1) The first legal reality check: “Deportation” is often the wrong concept

In everyday speech, people use “deportation” to mean any of the following:

(A) Forcing an OFW spouse/partner to be sent back to the Philippines (from the host country)
(B) Barring an OFW from returning to the host country (cancellation/blacklisting)
(C) Removing the alleged third party (“kabit”) from the Philippines (if the third party is a foreign national)
(D) Forcing a spouse to come home or punishing them for cheating

Legally, these are very different.

Deportation (strict legal meaning)

Deportation is an immigration remedy exercised by a sovereign state (the host country, or the Philippines for foreign nationals inside the Philippines). It is not a private right that a spouse can “request” and automatically obtain.

Repatriation

Repatriation is the process of returning a Filipino abroad to the Philippines—often for welfare, distress, labor disputes, or emergencies—typically coordinated through Philippine posts/POLO/DMW mechanisms. It is not a punishment.

What this means in plain terms

You cannot “deport” a Filipino citizen from the Philippines.
You cannot compel a foreign country to deport a Filipino OFW merely because you suspect infidelity.
You may report immigration/labor violations to the proper authorities (host country or Philippine Bureau of Immigration for aliens), but infidelity alone is generally not a deportation ground under Philippine immigration law, and reporting carries serious legal and practical risks if false or malicious.

2) Can you have an OFW spouse “deported” from the host country because of cheating?

The short answer

In Philippine law: no. The Philippines cannot order it, and a private spouse cannot demand it.

What could happen (host-country dependent)

Only the host country can deport. Deportation abroad typically happens because of:

Immigration violations (overstaying, working without the proper permit, absconding from sponsor/employer in systems that regulate this)
Criminal charges/convictions in the host country
Public order / morality offenses in jurisdictions that criminalize relationships outside marriage
Employment/contract violations that lead to visa cancellation (some visas are tied to employment)

Important: Some destinations have strict morality laws; reporting “adultery/illicit relations” can expose the person you report to detention, criminal prosecution, fines, imprisonment, and deportation—and may also expose other people (including the alleged partner) to criminal liability under that host country’s laws.

What Philippine agencies can and cannot do

Philippine labor and welfare institutions (e.g., Department of Migrant Workers (DMW) and posts abroad) primarily handle worker welfare, disputes, repatriation assistance, and labor protection.
They generally do not function as a “deportation request channel.”
They also cannot override host-country immigration due process.

3) Can you “deport” the alleged third party (“kabit”) from the Philippines?

This depends entirely on citizenship.

If the third party is Filipino

There is no deportation remedy. Deportation is an immigration consequence for foreign nationals, not citizens.

If the third party is a foreign national

Deportation might be legally possible, but not because of “being a kabit.” The Bureau of Immigration typically acts on immigration grounds such as:

Overstaying / expired visa
Misrepresentation or fraud in immigration documents
Working without authorization
Being an “undesirable alien” under immigration law standards
Conviction for certain crimes (and other statutory grounds)

Key point: “Having an affair” is not, by itself, an immigration violation in the Philippines. However, if the foreign national’s presence is unlawful or they have committed deportable acts, a complaint could result in investigation and possible removal—subject to due process.

Abuse of the immigration process can backfire

A knowingly false or malicious complaint can create exposure to:

Criminal liability (depending on acts committed: perjury/falsehood-related offenses, harassment-related offenses)
Civil liability for damages (malicious prosecution, abuse of rights, etc.)
Counter-complaints (including cyber-related offenses if evidence was obtained illegally)

4) The core Philippine legal remedies when infidelity is suspected (and what they actually achieve)

A) Criminal cases under the Revised Penal Code: adultery and concubinage

Philippine law still recognizes two “marital infidelity” crimes:

1) Adultery (Revised Penal Code, Article 333)

Typically applies where the wife has sexual intercourse with a man not her husband.
The wife and the paramour are both liable.

Practical realities:

Requires proof of sexual intercourse beyond reasonable doubt (a high bar).
It is a private crime: generally, only the offended spouse can initiate the complaint, and legal rules on pardon/consent/condonation can bar the case.

