FAQs on Adultery and Concubinage

What can you do if your wife cheats on you?

Should you wish to pursue criminal action, you may sue your wife and her
paramour for adultery. Adultery is punishable under Article 333 of the
Revised Penal Code.

In order to successfully lodge a criminal case for adultery against your wife,
you must prove the following elements:

1. The woman you are suing is married to you.

2. Your wife had sexual intercourse with another man.

As for your wife’s paramour, it is necessary that he knows the woman (your
wife) is married at the time that he had sexual intercourse with her.

The elements are quite simple. Each act of sexual intercourse is considered an
act of adultery. In proving your wife’s infidelity, it is not necessary to show
pictures or videos of her in the actual act of carnal knowledge. Circumstantial
evidence may be used such as:

- testimonies from witnesses who saw them wearing sleeping

apparel and sleeping together;
- photographs showing intimate body language between the two and the like.

Your wife cannot raise the defense of the fact that you abandoned her to
exempt her from criminal liability. Abandonment by the woman’s spouse does
NOT exempt her from liability. It only lessens the penalty.
Adultery is punishable by imprisonment of Prision Correcional in its medium
and maximum period ( range of 2 years, 4 months and 1 day to 6 years
imprisonment). Both your wife and her paramour shall be subjected to such
punishment if found guilty.

If your wife has proven that you have abandoned her without justification, her
penalty is lessened to arresto mayor in its maximum period and prision correctional
in its minimum period. (range of 4 months and 1 day to 2 years and 4 months
imprisonment).
Procedure:

Further, Section 5 of Rule 110 of the Revised Rules on Criminal Procedure, as

amended by AM 02-2-07-SC, April 10, 2002, states that:

"Section 5. Who must prosecute criminal action. – All criminal actions either
commenced by complaint or by information shall be prosecuted under the direction
and control of a public prosecutor. In case of heavy work schedule of the public
prosecutor or in the event of lack of public prosecutors, the private prosecutor may
be authorized in writing by the Chief of the Prosecution Office or the Regional
State Prosecutor to prosecute the case subject to the approval of the court. Once so
authorized to prosecute the criminal action, the private prosecutor shall continue to
prosecute the case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn.

"The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse. The offended party cannot institute
criminal prosecution without including the guilty parties, if both alive, nor, in any
case, if the offended party has consented to the offense or pardoned the offenders
xxx."

Applying the afore-mentioned laws in your question, a married woman who had
sexual intercourse with a man other than her husband is guilty of adultery. The
man will likewise be guilty of adultery, if he commits such carnal act knowing that
the woman is married. This holds true even if the marriage of the woman be
subsequently declared void. However, the rules clearly provide that the filing of
the criminal complaint for adultery can only be made by the husband or the
offended spouse, and shall include both of the guilty parties, if both are alive.
Hence, while you have the right to file a complaint for adultery for the infidelity of
your wife, you cannot proceed against the other man only, leaving your wife out of
the case as this is not allowed by the rules. It is only possible if your wife is already
dead. Further, should you decide to file a case against your wife and her other man,
you are required to show that the other man knows of your marriage and yet he still
proceeded to have sexual intercourse with your wife.