Adultery, a term that carries heavy moral, ethical, and legal connotations, is a subject that has been scrutinized and regulated by laws in many societies. In the Philippines, adultery is considered a crime under the Revised Penal Code, reflecting the deeply ingrained values and cultural norms regarding marital fidelity. Let’s delve into the legal framework and implications surrounding adultery in the Philippines.
Who are the persons liable in the crime of adultery?
The persons liable for the crime of adultery are:
- The married woman who engages in sexual intercourse with a man not her husband; and
- The man who, knowing of the marriage of the woman, has sexual intercourse with her.
What are the elements of adultery?
The following are the elements of adultery:
- That the woman is married;
- That she has sexual intercourse with a man not her husband; and
- That as regards the man with whom she has sexual intercourse, he must know her to be married.
What is the gist of the crime of adultery?
The gist of the crime of adultery is the danger of introducing spurious heirs into the family, whereby the rights of the real heirs may be impaired and a man may be charged with the maintenance of a family not his own.
What is the effect of divorce obtained prior to the commencement of a criminal action for adultery?
The person who initiates the adultery case must be an offended spouse, and by this is meant that he is still married to the accused spouse, at the time of the filing of the complaint. Thus, where the offended party (a foreigner) in an adultery case already obtained a divorce in his country before the adultery proceedings are commenced, he no longer has the right to institute proceedings against the offenders.
Will the death of any of the party who committed adultery terminate the proceedings?
The death of the paramour will not bar prosecution against the unfaithful wife, because the requirement that both offenders be included in the complaint is absolute only when the offenders are alive.
The death of the offended party will not terminate the proceedings.
Is the filing of a subsequent complaint for adultery while the first complaint is pending violative of the constitutional prohibition against double jeopardy?
No, it does not violate the constitutional prohibition against double jeopardy. The crime of adultery is an instantaneous crime which is consummated and completed at the moment of the carnal union. Each sexual intercourse constitutes a crime of adultery.
What is the effect of abandonment of the offended spouse?
If the person guilty of adultery committed the offense while being abandoned without justification by the offended spouse, the penalty next lower in degree shall be imposed.
What are some circumstances where the acquittal of one of the defendants will not automatically acquit the other?
Acquittal of one of the defendants will not automatically acquit the other when:
- There may not be a joint criminal intent, although there is a joint physical act;
- One of the parties may be insane and the other is sane;
- The man may not know that the woman is married;
- The death of the woman during the pendency of the action cannot defeat the trial and conviction of the man; and
- Even if the man had Left the country and could not be apprehended, the woman can be tried and convicted.
What is the effect of intercourse subsequent to adulterous conduct?
The act of having intercourse with the offending spouse subsequent to adulterous conduct is, at best, an implied pardon of said adulterous conduct. But it does not follow that, in order to operate as such, an express pardon must also be accompanied by intercourse between the spouses thereafter. Where the pardon given is express – not merely implied – the act of pardon by itself operates as such whether sexual intercourse accompanies the same or not.
What is the effect of a prior agreement to separate?
While the agreement is void in law, it is nevertheless, competent evidence to explain the husband’s inaction after he knew of his wife’s living with her co-accused. He may be considered as having consented to the infidelity of his wife, which bars him from instituting criminal complaint.
Source:
The Revised Penal Code
