Commission of adultery by the wife is a valid defense in an action for support

Dear PAO,

My wife is claiming for support from me. To my mind, this woman must be really incredible because she demanded after my discovery of her in fidelity tome. For a brief background, I recently discovered that she was having an affair with someone else. I am amazed by her gut sin doing all of these tome. Do I have legal basis to at least refuse to grant her demand for support?

Buboy

Dear Buboy,

The answer to your query is yes. To begin with, Executive Order 209, otherwise known as The Family Code of the Philippines, provides that spouses are obliged to render support to each other, viz:

“Article 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

“( 1) The spouses;

“(2) Legitimate ascendants and descendants;

“(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

“(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

“(5) Legitimate brothers and sisters, whether of full or half-blood (291a)” (Emphasis supplied)

Nonetheless, even if the law states that the husband and wife are obliged to give mutual support, it does not, however, go without an exception. In this regard, the Supreme Court in the case of Reyes vs. Ines- Luciano (GR L-48219, Feb.

28, 1979), ponencia of Associate Justice Ramon Fernandez, held, to wit:

“It is true that the adultery of the wife is a defense in an action for support however, the alleged adultery of wife must be established by competent evidence. The allegation that the wife has committed adultery will not bar her from the right receive support pendente lite. Adultery is a good defense and if properly proved and sustained wig defeat the action.” (Emphasis supplied)

Thus, as previously mentioned, although spouses are obliged to render mutual support, the wife’s adultery is a valid defense by the husband in refuting the claim for support. It is a valid and legal defense that is juris-prudentia supported.

At any rate, to be a valid defense, the allegation of adultery must be supported by competent pieces of evidence. Stated otherwise, a mere allegation will not suffice absent any proof to establish such claim. Therefore, in your case, you would need to support your position that your wife indeed committed adultery in order for your defense in an action for support filed by your wife to prosper and succeed.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.