This comprehensive guide explains how acts of infidelity can be addressed in Philippine law through (1) the Anti-Violence Against Women and Their Children Act of 2004 (RA 9262) and (2) the crimes of adultery/concubinage under the Revised Penal Code (RPC). It covers elements, evidence, penalties, where and how to file, remedies (including protection orders), and practical strategy.

The Big Picture

Two parallel paths may apply to a cheating spouse:
1. RA 9262 (VAWC) — a public crime focusing on violence (including psychological violence from marital infidelity) committed by a man against his wife/partner or their child. It offers swift protection (BPO/TPO/PPO), support, custody reliefs, and criminal penalties.
2. RPC Crimes of Infidelity — adultery (applies to a wife and her paramour) or concubinage (applies to a husband and his paramour). Because you’re proceeding “against a husband and his paramour,” the apt RPC offense is concubinage (not adultery).
You may pursue both RA 9262 and concubinage arising from the same acts without violating double jeopardy because each offense has distinct elements.

I. RA 9262 (Violence Against Women and Their Children)

Who can be an offender and who is protected?

Offender: A man who is the husband, former husband, or dating/sexual partner of the woman, with or without cohabitation.
Protected persons: Women and their children (including those of the offender or of the woman, whether legitimate or illegitimate).

What acts are punished?

Physical, sexual, psychological, and economic abuse.
Marital infidelity can qualify as psychological violence when it causes mental or emotional anguish, humiliation, public ridicule, or similar harm to the wife/partner or child.

Key advantages of filing under RA 9262

Immediate protection: Protection orders (see below).
Broader reliefs: Custody, support, removal from the home, firearm surrender, stay-away orders, etc.
Venue flexibility: Can generally be filed where the victim resides or where any element of the offense occurred.
Anyone may assist filing (e.g., parents, social workers) if the victim cannot.

Penalties (overview)

Penalties vary by the act; psychological violence is typically punished by prisión mayor (up to 12 years), plus civil damages and mandatory psychological counseling/rehabilitation at the court’s discretion.

Protection Orders (fast, practical relief)

Barangay Protection Order (BPO)
- Issued ex parte by the Punong Barangay or kagawad; effective 15 days.
- Designed for harassment, threats, stalking, and similar acts; often a quick first step.
Temporary Protection Order (TPO)
- Issued ex parte by the Family Court; typically effective 30 days.
Permanent Protection Order (PPO)
- After hearing; can grant long-term reliefs (support, custody/visitation, residence exclusion, possession of personal effects, firearms surrender, stay-away radius, etc.).

Note: Violating a protection order is itself a separate criminal offense.

Evidence that commonly establishes psychological violence

Proof of the relationship (marriage certificate; proof of cohabitation or dating relationship).
Proof of infidelity and its psychological impact, e.g.:
- Messages, emails, call logs, hotel/booking receipts, GPS logs, photos, videos, social-media posts.
- Witnesses (neighbors, co-workers, relatives) who observed humiliation/ridicule.
- Psychological or psychiatric evaluation, therapy records, prescriptions, sick leave due to anxiety/depression.
- Police blotters, barangay incident reports, affidavits.
Electronic evidence is admissible under the Rules on Electronic Evidence when properly authenticated.

II. Concubinage (RPC Art. 334) — Against a Husband and His Paramour

Elements

To convict the husband, the prosecution must prove that:

He is married; and
He kept a mistress in the conjugal dwelling, or had sexual intercourse with her under scandalous circumstances, or cohabited with her in any other place.

The paramour is liable as a principal when she knew the man was married and participated in the cohabitation/relationship.

Penalties

Husband: Prisión correccional (minimum to medium periods) — up to 4 years and 2 months.
Paramour: Destierro (banishment) — prohibition from residing within a specified radius of certain places (e.g., complainant’s residence).

Because the maximum penalty does not exceed 6 years, concubinage cases typically fall within the first-level courts (MTC/MeTC/MTCC).

