SC reaffirms adultery as private crime

The Supreme Court (SC) on Tuesday dismissed an adultery case, reiterating that only an offended spouse may personally initiate such a complaint under Philippine law.

The court’s Second Division reversed a Regional Trial Court ruling that had sought to reinstate charges against two individuals, identified as Aurel and Michael. The decision, written by Associate Justice Antonio Kho Jr., clarified that adultery and concubinage are private crimes that cannot be prosecuted through a representative.

The case originated from a complaint filed by a representative of the husband, identified as Jin. While Jin provided a complaint-affidavit as an attachment, the court ruled that this did not satisfy the legal requirement for the offended party to file the case personally.

Citing the Revised Rules of Criminal Procedure and the Revised Penal Code, the justices emphasized that the requirement is mandatory. The SC explained that the law treats adultery as a private crime to protect the aggrieved party, who may prefer to suffer in silence rather than endure the scandal of a public trial.

“The decision to bring such a matter to court rests solely with the offended spouse,” the court stated. Because Jin’s representative — rather than Jin himself — filed the formal complaint, the court held that no valid case ever existed.

In a concurring opinion, Senior Associate Justice Marvic Leonen called for a strict application of the law regarding private crimes. He noted that marital relationships and infidelity are essentially private matters, and the state should intervene only when all legal requirements are strictly met.

The Metropolitan Trial Court had initially dismissed the charges, but the Regional Trial Court later overturned that decision, arguing that the attached affidavit from the husband was sufficient. The Supreme Court’s ruling Tuesday effectively ends the litigation.