The Supreme Court (SC) has ruled that adultery cases may be filed only by the directly offended spouse, reaffirming that such offenses are considered private crimes under Philippine law.
In a seven-page decision promulgated on May 19, 2025 and released to the public on Tuesday, the High Court overturned a ruling of a Regional Trial Court (RTC) that had ordered the reinstatement of an adultery case filed by a representative of a husband against his wife and another individual.
The case was initially dismissed by a Metropolitan Trial Court (MeTC), which ruled that only the offended spouse has the authority to initiate an adultery complaint. However, the RTC reversed the dismissal, citing that the complaint filed by the husband’s associate included a sworn affidavit from the husband himself.
The Supreme Court disagreed, citing Rule 110, Section 5 of the Revised Rules of Criminal Procedure and Article 344 of the Revised Penal Code, which clearly provide that adultery and concubinage are private crimes that may be prosecuted only through a complaint personally filed by the offended spouse.
The Court explained that the rule exists to protect the aggrieved party, noting that some spouses may prefer to endure the offense privately rather than be exposed to the public scrutiny and scandal of a criminal trial.
Because the adultery complaint in this case was initiated by a representative and not directly by the offended spouse, the Supreme Court ruled that no valid complaint existed and ordered the case dismissed.
