ADULTERY (Article 333, Revised Penal Code)

ELEMENTS:
(a) The woman is married;
(b) She has sexual intercourse with a man not her husband;
(c) As regards the man who has sexual intercourse with her, he must know her to be
married.

Notes:
1. There is an existing marriage although it may later on be declared void.
2. In this jurisdiction, the parties cannot determine the validity of their own marriage. The
marriage must be declared void by the courts.
3. Sexual intercourse or carnal knowledge need not be established by direct evidence;
circumstantial evidence is sufficient.
4. Each sexual intercourse constitutes a crime of adultery. Although the offended husband
may pardon the offending wife, pardon only looks back; it cannot be apply to future acts
of adultery.
5. Abandonment without justification does not exempt the wife from criminal liability. It is
only mitigating.
6. Whatever mitigates the liability of one offender should also apply to the other because
judicially speaking, there is only one crime committed by two (2) persons.
7. It is necessary that the man must know that the woman is married. Each sexual
intercourse must be attended by this requirement.
8. The man may be single or married. If married, he may be held liable for concubinage
upon a complaint filed by his own wife.
9. Both the man and the woman must be prosecuted. But an acquittal of one will not
necessarily result in acquittal of the other.
10. The offenders may be pardoned BEFORE the institution of the criminal prosecution and
BOTH parties must be pardoned.
11. Sexual intercourse after the adulterous conduct is IMPLIED PARDON. If the husband
tolerates the adulterous relations of his wife, that is considered CONSENT and he may no
longer prosecute her for adultery. Pardon refers to past adulterous acts while consent
refers to future and subsequent adulterous acts.

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JUDICIAL AFFIDAVIT

I, MARIO BANSOT, of 55 years old, electrical engineer, Filipino, married and a

resident of Alonzo Compound, Parang, Marikina City), after having sworn to in accordance with
law, do here by depose and state:

The person examining me is Prosecutor___________________ with office address at

Office of the City Prosecutor of Marikina, 4 th Floor Justice hall Building, Sta. Elena Marikina
City. The examination is being held at the same. I am answering the questions asked of me by
Prosecutor in English Language which I am knowledgeable and conversant, fully conscious that
I do so under oath and I am also aware that I may face criminal liability for false testimony or
perjury if I will be stating falsities and distortion of truth:

Q. Why are here now at the Marikina City Prosecutor’s Office?

A. I would want to give my testimony relative to my complaint for adultery against my
wife MARIA MATANGKAD, Filipina and presently residing in Wagas St., Sto. Nino, Marikina
City.

Q. You said Maria Matangkad is your wife, what proof do you have?
 A. I have here with me our marriage contract which shows that we were married on May
25, 1989 before Judge Jacinto Ang in Marikina City. Copy of which is hereto attached as Exhibit
“A”;

Q. How many children do you have with your wife, if any?

A. None, sir

Q. You said you are an electrical engineer, where did you finish your course?
A. Feati University, Sir.

Q. When did you graduate?

A. In 1984, Sir

Q. Are you a licensed electrical engineer?

A. Yes, I passed the electrical engineer board examination in 1985.

Q. Where do you work at present?

A. I am an overseas worker in Republic of Oman as electrical engineer since 1990 up to
the present?

Q. Why are you filing a case against you wife for adultery?
A. When I returned home to the Philippines sometime on April 2, 2013 after a 3 year
straight work contract, I found out that my wife was no longer residing at our residence in
Alonzo Compound, Parang, Marikina City.

Q. What was the reason, if any, why was your wife no longer residing in your residence?
A. I found out that she is already living with another man in Wagas St., Sto. Nino,
Marikina City and has a 3 years old daughter with that man.

Q. Do you have proof that your wife has a daughter with another man with whom she is
living with in Wagas St., Sto. Nino, Marikina City?
A. Yes, I have here with me the birth certificate and baptismal certificate of the child
which both show that the parents are my wife and her paramour, Pedro Mahaba. And I am
attaching them as Exhibits “B” and “C”, respectively.

NAME OF THE WITNESS

Affiant

SUBSCRIBED AND SWORN to before me this ____________________ in the City of

Marikina, Philippines, affiant who is personally known to me further exhibited his competent
evidence of identity, which is :_____________ and that I have personally examined the affiant
and I am fully satisfied that he voluntarily executed and under stood the contents of his affidavit.

SWORN ATTESTATION

I, ________________ of legal age, and with office address at Office of the City Prosecutor of
Marikina, 4th Floor Justice Hall Building, Sta. Elena, Marikina City, under oath, hereby attested
that:

1. I am the prosecutor who conducted the examination of witness ________________

2. I faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that the witness gave and
3. Neither I nor any other person then present or assisting me coached the witness
regarding the latter’s answers
 Prosecutor

SUBSCRIBED AND SWORN to before me this ____________________ in the City of

Marikina, Philippines, affiant who is personally known to me further exhibited his competent
evidence of identity, which is :_____________ and that I have personally examined the affiant
and I am fully satisfied that he voluntarily executed and under stood the contents of his sworn
Attestation.

Administering Officer