EXPLAINER: Can you file a criminal complaint against your cheating partner?
Social media noise broke out after Anthony Jennings’ ex-girlfriend Jam Villanueva took to Instagram Story "receipts" of his alleged affair with Maris Racal.
Villanueva’s screenshots date back to June, a few weeks before Racal publicly admitted that her relationship with OPM legend Rico Blanco was over. Jennings, meanwhile, confirmed his breakup with Villanueva on Nov. 30 after being together for nearly seven years.
The screenshots showed Racal and Jennings' alleged conversations that ranged from flirty to intimate.
"I've been trying to hold myself together through everything that's been happening. But after hearing all the things being said about me—about my character, my intentions, and even my family, I can’t stay silent any longer,” Villanueva said in her initial story entry. "There's only so much silence a person can bear when rumors twist the truth. I'm sharing this because I need to set the record straight—not to create more drama, but because I deserve to be heard, just like anyone else."
"When Maris came into the picture, I was genuinely happy for you both. I even chose to be supportive, despite the red flags I couldn't ignore. I respected your craft. I believed in you both. But betrayal like this cuts deep,” she added.
The latest celebrity scandal raised not only talks of morality but also legal discussions.
Can you file a case against someone for cheating on you?
Atty. Carlo John Pascual of Manalo and Valenton Law Offices told PhilSTAR L!fe that a victim may file a case for violation of Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004.
The law states that the act/s may be against someone's wife, a former wife, or a woman with whom the person has or had a sexual or dating relationship. A dating relationship is defined in the act as a "situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship."
"A boyfriend-girlfriend relationship falls squarely under the said definition," Pascual said. "If infidelity caused mental or emotional suffering on the victim, then she may take legal action since it is considered psychological violence under RA 9262." Section 3 defines psychological violence as "acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and mental infidelity."
Atty. Maggie Garduque told L!fe that in the case of a man getting cheated on, he may file a civil case for damages only if he and his fiancé are about to get married and there's already expenditure in preparation for the wedding.
She added that the man may also claim properties if they're living together, in accordance with the Family Code.
Not automatically penalized
As a "general rule," Garduque said infidelity in relationships outside marriage is not considered a criminal act.
"Infidelity per se in non-marital relationships is not automatically penalized under RA 9262," she noted.
The lawyer pointed out that it's only when the act of cheating itself leads to would-be mental or emotional suffering that it's deemed psychological violence as defined by the law.
"It must be substantial and well-documented for the courts to consider the case," Garduque said. She cited as an example a psychological evaluation report that proves the victim's emotional distress.
Pascual echoed the age-old dictum that the burden of proof is on the accuser.
"Similar with other cases, a complainant must have documentary and/or testimonial evidence that will show the commission of such an act," he said. "It is a well-entrenched rule that mere allegations do not equate to proof."
Unsuccessful cases
Garduque cited cases in which women sued the men for not fulfilling their promises in their marriage but lost because such moves were "not actionable." Case laws regarding unsuccessful lawsuits date back to the '60s: Hermosisima v. Court of Appeals and Estopa v. Piansay in 1960, Wassmer v. Velez in 1964, and Baksh v. Court of Appeals in 1993.
"Doon nga sa magpapakasal na, 'di natuloy (ang kaso). Ito pa kayang magboyfriend/girlfriend lang?" Garduque said. "If mere cheating in non-marital relationships shall be considered psychological violence, then I don't think we will have enough jails for those who will commit this."
To put it simply, Garduque cited Supreme Court Justice Marvic Leonen's famous words in his decision in the Guevarra v. Banach in 2021: "Litigation to the sorrows caused by a broken heart and a broken promise must be discouraged."
