Adultery: Meaning in Philippine Law
Quick answer
Adultery is the crime of a married woman who has sexual intercourse with a man who is not her husband, and of the man who does so knowing she is married. It is defined in Article 333 of the Revised Penal Code. Both are punished by prision correccional in its medium and maximum periods. Only the offended husband can start the case.
What does Article 333 say?
Article 333 says adultery is committed by a married woman who has sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her knowing her to be married, "even if the marriage be subsequently declared void." The penalty is in the second paragraph:
Adultery shall be punished by prision correccional in its medium and maximum periods.
Prision correccional in its medium and maximum periods runs from 2 years, 4 months and 1 day to 6 years (Articles 27 and 76). The third paragraph lowers the penalty by one degree if the guilty spouse had been abandoned without justification by the offended spouse. See Article 333 for the full explanation.
What must be proved?
The prosecution has to show that the woman was married, that she had sexual intercourse with a man who is not her husband, and, for the man, that he knew she was married. In Valencia v. People (2024), the Supreme Court said that "proof of the sexual intercourse between a married woman and a man who is not her husband may be established by circumstantial evidence." In that case the marriage was proved by the marriage contract, and the man's knowledge by his own affidavit.
Who can file an adultery case?
Adultery is not prosecuted like most crimes. Rule 110, Section 5 of the Rules of Criminal Procedure says it "shall not be prosecuted except upon a complaint filed by the offended spouse." The same rule says the complaint must include both guilty parties if both are alive, and that it cannot be filed if the offended spouse consented to the offense or pardoned the offenders. In Alonte v. Savellano (1998), the Supreme Court quoted an older ruling: the pardon "must come before the institution of the criminal prosecution and must be for both offenders to be effective".
How is adultery different from concubinage?
Adultery is committed by a wife; concubinage is committed by a husband, under Article 334. For adultery, what must be proved is sexual intercourse. For concubinage, one of three ways in the article must be proved: keeping a mistress in the conjugal dwelling, sexual intercourse under scandalous circumstances, or cohabiting in any other place. The penalties also differ: the husband in concubinage gets a lighter prison term, and the woman gets destierro.
Sexual infidelity is also a ground for legal separation under Article 55 of the Family Code. That is a separate civil case.
For the two crimes side by side, see adultery vs concubinage.
Example
Made-up illustration: Jose, an OFW, finds hotel records and messages showing that his wife Liza spent nights with Mark, who knew she was married. Under Valencia, the intercourse may be proved by circumstantial evidence. If Jose files a complaint, it must name both Liza and Mark. Whether the evidence is enough is for the prosecutor and the court to decide.
For penalties, pardon and the time limit to file, see Adultery and concubinage.
Which provisions use this term?
Frequently asked questions
What is adultery in simple words?
It is the crime of a married woman who has sexual intercourse with a man who is not her husband. The man is also guilty if he knew she was married. It is defined in Article 333 of the Revised Penal Code.
What is the penalty for adultery?
Prision correccional in its medium and maximum periods, from 2 years, 4 months and 1 day to 6 years, for both the wife and the man. Under the third paragraph of Article 333, it is one degree lower if the guilty spouse had been abandoned without justification by the offended spouse.
Can a husband commit adultery?
Not under Article 333, which speaks of a married woman. A married man who is unfaithful may be liable for concubinage under Article 334, but only if one of the three ways in that article is proved.
Who can file an adultery case?
Only the offended spouse. Under Rule 110, Section 5 of the Rules of Criminal Procedure, the complaint must include both guilty parties if both are alive, and it cannot be filed if the offended spouse consented to the offense or pardoned the offenders.
Is adultery still a crime if the marriage is later declared void?
Yes. Article 333 says adultery is committed "even if the marriage be subsequently declared void."
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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