Recent viral events in international media have brought the issue of marital infidelity into sharp public focus. Beyond the social commentary, it is essential to understand the full legal landscape in the Philippines, which provides several avenues for redress spanning criminal, civil, and special laws.
1. ๐๐ซ๐ข๐ฆ๐ข๐ง๐๐ฅ ๐๐ข๐๐๐ข๐ฅ๐ข๐ญ๐ฒ ๐ฎ๐ง๐๐๐ซ ๐ญ๐ก๐ ๐๐๐ฏ๐ข๐ฌ๐๐ ๐๐๐ง๐๐ฅ ๐๐จ๐๐
This is the most commonly known aspect, addressed through two distinct offenses:
Concubinage (Article 334): This crime is committed by a husband who either (a) keeps a mistress in the conjugal dwelling, (b) has sexual intercourse with a woman not his wife under scandalous circumstances, or (c) cohabits with her in any other place.
Adultery (Article 333): This crime is committed by a married woman and her paramour who knows of her marital status, when they engage in sexual intercourse.
2. ๐๐ฌ๐ฒ๐๐ก๐จ๐ฅ๐จ๐ ๐ข๐๐๐ฅ ๐๐ข๐จ๐ฅ๐๐ง๐๐ ๐ฎ๐ง๐๐๐ซ ๐๐ก๐ ๐๐๐๐ ๐๐๐ญ (๐.๐. ๐๐๐๐)
Marital infidelity can be considered a form of psychological violence under the Anti-Violence Against Women and Their Children Act. An act of infidelity that causes mental or emotional suffering, anguish, or distress to the wife constitutes an offense under this special law, which carries more severe penalties and provides for protective orders.
3. ๐๐๐ ๐๐ฅ ๐๐๐ฉ๐๐ซ๐๐ญ๐ข๐จ๐ง ๐ฎ๐ง๐๐๐ซ ๐ญ๐ก๐ ๐ ๐๐ฆ๐ข๐ฅ๐ฒ ๐๐จ๐๐
Sexual infidelity is a direct ground for a Petition for Legal Separation under the Family Code. This remedy allows spouses to live separately and formally divides their properties and settles matters of custody and support.
4. ๐๐ข๐ฏ๐ข๐ฅ ๐๐๐ญ๐ข๐จ๐ง ๐๐จ๐ซ ๐๐๐ฆ๐๐ ๐๐ฌ ๐ฎ๐ง๐๐๐ซ ๐ญ๐ก๐ ๐๐ข๐ฏ๐ข๐ฅ ๐๐จ๐๐
Article 26, paragraph (2) of the Civil Code protects an individual’s peace of mind and family relations. This allows an aggrieved spouse (husband or wife) to file a separate civil lawsuit for monetary damages against the third party (the paramour or mistress) for “meddling with or disturbing the private life or family relations.”
Understanding the full extent of your rights is not just advisableโit is essential for your protection and peace of mind. To ensure your next steps are sound, a private consultation with your trusted legal counsel is paramount.
Telephone
(036) 522 – 2362
Legal inquiries
legal@artillerolaw.com
Office address
Artillero Law, JoseFina Bldg., Magallanes St., Roxas City, Capiz
