What Charges Can Be Filed Against A Philandering Husband and His Mistress?

Philandering Husband

Have these things been happening in your home lately?

  • Husband taking his mobile phone everywhere he goes, even in the shower.
  • Credit card charges made at restaurants you know you’ve never visited with your spouse ever.
  • Frequent “company trips” to romantic places like Tagaytay, Baguio, and Palawan.  And no, wives and kids are not invited.
  • A new perfume, watch, or expensive shirt you know your husband won’t buy for himself even if his life depended on it.

Different people may have different means to crack a ‘philandering husband’ or ‘cheating wife’ code, but all would probably have the same agenda: to snatch the unfaithful partner away from the interloper and save the marriage.  In extreme cases though, the discovery of a spouse’s unfaithfulness often result to separation.  And since the cost of annulment in the Philippines is prohibitive, the ex-couple would resort to living apart while they try to ‘move on’ and make sense of their complicated situation.

Philippine laws do not simply shrug off infidelity.  The aggrieved wife may file criminal charges against a philandering husband and his mistress.  In the same manner, a husband whose wife has had extramarital affairs with another man can slap her with adultery, also a criminal offense.

To help you understand how grave a transgression it is to cheat on your spouse or be the ‘third party’ in an otherwise blissful marriage, read the following:

  1. A man and his mistress can be charged with concubinage under any of the following circumstances:
    • The husband allows the mistress to live in the house he shares with his legal wife;
    • The husband buys or rents a house for him and his mistress;
    • Practices scandalous intimate acts with the mistress.
  2. A wife and her lover may be charged with adultery.
  3. Any person proven to have committed concubinage or adultery is criminally liable and may be imprisoned.  If the cheating spouse and his/her lover get married while one or both of them are still legally married to their rightful partners, they can be charged with bigamy, also a criminal offense.
  4. The charges shall be applied to both the cheating spouse and the mistress or lover; the law does not select only one of the two (as you cannot be adulterous all on your own and a woman becomes a concubine only when a married man woos her to be one).
  5. In the legal proceedings, the aggrieved party must not be proven to have consented the ‘affair’ or have forgiven or condoned the cheating spouse and the ‘third party’.  An example of ‘consent’ is if the legal (aggrieved) spouse agrees to share the marital bed with the cheating spouse even after he/she has proven that the other is already having extramarital affairs.

The Philippines, being a predominantly Christian nation, does not support divorce.  The society frowns upon infidelity and illicit relationships especially when children get dragged into the ugly picture of scandal and separation.  The law protects the victims of such scandalous affairs and upholds the rights of the aggrieved parties.  If you feel you need to take the high road to secure your family’s rights against the indiscretion of brazen individuals, seek the assistance of a lawyer.

Source: http://www.gmanetwork.com/news/story/520678/opinion/commentary-can-a-mistress-be-held-liable-under-the-law




Published by MasterCitizen

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10 thoughts on “What Charges Can Be Filed Against A Philandering Husband and His Mistress?

  1. Hi. Good day ask ko lang po what if. They have an secret affair but his wife’s doesn’t notice about what happened with his mistress. What legal process to follow?

  2. what if I caught my husband with his mistress through a recorded call that they exchange sweet words and thoughts that you can hear only with two lovers or husband and wife? And my husband already tell me that they actually are lovers. Can I file a case to them ?

    1. Hi Anaed,

      Yes, if you have enough evidence to prove that your husband is having an affair, you can file a case against him.

      Do it quickly because the court can nullify your case if they find out that you “tolerated” the affair by not speaking up the moment you found out about it.


  3. Good day,, I just want to ask or an advice ,, I’ve been separated for more than 10 years and my husband filed nullity if marriage and custody of child since 2011 ,, at ngkaron po xa ng mga at sa ibat ibang babae at mga Karelasyon. Ngyon po ung anak nmin nsaknya n,, since nsaknya n po ung anak nmin ano po pwede ko gawin since ung nullity of marriage is still in going , gusto po sana kung pwede gmitin ko ung family name ko nung dalaga p ko, or is there any way para po mpbilis ung finile nia nulity of marriage,,hope for ur response

    1. Hi Cielo,

      Kung ongoing na ang annulment process, you have to wait until the court has issued its decision on your case. Kung wala pang papers na binababa ang korte regarding your annulment, you are considered married and you need to use your husband’s last name.

      Once you receive your court’s decree na official na ang paghihiwalay niyo, pwede mo nang asikasuhin ang pagpapalit ng last name mo so you can start using your maiden last name again. You might need to change your IDs (SSS, Pagibig, PhilHealth, Passport) para hindi ka magka problema later on (meaning, kung papalitan mo ang last name mo sa isang ID, you might as well change all your last names in all of your IDs).


  4. what if the husband is foregneir and the filipina wife know that her husband is living with somebody in the place where her husband lived,how can she file a complaint?.

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