Special procedural rules (private offenses)

Only the offended spouse (the wife) may initiate concubinage; the State cannot start it on its own.
She must include both the husband and the paramour in the same complaint.
Consent or pardon before filing bars the action (e.g., if the wife previously forgave the affair without conditions).
Prescription: Generally 5 years from discovery of the offense by the offended spouse.
Compromise of criminal liability is not allowed (criminal liability cannot be waived by settlement), but pardon/consent before filing is a defense.

Evidence in concubinage

Cohabitation: Leases, utility bills, deliveries addressed to both, neighbors’ testimonies, photos of shared residence, joint accounts.
Conjugal dwelling: Proof that the mistress lives or is kept in the marital home.
Scandalous circumstances: Public displays, reports, or situations offending good morals (e.g., openly bringing the mistress to social events as “wife”).
Knowledge of marriage by the paramour: Messages acknowledging the marriage, warnings from the wife, public posts, acquaintances’ testimonies.

III. Why “Adultery” Usually Doesn’t Fit a Case Against a Husband

Adultery (RPC Art. 333) punishes a married woman who has sexual intercourse with a man not her husband, and the paramour knowing she is married.
The offended husband must file and include both offenders.
Therefore, adultery is not the proper charge against a husband and his paramour; the counterpart for husbands is concubinage.
However, the same infidelity can still ground a VAWC case if it causes psychological violence to the wife/partner.

IV. Choosing the Right Case(s): Strategic Considerations

Goal	Best Tool(s)	Why
Swift, practical protection (stay-away, removal from home, support, custody)	VAWC with TPO/PPO	Fast, broad protective reliefs unavailable in concubinage
Criminal accountability for the husband and paramour	Concubinage	Targets both; paramour faces destierro
Higher jail-time exposure for the offender	VAWC	Penalties can reach prisión mayor
Venue convenience (file where victim resides)	VAWC	Venue may be laid where the victim resides
Evidentiary focus on cohabitation or scandal	Concubinage	Elements fit evidence of keeping/cohabiting
Damages for emotional harm	VAWC + Civil damages	Psychological violence + damages/attorney’s fees

Often, counsel will file VAWC (for protection and damages) and evaluate concubinage in parallel (for accountability of both husband and paramour).

V. Step-by-Step: From First Report to Trial

A. Safety and Documentation (Day 0–7)

Ensure safety: Stay with trusted family/friends; consider a BPO if there’s harassment/threats.
Preserve evidence:
- Screenshot and export chats/emails with metadata; avoid altering originals.
- Secure call logs, photos, receipts (lodging, travel), delivery records, CCTV, GPS, ride-hailing histories.
- Keep a contemporaneous diary of incidents (dates, times, places, witnesses, physical symptoms).
Medical/psych consult: Obtain medical and/or psychological evaluation for VAWC psychological violence.
Police/barangay blotter: Create an initial record.

B. Filing for Protection (VAWC)

BPO at the barangay (immediate).
TPO at the Family Court (Regional Trial Court–Family Court). Attach sworn statements, medical/psych records, and digital evidence printouts/storage media.

C. Criminal Complaints

VAWC:
- Execute a Sworn Complaint-Affidavit with annexes.
- File with the City/Provincial Prosecutor where the victim resides or where any element occurred.
- Preliminary investigation → Information → Family Court (RTC).
Concubinage (private offense):
- Offended wife files a single complaint against both husband and paramour.
- Include proof of lack of prior consent/pardon.
- File with the Prosecutor; case proceeds to first-level court (MTC/MeTC/MTCC) upon finding of probable cause.

D. Civil Remedies (often alongside criminal cases)

Damages under RA 9262 (moral, exemplary, actual; attorney’s fees).
Support pendente lite (temporary support).
Separate family-law cases where appropriate: legal separation, nullity/annulment, custody, support, property relations (forfeiture of share in community property in cases of legal separation for concubinage/adultery is possible under the Family Code).

