
Representation
- You will usually need a Philippine lawyer and often an attorney-in-fact in the Philippines via a Special Power of Attorney (SPA).
Immigration / employment concerns
- Court appearance may require you to take leave or risk job issues; some OFWs delay cases because of work contracts.

4. First Things to Do After Discovering Adultery

4.1 Pause and clarify your goals

Ask yourself:

Do I want to try to save the marriage, or is it over for me?
Am I interested in punishment (criminal case), separation (legal separation), or a full legal end (annulment/nullity)?
What do I want for:
- Children (custody, support)?
- Property (house, savings, business)?
- My own mental and emotional health?

Your legal strategy flows from your answers.

4.2 Safely preserve evidence

You generally need proof that:

You are legally married (marriage certificate), and
Your spouse is having an affair (and ideally who the other person is).

Common evidence:

Screenshots of messages and emails (show dates, names, contact numbers).
Photos and videos of your spouse and the paramour (e.g., kissing, in bed, entering/exiting the same room/hotel).
Hotel receipts, boarding passes, travel records showing they traveled together or stayed in the same room.
Social media posts (photos, public declarations, tagged locations, comments).
Witness statements (neighbors, relatives, co-workers who can testify to the affair).

Legal reminders:

Avoid violating anti-wiretap laws (e.g., secretly recording private communications not meant for you).
Avoid hacking accounts or illegally accessing devices.
Don’t fabricate or alter evidence—this can expose you to criminal liability.

4.3 Talk to a Philippine lawyer as early as you can

Even if you’re not ready to “press charges”:

A lawyer can explain realistic outcomes, costs, and timelines.
They can help you decide whether to file criminal, civil, family, or a combination of actions.
They can guide you in preparing an SPA so someone can act on your behalf in the Philippines.

5. Criminal Case for Adultery: Step by Step

5.1 Conditions before filing

To validly file an adultery case, the husband must:

Be legally married to the woman.
Have no consent or pardon:
- If you consented before the affair or pardoned the spouses after discovering it (expressly or impliedly), you generally lose the right to file.
Include both the wife and the paramour in the complaint.

5.2 Where and how to file

In general, you file a criminal complaint for adultery:

With the Office of the City/Provincial Prosecutor where the offense was committed (usually where the sexual intercourse or cohabitation took place).

As an OFW, you typically:

Execute a Special Power of Attorney (SPA):
- Notarized or consularized at the Philippine Embassy/Consulate in your host country.
- Authorize a trusted person (relative, friend, or lawyer) to:
  - Sign and file the complaint,
  - Receive documents,
  - Attend certain proceedings.
Provide the attorney-in-fact with:
- Your marriage certificate (PSA),
- Any birth certificates of children (if relevant),
- Copies of evidence (printed and digital),
- Your affidavit narrating the facts as you know them.

5.3 Prosecutor’s investigation

The criminal process generally involves:

Filing of complaint with supporting affidavits and evidence.
Subpoena to the wife and paramour to answer the complaint.
Clarificatory hearings (if the prosecutor deems necessary).
Prosecutor issues:
- Resolution (finding probable cause or dismissing the complaint),
- If probable cause is found, a Information (formal charge) is filed in the Regional Trial Court.

You may be required to:

Appear in hearings (physically or, sometimes, via remote means depending on court rules and discretion).
Testify, which can be challenging if you’re abroad.

5.4 Risks and practical issues

Criminal cases can be emotionally draining and lengthy.
If evidence is weak, the case may be dismissed, and you could face:
- Possible counter-charges (e.g., malicious prosecution, perjury) if you knowingly made false statements.
It may escalate conflict and affect:
- Your relationship with children.
- Possibilities for settlement of property, support, etc.

Because of these risks, some spouses:

Use the threat or potential of criminal action to negotiate, or
Decide to focus on civil/family remedies instead of (or in addition to) a criminal case.

6. Family Law Remedies: Legal Separation, Custody, Support, Property

6.1 Legal separation based on adultery

Under the Family Code, repeated physical violence or grossly abusive conduct, sexual infidelity, or perversion are recognized grounds for legal separation. Adultery clearly falls in this realm.

Effects of legal separation include:

Spouses remain married and cannot remarry.
Separation of property:
- The property regime (absolute community or conjugal partnership) is generally dissolved.
- Each spouse gets their share; further earnings become exclusive property.
The offending spouse may lose rights to:
- Receive support from the innocent spouse.
- Some inheritance rights (e.g., from the innocent spouse).
The court decides on:
- Child custody, visitation, and support.
- Property liquidation and distribution.

6.2 Where and how to file legal separation as an OFW

Generally, you file a petition for legal separation:

In the Regional Trial Court, Family Court of the:
- Province or city where you or your spouse resides in the Philippines.

As an OFW:

You hire a Philippine family lawyer.
You execute an SPA allowing the lawyer to:
- File and prosecute the petition in your name.
You provide:
- Marriage certificate (PSA),
- Birth certificates of children,
- Evidence of adultery and any related cruelty/abuse,
- Proof of your and your spouse’s properties (titles, bank records, etc.).

You may need to:

Return to the Philippines for key hearings or testimony, or
Ask the court (through your lawyer) if you can testify using deposition or other allowed modes (subject to rules and court discretion).

6.3 Child custody and support

Adultery does not automatically disqualify a parent from custody, but:

The court focuses on the best interests of the child.
The cheating spouse’s behavior can be a factor if:
- It exposes the child to immoral or harmful situations.
- It shows irresponsibility or neglect.

