Marital Infidelity Laws in the Philippines
(Adultery, Concubinage, VAWC, and Related Civil & Criminal Remedies)
1. Overview
The Philippines is one of the few countries that still criminalise extra-marital sex. Two separate felonies punish it—adultery (Art. 333) and concubinage (Art. 334) of the Revised Penal Code (RPC). These coexist with civil remedies under the Family Code (EO 209) and with a newer criminal remedy—Republic Act 9262 (Anti-VAWC, 2004), which treats marital infidelity as a form of psychological violence. Law-makers have repeatedly filed bills to repeal or equalise these provisions, but none have yet passed as of May 2025. (Lawphil, Lawphil, Lawphil, Senate Legislative Document Repository)
2. The Criminal Offences
| Aspect | Adultery (Art 333) | Concubinage (Art 334) |
|---|---|---|
| Who may be principal | Married woman | Married man |
| Acts punished | Any sexual intercourse with a man not her husband | (a) Keeping a mistress in the conjugal dwelling OR (b) Cohabiting in another house OR (c) Sexual intercourse under scandalous circumstances |
| Liable third party | Her male partner (marital status irrelevant) | His female partner (the “concubine”) |
| Penalty (after R.A. 10951, 2017) | Prisión correccional medium–maximum (2 y 4 m 1 d – 6 y) and a fine up to ₱1 000 000 | Husband: Prisión correccional minimum–medium (6 m 1 d – 4 y 2 m); Concubine: destierro (banishment 25–250 km) |
| Complaint requirement | Private offences—only the offended spouse may file, and both partners must be included; forgiveness bars prosecution | Same |
| Prescription | 5 years from discovery | 5 years from discovery |
Gender critique. The elements are harder to prove against husbands (three specific modes) and the penalties are lighter, a disparity noted by the Supreme Court and by pending reform bills. (Lawphil, Philippine Coconut Authority)
3. Violence Against Women & Their Children Act (RA 9262)
Since 2004, a wife or partner can bypass the adultery/concubinage rules and prosecute an unfaithful husband or ex-partner for psychological violence if the affair caused mental or emotional anguish to her or her child. The Supreme Court clarified in People v XX (G.R. 252739, 2024) that intent to cause anguish is presumed once infidelity is proved. Penalty: prisión mayor (up to 12 years) plus protection orders and damages—without the joinder/forgiveness limits of the RPC. (Supreme Court of the Philippines, eLibrary)
4. Civil Consequences under the Family Code
| Remedy | Ground | Key Rules |
|---|---|---|
| Legal separation | “Sexual infidelity or perversion” (Art 55[8]) | Must be filed within 5 years of the last act; condonation, consent or mutual fault bars the action. Effects: separation of property, possible forfeiture of share of the guilty spouse, but no dissolution of marriage. |
| Annulment / Declaration of nullity | Infidelity is not a ground, but a long-standing affair may evidence psychological incapacity under Art 36. | |
| Parental custody | Serious moral danger to the child may justify loss of parental authority (FC Art 263). | |
| Support & damages | The offender may still be compelled to give support; adultery can be proof of bad faith for damages in tort. |
(Lawphil)
5. Procedural & Evidentiary Notes
- Evidence of carnal knowledge. Direct proof is rare; adultery may be established by circumstantial evidence—hotel receipts, text messages + opportunity, photographs, admissions, pregnancy out of access, etc. (Respicio & Co.)
- Place of offence. The RPC is territorial; adultery abroad is not punishable in Philippine courts.
- Double jeopardy / complex prosecution. The same facts can underpin both adultery (or concubinage) and a VAWC charge because each contains a distinct element—sexual intercourse vs. psychological violence. Conviction in one is not a bar to the other. (Supreme Court of the Philippines)
- Prescription & waiver. Commences on discovery, not on the date of the act. Condonation after filing extinguishes the action.
6. Selected Jurisprudence
| Case | Year | Holding |
|---|---|---|
| Garcia v Drilon (G.R. 179267) | 2013 | Sustained constitutionality of RA 9262 despite overlap with adultery; marital infidelity may be prosecuted under VAWC. (eLibrary) |
| People v XXX (G.R. 252739) | 2024 | Presumed intent to cause anguish under VAWC once infidelity proven. (Supreme Court of the Philippines) |
| Romulo v People (G.R. 196842) | 2013 | Conviction for concubinage affirmed; cohabitation in another house proved. (Lawphil) |
| U.S. v Topacio / early cases | Various | Clarify that pregnancy is strong circumstantial evidence of adultery; destierro for concubines remains constitutional. (Lawphil) |
7. Interaction with Other Laws
- Code of Muslim Personal Laws (PD 1083). For Muslims, zina (illicit sexual relations) is an offence triable by Shari’a courts; penalties differ (t’azir up to prisión correccional).
- Child Protection Laws. If the affair involves a minor or emotionally harms a child, RA 7610 or additional VAWC counts may apply. (RESPICIO & CO.)
- Bigamy. A bigamous second marriage is a distinct felony (Art 349 RPC) and may coexist with adultery or VAWC.
8. Reform Landscape
- HB 1340 / SB 729 (19th & 20th Congresses) – seek to decriminalise adultery and concubinage altogether.
- HB 7536 (Gender-Neutrality Bill, 18th Congress) – proposes symmetrical elements and penalties.
- PCW & CEDAW recommendations – call the current regime discriminatory and urge civil, not criminal, remedies. (Senate Legislative Document Repository, Philippine Coconut Authority)
As of May 25 2025, none of these measures have left the Committee on Revision of Laws; adultery and concubinage therefore remain active crimes.
9. Practical Take-Aways
- Choose your remedy strategically. VAWC provides stronger penalties and protective relief but applies only to violence against women and their children; adultery/concubinage apply regardless of victim’s gender but have lighter, gender-skewed penalties.
- Act within time limits. Five-year prescriptive periods (criminal and civil) run from discovery, not commission.
- Secure corroboration early. Digital traces plus eyewitness testimony are usually enough; pregnancy alone can suffice.
- Beware of condonation. Resuming cohabitation with full knowledge of the affair is legal forgiveness and bars criminal action.
- Expect parallel actions. A spouse may simultaneously file (a) VAWC, (b) adultery/concubinage, and (c) legal separation.
10. Conclusion
Philippine law treats marital infidelity through a mosaic of colonial-era penal provisions, modern gender-justice statutes, and civil remedies. The coexistence of these frameworks allows offended spouses several tactical options—but also perpetuates gender asymmetry that Congress has yet to correct. Until legislative reform arrives, parties and counsel must navigate strict technical requirements (private-offence complaints, joinder, condonation) while considering whether the broader, gender-responsive Anti-VAWC statute offers a more effective path to redress.
(This article is for general information only and not a substitute for personalised legal advice.)