With the recent Coldplay concert scandal making headlines, many are wondering what happens to the married couple involved. Some are speculating about divorce, while others are asking what legal options even exist.
But here’s the reality: in the Philippines, divorce is not an option.
So the question is:
How do you deal with cheating in the Philippines when divorce is still not legal?
As a woman lawyer, I’ve been asked this question so many times—by clients, friends, even strangers who just need clarity and comfort. I’ve handled many of these cases myself, since the truth is, many women find it easier to talk to a woman lawyer when the betrayal is this deep, this personal.
In the Philippines, here are your legal options if you’re facing infidelity (cheating) in your marriage:
- You may file a criminal case under Republic Act 9262, the Anti-Violence Against Women and Their Children Act (VAWC). This covers not just physical abuse, but also emotional, psychological, and even economic abuse. In fact, the Supreme Court in a 2023 case declared that marital infidelity is psychological violence under this law. The law recognizes the impact of betrayal, humiliation, and financial neglect.
- You can also file a criminal case for CONCUBINAGE under Article 334 of the Revised Penal Code. The law lists three (3) specific acts of concubinage by a husband: (1) keeping a mistress in the conjugal dwelling; (2) sexual intercourse, under scandalous circumstances, with a woman who is not his wife; and (3) cohabiting with a woman who is not his wife in any other place. However, in practice, proving this in court can be tough. It is not enough that you have photos of your husband and the mistress because the specific acts and elements of the crime exist, and you need to prove it beyond reasonable doubt.
- If your goal is to end the marriage (Of course, this is not an easy decision!), a petition for Declaration of Nullity of Marriage is the only legal pathway to end a marriage in the Philippines. Common ground includes psychological incapacity. It should be noted that marital infidelity is not a direct ground to declare a marriage null and void. However, it can be a manifestation of psychological incapacity, and you must prove that such infidelity stemmed from a psychological condition that existed before the marriage, and such psychological condition must be likewise be grave and incurable, among others. This is a civil case and usually takes years for the Decision to come out, but it can also be the first legal step toward healing.
Cheating is more than just a personal betrayal—it can have legal consequences. If you’re going through this, know that you have legal rights, and you’re not alone.
We must continue to talk about the legal protections available in the Philippines—even without divorce—because while the law still has a long way to go, you are not powerless.
Disclaimer: The content of this blog is for informational and educational purposes only and should not be considered as legal advice. While we strive to provide accurate and up-to-date information, the blog does not create an attorney-client relationship. For legal concerns or specific legal guidance, please consult a qualified lawyer.
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Author/s: Atty. Kathrina Mishael Sadsad
About the author: Graduated in top 5 from the University of Santo Tomas Faculty of Civil Law, and as a way to give back to her alma mater, Atty. Sadsad taught various law subjects within the University, including Obligations and Contracts, Corporation Laws, and Taxation.
She is focused on the field of civil and family law, including petitions for nullity of marriage, adoption cases, and judicial recognition of foreign divorce. Atty. Sadsad also handles criminal justice. She enjoyed great success as a trial lawyer, and her reputation for zealous and skilled representation resulted in her being retained to represent numerous high-profile clients.