Updated for the Family Code, the Revised Penal Code (RPC), and key special laws such as the Anti‐Violence Against Women and Their Children Act (RA 9262). This is general information, not legal advice.

1) The Legal Landscape at a Glance

Criminal law
- Adultery (RPC Art. 333): Punishes a married woman who engages in sexual intercourse with a man not her husband, and punishes the man who knows she is married. Each act of intercourse is a separate offense.
- Concubinage (RPC Art. 334): Punishes a married man who (a) keeps a mistress in the conjugal dwelling, or (b) has sexual intercourse with another under scandalous circumstances, or (c) cohabits with her in any other place; the concubine is penalized more lightly.
- Bigamy (RPC Art. 349): Contracting a second marriage while the first is valid.
Civil/Family law
- Legal separation (Family Code Arts. 55–66): Sexual infidelity is a ground. Marriage remains; property regime dissolves; spouses live separately; custody/support adjudicated.
- Nullity/annulment: Infidelity by itself is not a ground, but may evidence psychological incapacity (Art. 36) if it shows grave, juridically antecedent, and persistent personality disorder.
- Torts (Civil Code Arts. 19–21): A spouse (and in some cases, a paramour) may be held civilly liable for acts that cause injury in a manner contrary to morals, good customs, or public policy (e.g., calculated humiliation).
Special law (RA 9262 – VAWC):
- “Psychological violence” includes acts causing mental or emotional anguish. Marital infidelity, when causing such anguish to a woman (wife or former partner) or her child, can be prosecuted or enjoined via Protection Orders (BPO/TPO/PPO), including exclusive use of the residence.

2) Criminal Remedies: Adultery & Concubinage

2.1 Who may file and how

Only the offended spouse can file, via a sworn written complaint (private crimes).
If both offenders are alive, both must be included in the complaint.
Consent or pardon by the offended spouse bars prosecution (must be given before filing; implied consent during the affair can also bar in practice).

2.2 Elements and proof

Adultery: (1) the woman is married; (2) sexual intercourse with a man not her husband; (3) the man knew of the marriage.
Concubinage: (1) the man is married; (2) any of the qualifying modes (mistress in conjugal dwelling, scandalous sexual intercourse, or cohabitation).
Evidence: hotel receipts, photos/videos, messages, admissions, witness testimony.
- Caution: The Anti-Wiretapping Act makes secret audio recordings without consent generally inadmissible and criminal. Avoid illegal surveillance.

2.3 Penalties (high-level)

Adultery: imprisonment for both the wife and paramour (correctional penalty tier).
Concubinage: lighter imprisonment for the husband; the concubine typically suffers destierro (banishment) or lesser penalty.
Prescription: These offenses generally prescribe in 10 years (correctional tier), but timing/trigger rules are technical—consult counsel for case-specific computation.

2.4 Venue and procedure

File with the City/Provincial Prosecutor where the offense occurred (place of intercourse or cohabitation). Prepare to present prima facie evidence at inquest/prelim investigation.

3) Civil/Family Remedies

3.1 Legal separation

Ground: Sexual infidelity (adultery/concubinage).
Deadline: Must be filed within 5 years from discovery of the ground.
Effects (Art. 63):
- Spouses live separately; marriage bond remains.
- Dissolution and liquidation of the property regime (see 3.3).
- Custody to the innocent spouse as a rule; support and visitation set by the court.
- Offending spouse may be disqualified from inheriting from the innocent spouse by intestacy; dispositions in favor may be revoked.

3.2 Declaration of nullity/annulment

Infidelity isn’t a stand-alone ground.
Psychological incapacity (Art. 36): Infidelity may evidence a grave, antecedent, and incurable personality disorder undermining essential marital obligations (jurisprudence evolved—standards emphasize totality and proofs from behavior).
Effects: Marriage void/voidable; consequences to children’s legitimacy, property, use of surnames, and spousal support differ from legal separation.

3.3 Property regime and money spent on the affair

Most marriages default to Absolute Community or Conjugal Partnership.
Illicit expenses (gifts, trips, rent) made with community/conjugal funds can lead to reimbursement in favor of the innocent spouse upon liquidation.
Forfeiture of benefits: Courts may forfeit the offending spouse’s share in net profits in favor of common children (or as justice requires).

3.4 Civil damages (torts)

Under Arts. 19–21, a spouse (and sometimes the third party) may be liable for moral, exemplary, and actual damages for acts against morals/good customs (e.g., flaunted cohabitation, public humiliation). Outcomes are fact-sensitive.

4) Marital Home & Family Home: Rights and Protections

4.1 The “family home”

Arises by operation of law upon marriage or family occupancy.
Exempt from execution with statutory exceptions (e.g., taxes, prior debts for the purchase/construction, or debts secured by a mortgage on it).
Alienation/encumbrance requires consent of both spouses. If a spouse unreasonably withholds consent, the other may seek court authorization.

4.2 Exclusive use/possession during disputes

Provisional reliefs in legal separation, nullity, or annulment cases: courts may grant exclusive use of the family home to one spouse (often the custodial parent) pendente lite.
RA 9262 Protection Orders can:
- Exclude the offending spouse from the residence (even if the property is in that spouse’s name).
- Award temporary or permanent custody, support, and stay-away orders.
- Be issued as BPO (Barangay; summary), TPO (ex parte by court), or PPO (after hearing).

