Article 333 of the Revised Penal Code: Adultery
Status: In force
What does Article 333 say?
Adultery is committed by any married woman who shall have sexual inter-course 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.
Adultery shall be punished by prision correccional in its medium and maximum periods.
If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.
What does it mean in plain language?
Article 333 says adultery is committed by a married woman who has sexual intercourse with a man who is not her husband, and by the man who does so knowing she is married. Both are liable, even if the marriage is later declared void. The penalty is prision correccional in its medium and maximum periods, from 2 years, 4 months and 1 day to 6 years.
Adultery is the crime for a wife's infidelity. A husband's infidelity is covered by a different crime, concubinage under Article 334, which has stricter elements.
How does it work in real life?
Liza and Mark: messages and hotel records
Liza is married to Jose, an OFW. Jose's relatives find messages and hotel records showing that Liza and Mark, who knew she was married, spent nights together. Under Valencia, intercourse may be proved by circumstantial evidence. If Jose files a complaint, it must name both Liza and Mark.
Jose forgives, then changes his mind
Before any case is filed, Jose writes to Liza and Mark that he forgives them both. Months later he wants to file. Under the rule explained in Alonte, a pardon given to both offenders before the case is filed bars the prosecution. Whether there was a real pardon is decided on the evidence.
What does this mean in practice?
- [Legal separation](/law/glossary/legal-separation). Sexual infidelity is a ground for legal separation under Article 55 of the Family Code. That is a civil case, separate from the criminal case. See grounds for legal separation.
- Prescription. Crimes punishable by a correctional penalty prescribe in ten years under Article 90.
- Other remedies. Some forms of abuse by a husband or partner are covered by Republic Act No. 9262. See how to file a VAWC case.
- Legal help. For questions about a specific situation, see find legal help.
- For a question-and-answer guide, see adultery and concubinage: what must be proved and the penalties.
What must be proved in adultery?
Read word by word, the first paragraph has these parts:
- The woman is married. The marriage is usually proved with the marriage contract.
- She had sexual intercourse with a man who is not her husband.
- For the man: he knew she was married.
The article adds "even if the marriage be subsequently declared void". So a later court ruling that the marriage was void does not erase adultery committed while the marriage stood.
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 that the woman was married was shown by his own affidavit. The Court convicted the man of adultery under Article 333.
What is the penalty?
Adultery shall be punished by prision correccional in its medium and maximum periods.
If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.
| Situation | Penalty | Range |
|---|---|---|
| Adultery | Prision correccional in its medium and maximum periods | 2 years, 4 months and 1 day to 6 years |
| Adultery committed while abandoned without justification by the offended spouse | The penalty next lower in degree | Set by the court under the rules of Articles 61 and 71 |
The ranges come from Articles 27 and 76. There is no fine in Article 333.
Who can file the case, and what about pardon?
Adultery is not prosecuted like most crimes. The rule is in the Rules of Criminal Procedure (Rule 110, Section 5), and the Supreme Court applied it in Busuego v. Office of the Ombudsman (2013) and Alonte v. Savellano (1998):
- Only the offended spouse files. The case starts only with a complaint by the offended husband or wife.
- Both must be included. The complaint must include both guilty parties, if both are alive. In Busuego, a concubinage case, the Court upheld an order to include the two women named in the complaint instead of dismissing it.
- Consent or pardon before filing bars the case. In Alonte, the 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 (Art. 333) | Concubinage (Art. 334) | |
|---|---|---|
| Who commits it | A married woman, and the man who knows she is married | A married husband, and the woman with him |
| What must be proved | Sexual intercourse | Keeping a mistress in the conjugal dwelling, sexual intercourse under scandalous circumstances, or living together in any other place |
| Penalty for the spouse | Prision correccional, medium and maximum periods | Prision correccional, minimum and medium periods |
| Penalty for the partner | Same as the wife | Destierro |
For the two crimes side by side, see adultery vs concubinage.
Frequently asked questions
What is adultery under Philippine law?
Under Article 333 of the Revised Penal Code, adultery is committed by a married woman who has sexual intercourse with a man who is not her husband, and by the man who has carnal knowledge of her knowing that she is married, even if the marriage is later declared void.
What is the penalty for adultery?
Prision correccional in its medium and maximum periods, which runs from 2 years, 4 months and 1 day to 6 years. If the guilty spouse committed it while abandoned without justification by the offended spouse, the penalty is one degree lower.
Can a husband commit adultery?
Under Article 333, adultery is committed by a married woman and by the man who has sexual intercourse with her knowing she is married, whether or not he is married himself. A husband's infidelity with a woman who is not married is covered by a different crime, concubinage under Article 334, which has different elements.
Who can file a case for adultery?
Under Rule 110, Section 5 of the Rules of Criminal Procedure, as applied by the Supreme Court in Busuego v. Office of the Ombudsman (2013) and Alonte v. Savellano (1998), only the offended spouse may file the complaint, it must include both guilty parties if both are alive, and consent or pardon given before the case is filed bars it.
Does adultery need proof of the act itself?
Not always direct proof. In Valencia v. People (2024), the Supreme Court said that sexual intercourse between a married woman and a man not her husband may be established by circumstantial evidence.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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