Yes, language like this still exists on the books here in the Philippines and it can get you as well as your ‘Separated’ Filipina into a lot of trouble from the ‘offended’ other spouse. The ‘better’ news is that (and this is still unclear if Congress incorporated the following changes to the law or not, no data at this time.)..
Especially if this takes place by cohabitation in Now.. Only recently, in April of 2012 did the Philippines Congress convene on the issue of clarifying the laws regarding Adultery. they did not lessen the punishments or remove the Adultery laws.. the ‘accused’ (Defendant) spouse can counter and have the charges dropped from the ‘accusing’ (Prosecuting) spouse IF the ‘accusing’ spouse either (a) has been committing the same infidelity themselves or (b) has abandoned the home physically and financially for more than 1 year.
It is very common for men to arrive here, start making plans to marry and only then find out from the local Philippine government that you must prove you are divorced from any previous marriages, irregardless of where those marriages took place.
So, if you never did get legally divorced in your home-country but plan on re-marrying in the Philippines that is one loose end you will need to tie up before boarding a plane here. This is how you will present the Divorce Decree or Certificate of Death in order to prove you are legally free to “contract” marriage. Once you have this it is up to you whether you and your Filipina bride will officiate the wedding via a Priest at a church or at the government offices via a Judge or Judge’s Appointee.
Mariana is now a target to be jailed by her first husband (just out of spite) for committing Adultery..
which just so happens to be illegal in the Philippines.
I am not an attorney nor am I in any way providing anyone with the most current legal stances in place.
In July, 2012, I took a leap of faith and transplanted myself to the amazing Philippines.
The divorce or ‘dissolution’ process is not legally recognized here. But if you are a foreigner chances are you don’t know ‘the right people’ and will get ripped off by scammers who promise for a couple thousand in foreign currency they can make it happen. If, you as a foreigner come and marry a Filipina and then..
But the annulment process passes through several hands and if not everybody is on the same page.. for whatever reason you later decide you want to divorce.. You will have to return to your home-country and file for divorce there.
If either of those apply, the ‘accusing’ spouse cannot press charges.
Another thing, ONLY the spouse can file the charges, no meddling 3rd party (neighbors, friends, family) can file Adultery charges.. Again, it is still unclear if these conditions were incorporated into the current changes in the law this year or not. But I believe there’s always a way if a person gets the right counsel, preferably from an attorney if needed. S., one inexpensive way to get unlimited consultation with an Attorney is via the I wish you all the best in your search for love and romance here in the Philippines.