Expect the court to decide on:

Custody (who the child lives with),
Visitation rights for the non-custodial parent,
Child support amounts, based on:
- Needs of the child,
- Means of both parents.

As an OFW:

Your income abroad will be considered in determining your support obligations, or your right to receive support from the other spouse on behalf of the children.

6.4 Property division

Depending on your property regime (e.g., absolute community or conjugal partnership):

Properties acquired during the marriage are typically presumed community/conjugal, except for those proven exclusive (e.g., inheritance with condition).
Upon legal separation:
- Community/conjugal property is liquidated and divided.
- The guilty spouse may forfeit part of their share in favor of children or the innocent spouse, depending on circumstances and court rulings.

7. Annulment or Declaration of Nullity: Is Adultery Enough?

Short answer: No. Adultery by itself is generally not a legal ground for annulment or nullity of marriage.

However:

Adultery may be symptomatic of deeper issues like psychological incapacity (Article 36 of the Family Code), but:
- The court will look not just at cheating but at the overall personality and behavior from before and during the marriage, often requiring expert testimony.
Consult a family law specialist if you are considering nullity/annulment, as these cases are technical and evidence-heavy.

8. Civil Actions for Damages Against Spouse and Paramour

Under the Civil Code, you may:

Sue your spouse and the paramour for moral damages (for mental anguish, wounded feelings, humiliation),
And exemplary damages (to set an example and punish particularly wrongful conduct),
Possibly including attorney’s fees and litigation expenses.

Advantages:

A civil case focuses on money and recognition of your suffering, not imprisonment.
The standard of proof is preponderance of evidence (more likely than not), which is lower than in criminal cases (proof beyond reasonable doubt).

Disadvantages:

It is still lengthy, emotionally draining, and can be expensive.
Collecting on a judgment can be difficult if the spouse/paramour have no assets or income in the Philippines.

9. Protection from Abuse (If Applicable)

If the adultery involves other forms of abuse, particularly:

Economic abuse (cutting off support),
Emotional or psychological abuse (harassment, threats, humiliation),
Physical abuse,

you may have remedies under laws such as the Anti-Violence Against Women and Their Children Act (RA 9262).

Possible reliefs:

Protection Orders (Temporary, Permanent),
Orders regarding custody, support, and residence.

OFWs can often initiate complaints via:

Affidavits submitted through Philippine consulates,
Coordinating with a lawyer in the Philippines.

10. Practical Strategy Considerations for OFWs

Given the cost, emotional strain, and distance, many OFWs weigh:

10.1 When a criminal case might make sense

You want accountability and possibly deterrence.
You have strong evidence (not just suspicion).
You are prepared for a long, stressful case, possibly coming home for key stages.
You understand that imprisonment is possible but not guaranteed.

10.2 When to focus on civil/family law

You might prioritize:

Legal separation to:
- Protect your share of property,
- Regulate custody and support.
Civil damages to:
- Obtain monetary compensation (if realistically collectible).
Negotiated settlements:
- Sometimes, simply showing your readiness to file cases helps you negotiate:
  - Voluntary separation of property,
  - Child support agreements,
  - Voluntary separation from bed and board.

10.3 Co-parenting and emotional health

Even if you are deeply hurt, consider:

How ongoing conflict will affect your children.
Whether the cost and stress of multiple cases align with your personal and financial resources.
Seeking counseling or support groups (especially for OFWs, who often deal with isolation abroad).

11. Concrete Checklist for an OFW Who Just Discovered Adultery

Here’s a practical, no-nonsense checklist you can use:

Secure documents
- PSA marriage certificate
- Birth certificates of children
- Any titles, bank records, insurance policies
Collect and organize evidence
- Screenshots of chats/emails (save originals, back them up)
- Photos/videos
- Social media posts (download copies)
- Names/contact details of potential witnesses
Consult a Philippine lawyer (online if needed)
- Ask about:
  - Pros and cons of criminal adultery,
  - Legal separation,
  - Possible annulment/nullity,
  - Civil damages and/or VAWC remedies.
Prepare a detailed written timeline
- When you married, lived together, separated (if any)
- When and how you discovered the affair
- Incidents showing cruelty, neglect, or economic abuse
Execute a Special Power of Attorney (SPA)
- Before a Philippine consulate/embassy or local notary following consular instructions.
- Authorize your lawyer/relative to:
  - File and pursue cases in your name,
  - Access records,
  - Receive notices.
Decide your primary legal goal
- Punishment (criminal case)
- Protection and structure (legal separation, custody, support)
- Full end of marital ties (annulment/nullity, if legally viable)
- Or a combination, with a sequence (e.g., file legal separation first, criminal case later if needed).
Plan for your work and travel
- Check your contract and leave entitlement.
- Coordinate with your lawyer on which hearings may require your personal presence.
Protect your mental and financial health
- Avoid impulsive financial decisions (removing all support to children, selling everything in anger).
- Seek emotional support from trusted people, maybe professional counseling.

12. Final Thoughts

For OFWs, discovering a spouse’s adultery is a double burden: you’re far from home, yet the legal system you need is back in the Philippines. The law does provide tools—criminal, civil, and family-law remedies—but they require clear goals, strong evidence, and realistic expectations.

Your best immediate move is usually:

Preserve evidence,
Consult a Philippine lawyer,
Decide on a focused strategy (rather than filing everything at once).

If you’d like, you can tell me your rough situation (e.g., “married 10 years, 2 kids, she’s in Manila with the lover, I’m in Dubai, I want X and Y”), and I can help you outline a more tailored, step-by-step plan to discuss with your lawyer.