You might have already suspected your wife having an extra-marital affair but without meeting the elements of adultery and not presenting any tangible evidence will render accusations useless. As defined under Article 333 of the Revised Penal Code, “Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man, who has carnal knowledge of her knowing her to be married, even is the marriage be subsequently declared void.”
The Elements of Adultery
1. The woman is married;
2. The woman had sexual intercourse with a man not her husband;
3. The man she had sexual intercourse is aware that she is married.
The Crime of Adultery Can Be Filed If:
1. The married woman engages in sexual intercourse with a man not her husband;
2. The man is aware of the marriage of the woman, but still engages in sexual intercourse with her.
The offended spouse should be the one to file a case of adultery against the offending spouse. Unlike the criminal offenses of rape acts of lasciviousness, seduction and abduction, no one else can file a case of adultery on behalf of the offended spouse.
In adultery, proof of sexual intercourse is enough to file a case against the wife and her lover. If proven guilty, the woman may face imprisonment from 2 years, 4 months and 1 day to 6 years. However, if the crime was committed due to the abandonment by the offended spouse, the offending parties will face imprisonment from 6 months and 1 day to 2 years and 4 months. If the husband chooses to pardon his wife, the offending party will be absolved of the crime of adultery and the offended party can no longer charge her.
To grant pardon to the offending party, the pardon should come before the institution of the criminal prosecution and both offenders must be pardoned and not just the wife.
" Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse 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."