4.3 Preventing sale or mortgage behind your back

Register adverse claims or annotate notices on the title (if titled land/condo).
Notify banks/registry that the property is a family home; without spousal consent, disposition is voidable/void depending on regime and circumstances.

4.4 Ejecting a third party from the home

Combine injunction (civil) or protection orders (RA 9262) with criminal action where warranted. Police assistance may be sought to enforce exclusion provisions in POs.

5) Children: Custody, Support, Legitimacy

Custody: In legal separation/nullity cases, courts decide best interests of the child; children under seven are generally not separated from the mother unless compelling reasons.
Support: Both parents owe support to legitimate and illegitimate children in proportion to means/needs; the community/conjugal estate may be tapped pendente lite.
Illegitimate children from the affair: The erring parent owes support if paternity/maternity is established; conjugal/community funds cannot lawfully be diverted for this, subject to liquidation/accounting.

6) Evidence: Smart, Lawful, and Strategic

Lawful collection only. Avoid illegal recordings (Anti-Wiretapping Act) and hacking; such evidence can be excluded and may expose you to liability.
Corroborate: travel logs, banking records, admissions, neighbors’ testimony, digital footprints (lawfully obtained), hotel/condo logs, CCTV (from lawful sources), and expert psychological reports (for RA 9262 or Art. 36 theories).
Preserve metadata and maintain a chain of custody for digital evidence.

7) Choosing a Path: Decision Framework

Immediate safety & stability
- If there’s harassment, stalking, or humiliation causing distress to you/children: seek a BPO/TPO for stay-away orders and exclusive home use.
Criminal exposure
- If you want penal accountability and leverage: consider adultery/concubinage complaints (mind the consent/pardon bar and proof burdens).
Status and property consequences
- If you want to separate lives and liquidate property while keeping the bond: legal separation.
- If you believe the marriage was void/voidable from the start or meets Art. 36: consider nullity/annulment instead.
Civil damages
- When public humiliation or outrageous conduct occurred: explore a tort suit for moral/exemplary damages (often paired with family cases).
Children first
- Secure interim custody, support pendente lite, schooling, passports/hold-departure where appropriate.

8) Practical Do’s and Don’ts

Do:

Consult a family-law practitioner early; map remedies and timelines.
Document expenses traceable to the affair for reimbursement at liquidation.
Secure the title and annotate where appropriate; monitor the Registry of Deeds for dealings.
Consider mediation for parenting plans even when pursuing formal cases.

Don’t:

Engage in self-help that violates criminal laws (wiretapping, forcible entry, threats).
Publicly shame parties on social media; it can boomerang in court and affect damages/custody findings.
Vacate the family home without a plan—possession matters for interim orders.

9) Timelines & Intersections

Criminal vs civil/family cases may proceed independently; one does not necessarily suspend the other.
Filing windows:
- Legal separation: 5 years from discovery of the ground.
- Criminal adultery/concubinage: generally 10-year prescriptive period (correctional tier), but computation is technical; secure counsel’s advice.
Protection orders: obtainable immediately and enforceable by police.

10) Checklist: Preparing to Act

Your marriage certificate; children’s birth certificates.
Proof of residence/ownership (title, tax decs, lease).
Evidence of infidelity (lawfully obtained).
Financial records showing illicit dissipation of community/conjugal funds.
Any incidents of emotional/psychological abuse for RA 9262 relief.
Draft a parenting plan (custody, visitation, support).
Identify urgent interim reliefs: exclusive home use, support pendente lite, custody orders, hold-departure orders, protection orders.

11) FAQs

Q: Can I force the sale of the family home now? A: Not while the marriage/property regime is intact unless both consent or the court authorizes. Upon dissolution/liquidation, the court may approve sale or award use.

Q: The title is solely in my spouse’s name. Do I still have rights? A: Yes, if acquired during the marriage under the applicable regime, it may still be community/conjugal property; and if it’s the family home, spousal consent is required for alienation.

Q: Can the mistress be sued even if we don’t file concubinage? A: Potentially, under Art. 19–21 tort claims, depending on proof of wrongful, injurious conduct. Outcomes vary.

Q: Does infidelity automatically prove psychological incapacity (Art. 36)? A: No. It may support the claim only when it evidences a grave, antecedent, and incurable personality disorder manifesting as inability to assume essential marital obligations.

12) Key Takeaways

You have four principal lanes: (1) Protection Orders, (2) Criminal case, (3) Legal separation or (4) Nullity/Annulment, often paired with (5) Civil damages and (6) Property safeguards.
Marital home rights are robust: consent for disposition, exclusive use via court orders/VAWC POs, and exemptions from execution protect residence and stability.
Strategy should prioritize safety, children’s interests, and asset preservation, then accountability.

Final note

Every case turns on facts and timing. A focused consult with a Philippine family-law attorney—armed with the checklist and objectives above—will help you select the remedy (or combination) that best protects you, your children, and your home.