2) Concubinage (Revised Penal Code, Article 334)

Applies where the husband:
1. keeps a mistress in the conjugal dwelling; or
2. has sexual intercourse under scandalous circumstances; or
3. cohabits with her in any other place.

Practical realities:

Also a private crime requiring the offended spouse’s complaint.
The legal definition is narrower than “cheating,” which is why many affairs do not neatly fit concubinage elements.

The biggest jurisdiction problem for OFW situations

Philippine criminal law is generally territorial. If the alleged sexual act occurred abroad, adultery/concubinage prosecution in the Philippines is often not workable as a matter of jurisdiction, unless the actionable conduct fitting the offense occurred in the Philippines.

Translation: “OFW cheated abroad” is commonly not a clean fit for adultery/concubinage prosecution here.

B) Family law remedies: legal separation, nullity, annulment

These are often more relevant than criminal cases because they directly address the marriage and family consequences.

1) Legal separation (Family Code, Article 55)

Sexual infidelity is an express ground. Legal separation:

Allows spouses to live separately
Leads to separation of property and other civil effects
Does not dissolve the marriage bond (no right to remarry)

Common misconceptions:

Legal separation does not automatically mean deportation, imprisonment, or automatic loss of custody.
It is a civil action; it does not depend on criminal conviction.

Time sensitivity: Legal separation actions have strict rules, including time-related limitations and defenses such as condonation/consent/connivance/collusion, which can defeat the petition.

2) Annulment (voidable marriage) (Family Code, Article 45)

Annulment applies only for specific grounds (e.g., lack of parental consent at the time, fraud of specific kinds, force/intimidation, impotence, serious STD existing at marriage, etc.). Infidelity by itself is not an annulment ground.

3) Declaration of nullity (void marriage)

A void marriage (e.g., lack of license, bigamous marriage, psychological incapacity under Article 36, etc.) can be declared null.

Infidelity is not automatically “psychological incapacity.” But in some cases, repeated infidelity can be used as supporting evidence of deeper issues—though courts require much more than “he/she cheated.”

C) Violence Against Women and Their Children (RA 9262): where infidelity overlaps with “psychological violence”

RA 9262 can apply when conduct causes mental or emotional anguish to a woman (and/or her child), including patterns of humiliation, intimidation, coercion, or other abusive behavior.

In practice, issues around infidelity sometimes appear in RA 9262 cases when the cheating is accompanied by:

Cruel or humiliating treatment
Threats
Economic abuse (e.g., withholding support, controlling money)
Harassment (including persistent messaging, stalking, public shaming)

Protection Orders (BPO/TPO/PPO)

Protection orders can include:

Stay-away directives
Removal from the shared residence (in appropriate cases)
Temporary custody arrangements
Support orders and related relief

What RA 9262 does not do: it is not a deportation tool.

D) Child support and financial remedies (often the most urgent in OFW cases)

If the OFW spouse stops providing support, Philippine law provides mechanisms to seek:

Support pendente lite (support while the case is ongoing)
Support orders tied to custody and family proceedings
In appropriate cases, economic abuse theories under RA 9262 (context-specific)

Enforcement becomes easier if the respondent has:

Assets in the Philippines
A bank account, property, or income stream reachable by Philippine processes
A need to return to the Philippines (risk of warrant/arrest in criminal cases if one is filed and probable cause is found)

Cross-border wage enforcement depends heavily on the host country’s system and practical realities.

5) What not to do: evidence-gathering that creates criminal exposure

When emotions run high, people often gather “proof” in ways that later destroy the case—or create a case against them.

A) Illegal recording (Anti-Wiretapping Law, RA 4200)

Recording private conversations without consent can be criminal, even if the content is “incriminating.”

B) Hacking / unauthorized access (Cybercrime Prevention Act, RA 10175)

Accessing someone’s email, social media, or messages without authority—even if you know their password or share a device—can create cybercrime exposure depending on how access was obtained and used.

