You can file a criminal case for adultery against your wife and her paramour with the Office of the City Prosecutor in the city where they had sexual relations.
Article 333 of the Revised Penal Code punishes a married woman for having sexual intercourse with another man. The same provision of law punishes that other man if he knew the woman to be married yet still had sexual relations with her.
You must file a Complaint-Affidavit together with evidences with the Office of the City Prosecutor where the crime was committed
Such criminal case is commenced by filing a Complaint-Affidavit with the Office of the City Prosecutor where the crime was committed. Take note that each act of sexual intercourse by a married woman with her paramour is one count of adultery. Thus, it is necessary to ascertain where the sexual intercourse took place.
Your Complaint-Affidavit must show the elements of the crime of adultery. Contrary to popular belief, it is not necessary to show pictures or videos of your wife in the actual act of having sex. Circumstantial evidence may be used such as testimonies from witnesses who saw them sleeping together or entering motels, text or e-mail messages showing intimacy, photographs, reports of detectives, etc.
Only the husband can lodge the criminal case with the Office of the City Prosecutor. Furthermore, the husband must sue both his wife and the paramour. Otherwise, the complaint will be dismissed.
This is the process of preliminary investigation
After filing your Complaint-Affidavit, the Office of the City Prosecutor will issue a subpoena against your wife and her paramour, requiring them to appear on a certain date and time to submit their Counter-Affidavit. In some instances, the Prosecutor will allow you to file a Reply-Affidavit to controvert the new issues raised in the Counter-Affidavit. Once this is done, your wife and her paramour may be also allowed to file a Rejoinder-Affidavit.
This process is known as preliminary investigation. Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.
If there is no probable cause, the Prosecutor will dismiss the complaint but if there is one, the Prosecutor will file an information in court
If the prosecutor does not find sufficient grounds, then he will dismiss the case. As a result, your criminal complaint will not be filed in court.
However, if the prosecutor finds probable cause, he will issue a resolution and correspondingly file an information in court. Should the judge find sufficient grounds, he shall issue a warrant of arrest. Your wife and her paramour can post bail to secure their liberty.
If your wife and paramour are found guilty by the court, they will be sentenced to imprisonment
Trial in court will thereafter ensue. If your wife and her paramour are found guilty, they can be sentenced to imprisonment within the range of 2 years, 4 months and 1 day to 6 years. Such imprisonment will be lessened to a range of 4 months and 1 day to 2 years and 4 months imprisonment if it is proven such adultery was committed during the period when you abandoned your wife.
That is how to file a criminal case for adultery against your wife and her paramour.
About Nicolas and De Vega Law Offices
If you need assistance in any civil or other criminal law-related issues, we can help you. Nicolas and de Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at firstname.lastname@example.org. Visit our website www.ndvlaw.com.