VI. Venue and Jurisdiction (Quick Guide)

VAWC (criminal): File where the victim resides or where any element occurred; tried by RTC–Family Court.
Concubinage: File where the offense or any of its modes occurred (keeping in conjugal home; cohabitation elsewhere; scandalous intercourse); tried by first-level courts due to penalty range.
Protection Orders:
- BPO — at the barangay where the parties reside or where the act occurred.
- TPO/PPO — RTC–Family Court where the applicant resides.

VII. Common Defenses and How They’re Met

For VAWC (psychological violence):
- “No relationship covered by the law.” → Show marriage certificate or evidence of dating/sexual relationship/cohabitation.
- “No psychological harm.” → Present psych evaluation, therapy notes, prescriptions, work disruption, witness accounts.
- “No public ridicule/humiliation.” → Show public posts, group chats, workplace gossip triggered by the affair, confrontations.
For Concubinage:
- “No keeping in conjugal dwelling; no cohabitation; not scandalous.” → Prove any one mode by documents/witnesses.
- “Paramour didn’t know he was married.” → Messages or witnesses showing knowledge.
- “Wife consented or pardoned us.” → Rebut with evidence of no prior consent/pardon or that any “forgiveness” was conditional and later withdrawn.

VIII. Evidence Handling Tips

Authenticity: Keep original devices/files; export complete threads; avoid editing/forwarding that strips metadata.
Chain of custody: Use labeled storage media; log when/where collected.
Witness prep: Get sworn statements early; secure barangay/police certifications.
Psych evidence: Book with licensed professionals; ask for findings linking symptoms to the spouse’s conduct.
Data privacy: Do not obtain evidence through illegal interception or privacy violations; courts may exclude unlawfully obtained evidence and you could incur liability.

IX. Timelines, Prescription, and Interim Reliefs

VAWC: Acts can be continuous; some forms are ongoing (e.g., repeated harassment). Apply promptly for TPO/PPO.
Concubinage: 5-year prescription from discovery by the offended wife is a commonly applied rule; don’t delay.
Interim reliefs: Support, custody, exclusive possession of residence, and stay-away orders may be granted pendente lite under RA 9262 protection orders.

X. Costs, Bail, and Collateral Consequences

Bail: Typically available; amount depends on the court.
Fees: Filing fees for civil components; none for criminal complaints, but you’ll incur notarial, psychologist/psychiatrist, and counsel fees.
Firearms & employment: RA 9262 can trigger firearm surrender, PNP/AFP employment issues, and immigration concerns for foreign nationals.
Family-law impact: Infidelity is a ground for legal separation; may affect custody and property forfeitures under the Family Code.

XI. Practical Playbook (Checklist)

Secure safety; consider BPO immediately.
Consult counsel experienced in VAWC & family law.
Document everything (digital evidence + medical/psych).
File for TPO at the Family Court; prepare for PPO hearing.
Submit criminal complaint(s):
- VAWC for psychological violence;
- Concubinage (include both husband and paramour; address consent/pardon).
Pursue civil damages under VAWC; evaluate legal separation/nullity as appropriate.
Maintain no-contact and comply with safety plans; promptly report any violations of protection orders.

XII. FAQs

Can I file both VAWC and concubinage? Yes. Different elements; remedies complement each other.
Do I need to sue the paramour under VAWC too? No—VAWC targets the male partner (husband/ex/dating partner). The paramour is pursued through concubinage (criminal) and potentially civil damages in a separate suit (e.g., torts) if warranted.
What if we reconciled? In concubinage, pardon/consent before filing bars prosecution. In VAWC, reconciliation does not automatically extinguish criminal liability, though it may affect the evidence and the victim’s stance.
Can I get custody/support quickly? Yes. TPO/PPO can grant temporary custody, support pendente lite, and residence exclusion.

Closing Notes

This area of law mixes criminal prosecution with urgent protection and family-law remedies. The best outcomes typically come from a coordinated plan: secure protection and support under RA 9262, evaluate and file concubinage against the husband and paramour when the elements are present, and, where appropriate, pursue family-law actions (legal separation/nullity, custody, property). Work closely with counsel to tailor filings, evidence, and venue to your specific facts.