Only the offended spouse can file an adultery case against his spouse and her paramour, according to a recent Supreme Court (SC) ruling. This means that not even the legal representative of the cheated party can file a case on behalf of their client. But what else does Philippine law say about adultery?
On Tuesday, January 27, the SC decided to dismiss an adultery case filed by a representative of a married man, reaffirming provisions of the Revised Penal Code (RPC) and Revised Rules of Criminal Procedure. The court reiterated that adultery is a private crime that can only be filed by an offended spouse, “out of consideration for the aggrieved party who might prefer to suffer the outrage in silence rather than go through the scandal of a public trial.”
In the Philippines, infidelity by a woman and a man is treated as separate offenses. Adultery refers to infidelity committed by a married woman, while concubinage refers to infidelity committed by a married man.
The RPC also lays out different definitions for each offense. For an act to be considered adultery, the offended spouse must prove the validity of the marriage, sexual intercourse between his wife and the third party, and knowledge on the part of the paramour. On the other hand, concubinage is committed by a married man when he keeps a mistress in a conjugal dwelling, has sexual intercourse with her, or cohabits with her in another place.
The Philippine Commission on Women (PCW) points out that punishments for infidelity are skewed in favor of men. In adultery cases, the law treats each act of sex outside of marriage as a separate crime. This means a married woman and the man she’s involved with can be charged multiple times if there is proof of multiple encounters.
However, a married man is not charged for every sexual encounter. Instead, the crime is basedBasedBased is slang expressing approval for someone unapologetically stating their genuine opinion, regardless of whether it's popular, controversial, or conventionally acceptable within discourse. Originally associated with certain online political subcultures,Go to Based Glossary on living with a mistress or openly keeping one, so multiple sexual acts are usually treated as part of a single offense, not separate crimes.
Because of this, the PCW has called for the decriminalization of infidelity in the country, which the commission says also “constitutes excessive state interference in the private lives of its citizens.”
Frequently Asked Questions
Only the offended spouse can file an adultery case, according to a January 27 Supreme Court ruling. Not even a legal representative acting on the spouse’s behalf can file the case, reaffirming provisions of the Revised Penal Code.
Adultery refers specifically to infidelity committed by a married woman, while concubinage refers to infidelity committed by a married man. The two are treated as separate offenses with different legal definitions and requirements for proof.
The offended spouse must prove the validity of the marriage, that sexual intercourse occurred between his wife and the third party, and that the paramour had knowledge of the marriage, according to the Revised Penal Code.
The Philippine Commission on Women notes that each act of adultery can be charged as a separate crime, while concubinage is typically charged as a single offense based on cohabitation, regardless of how many sexual encounters occurred.
Yes. The Philippine Commission on Women has called for decriminalizing infidelity, arguing that current laws constitute “excessive state interference in the private lives of its citizens” and disproportionately penalize women.
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