The sound of wedding bells and the tune of “Here Comes the Bride” are wonderful sounds which most people aspire to hear. However, once the ceremonies are over and the fairy tale ends, there are some grim realities that beset unfortunate married couples. One of them is the infidelity committed by one of the parties.
What can you do if your wife cheats on you?
Should you wish to pursue criminal action, you may sue your wife and her paramour for adultery. Adultery is punishable under Article 333 of the Revised Penal Code.
In order to successfully lodge a criminal case for adultery against your wife, you must prove the following elements:
1. The woman you are suing is married to you.
2. Your wife had sexual intercourse with another man.
As for your wife’s paramour, it is necessary that he knows the woman (your wife) is married at the time that he had sexual intercourse with her.
The elements are quite simple. Each act of sexual intercourse is considered an act of adultery. In proving your wife’s infidelity, it is not necessary to show pictures or videos of her in the actual act of carnal knowledge. Circumstantial evidence may be used such as testimonies from witnesses who saw them wearing sleeping apparel and sleeping together, photographs showing intimate body language between the two and the like.
Your wife cannot raise the defense of the fact that you abandoned her to exempt her from criminal liability. Abandonment by the woman’s spouse does NOT exempt her from liability. It only lessens the penalty.
Adultery is punishable by imprisonment of Prision Correcional in its medium and maximum period ( range of 2 years, 4 months and 1 day to 6 years imprisonment). Both your wife and her paramour shall be subjected to such punishment if found guilty.
If your wife has proven that you have abandoned her without justification, her penalty is lessened to arresto mayor in its maximum period and prision correctional in its minimum period. (range of 4 months and 1 day to 2 years and 4 months imprisonment).
Nicolas & De Vega Law Offices (NDV Law) is a full-service firm in the Philippines. If you have any questions on adultery, please call us +632 4706126 or e-mail us at [email protected] to schedule an appointment with any of our criminal lawyers.