What if you discover your wife in the act sexual intercourse with her closest male friend? You are advised to file a criminal case for adultery, yet the emotional toll is overwhelming. You are devastated, heartbroken, and unsure if you can personally pursue legal action.

‍

Can you simply execute a Special Power of Attorney (SPA) authorizing someone else to file an adultery case on your behalf?

‍

A Painful Scenario

Imagine a loving husband, has been married to his wife for almost ten years and in a relationship with his wife for fifteen. Their union is blessed with three children.

‍

With your wedding anniversary approaching, you have been planning a celebration for weeks. Then one night, your world comes crashing down – you catch your wife having sexual intercourse with her “guy best friend.” The shock is unbearable. You never imagined she could betray you this way.

‍

Unable to face your wife and your children, you temporarily stay at your brother’s house. Your brother, a law student and understandably furious on your behalf, advises you to file a criminal case for adultery against your wife and her paramour. Still, your emotions hold you back. You love your wife, despite the pain.

‍

Your brother, then suggests a workaround: execute a Special Power of Attorney authorizing him to file the case for adultery for you.

‍

But is this legally possible?

‍

What is the Crime of Adultery?

Under Article 333 of the Revised Penal Code (RPC), adultery is committed by

1. A married woman who has sexual intercourse with a man other than her husband; and
2. The man who has sexual intercourse with her, knowing that she is married.

‍

Adultery is punishable against both the married woman and her paramour.

‍

Can Someone Else File the Case for You?

The short answer is no.

‍

In Aurel Ann Chua-Chiba vs. Jin Chiba and Michael Llona (G.R. No. 277020, May 19, 2025, the Supreme Court categorically ruled that only the offended spouse himself may file a complaint for adultery.

‍

Even if an agent or representative is armed with a Special Power of Attorney, the complaint cannot be validly file through another person.

‍

The Court emphasized that adultery is a private offense. The law strictly requires personal filing by the offended spouse to safeguard their discretion – whether to seek prosecution or to endure the injury in silence, free from public scandal.

‍

‍

The Legal Consequence

As the offended spouse, you alone have the legal capacity to initiate an adultery case. No relative, no lawyer, or representative – regardless of authorization – may do so in your place.

‍

Your brother, even with a Special Power of Attorney, cannot legally file the adultery complaint on your behalf. The decision to pursue or forgo prosecution belongs exclusively to you.

‍

Crimes involving marital relations are emotionally and legally complex. Before making any decisions that could permanently affect your family and future, it is crucial to seek sound legal guidance.

‍