C) Posting accusations online (Libel/Cyberlibel; privacy laws)

Publicly naming and shaming an OFW spouse or alleged third party online can lead to:

Libel (Revised Penal Code)
Cyberlibel (RA 10175)
Potential privacy-related violations depending on the content shared

D) Sharing intimate images or videos (Anti-Photo and Video Voyeurism Act, RA 9995)

Even if a person “deserves it” morally, distributing intimate content is a serious criminal risk.

6) What evidence is usually relevant (and legally safer to obtain)

Evidence needs vary by remedy:

For legal separation (civil)

Courts may accept credible proof of sexual infidelity through a combination of:

Admissions (written messages, sworn statements)
Hotel records (lawfully obtained)
Photographs/public posts
Consistent communications showing an affair, cohabitation, or relationship behavior
Witness testimony (carefully assessed)

For adultery/concubinage (criminal)

The burden is beyond reasonable doubt. Evidence must be much stronger, and defenses/technical requirements matter greatly.

For RA 9262 (psychological/economic abuse)

Evidence often focuses on:

Harassing or humiliating messages
Threats
Documented emotional harm
Financial withholding/non-support
Patterns of coercion/control

For electronic evidence generally

Screenshots alone can be attacked as fabricated unless properly supported. Courts look for:

Authentication
Context (full threads, timestamps, account identifiers)
Consistency with other evidence

7) Cross-border complications when the respondent is an OFW

A) Serving court papers

Family cases can proceed even if the respondent is abroad, but service of summons and due process steps must be followed, which can take time.

B) Criminal cases and “forcing return”

A Philippine criminal case can result in:

Prosecutor finding probable cause
Court-issued warrants
Arrest upon entry into the Philippines

But it does not automatically cause:

Deportation from the host country
Extradition (especially for offenses not covered by treaties or not extraditable in practice)

C) Mixed marriages and foreign divorce

If a Filipino is married to a foreign national and a valid divorce is obtained abroad by the foreign spouse (or in a way recognized under Philippine standards), Philippine law may allow judicial recognition that can change marital status for the Filipino spouse—this is not “deportation,” but it can be decisive for moving on legally.

8) Common myths—debunked

“Cheating automatically ends the marriage.” No. In the Philippines, marriage is not dissolved by infidelity alone.
“I can have my OFW spouse deported if I show proof to the embassy.” Embassies/consulates do not deport; host-country immigration does, under host-country grounds and processes.
“I can deport the kabit.” Only if the kabit is a foreign national and there are valid immigration grounds—not merely because of the affair.
“Screenshots are enough to win.” Screenshots can help, but without authentication and lawful acquisition, they can fail—or create liability.
“Reporting to the employer/agency is a legal shortcut.” It can trigger blowback: defamation claims, retaliation, employment consequences that don’t solve support/custody/property issues, and escalated conflict.

9) What is legally possible vs. what isn’t (tight summary)

Legally possible (Philippine context)

Family cases: legal separation; nullity/annulment (if proper grounds exist); support; custody and visitation arrangements
Protection orders (especially where harassment, threats, or abuse exists)
Criminal cases where jurisdiction and elements are met (adultery/concubinage in limited circumstances; other crimes like threats, harassment, economic abuse theories under RA 9262 where applicable)
Immigration complaints against a foreign third party in the Philippines only on legitimate immigration grounds

Not legally possible (or not within Philippine control)

“Deporting” a Filipino OFW from the Philippines
Forcing a host country to deport an OFW purely because of suspected infidelity
Deporting a Filipino “kabit”
Using Philippine legal processes as a guaranteed way to compel immediate return from abroad

Conclusion

In OFW-infidelity situations, “deportation” is rarely a Philippine-law solution and is often outside private control even abroad. Philippine remedies are strongest when they target what Philippine courts can actually order: marital status relief, protection from abuse and harassment, support, custody arrangements, and property consequences—while staying within lawful evidence-gathering and avoiding actions that create criminal or civil exposure.