Dear Atty. Angela,
I caught my wife cheating on me with her former boyfriend. We have two children whom I want to protect and I don’t want to be named in the case. I plan to file an adultery case through a representative with my express authority and I will also provide my Affidavit. Is this legally sufficient to pursue the case?
Anton
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Dear Anton,
It is expressly provided by law that adultery cases can only be filed by the legally married, “offended spouse,” in compliance with Rule 110, Section 5 of the Revised Rules of Criminal Procedure and Article 344 of the Revised Penal Code. As such, a mere representative even when clothed with authority, cannot file on behalf of the aggrieved spouse.
In the case of Aurel Ann Chua-Chiba v. Jin Chiba and Michael Llona, G.R. No. 277020, 19 May 2025, the Supreme Court reiterated that that adultery and concubinage are private crimes that may be prosecuted only upon a complaint filed by the offended spouse.
The SC explained that this requirement exists “out of consideration for the aggrieved party who might prefer to suffer the outrage in silence rather than go through the scandal of a public trial.” The law allows the offended spouse to decide whether to bring the matter to court or handle it privately.
In your case, applying this strict policy, the case will be dismissed where only a representative filed the complaint. Again, as you are unable to meet the requirement under the Revised Rules of Criminal Procedure and the RPC, it is though as if no valid complaint was filed.
As wisely discussed by the Court, it strictly applies the law when prosecuting private crimes. The relationship between spouses, including cases of infidelity, is a private matter that the government must not interfere with.
Atty. Angela Antonio