EIGHTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S.B. NO. <
o( lljr ^ecret u f
If JUL24 P4 *48,
---------------------------------------------------------------- HECTiV a Ufr
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN ON 
LAWS RELATING TO CRIMES AGAINST CHASTITY, AMENDING FOR 
THIS PURPOSE ARTICLE 333 AND REPEALING ARTICLE 333 OF ACT 
3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
The 1987 Philippine Constitution affirmed the role of women in nation-building 
and endeavors to ensure the fundamental equality before the law of men and 
women. Despite major reforms in our laws to implement the State policy, there 
are still a number of discriminatory provisions under our laws which prejudice 
against women.
Act 3815, otherwise known as the Revised Penal Code, under Article 333 and 
Article 334 punishes the crime of adultery and concubinage. Adultery is 
committed by a married woman who shall have sexual intercourse with a man 
not her husband. On the other hand, concubinage is committed by the husband 
under circumstances provided under the law which are difficult to prove (i.e. if 
the husband shall keep a mistress in the conjugal dwelling, or shall have sexual 
intercourse, under scandalous circumstances, with a woman who is not his wife, 
or shall cohabit with her in any other place). The penalty for adultery is 
remarkably higher than the penalty for concubinage.


These provisions which perpetuate discrimination against women are inconsistent 
with the policy of our law ensuring equality before the law. Thus, consistent with 
the declaration in Republic Act No. 9710, or the Magna Carta of Women, 
provisions of law which engender inequality should be abolished.
There have been, in the past, series of proposals to amend this anti-women 
provision in the Revised Penal Code. None however have been enacted into law. 
It is therefore strongly urged that the passing of this bill be granted utmost 
importance.
In view of the foregoing, the passage of this bill is earnestly recommended.
MARIA LOURDES NA 
Senator
S. BINAY


EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
S.B. NO.
S E N /^ t 
NO. < b o
o( tljf 
crftnrp
‘1 f 
JUL24 P 4-48
RECEiVl&nt:
Introduced by Senator Maria Lourdes Nancy S. Binay
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AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN ON 
LAWS RELATING TO CRIMES AGAINST CHASTITY, AMENDING FOR 
THIS PURPOSE ARTICLE 333 AND REPEALING ARTICLE 333 OF ACT 
3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR 
OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
Section 1. Title. -  Article 333 of Act 3815, otherwise known as the Revised 
Penal Code is hereby amended to read as follows:
Art. 333. Who are guilty o f MARITAL INFIDEUTY. -  MARITAL 
INHDELITY [Adultery] is committed by any married PERSON 
[woman] who shall have sexual intercourse with [a man] 
ANOTHER PERSON WHO IS not THE SPOUSE [her husband] and 
by the OTHER PERSON [man] who has carnal knowledge [of her] 
knowing SUCH PERSON [her] to be married, even if the marriage 
be subsequently declared void.
Adultery shall be punished by prision correccionai in its medium 
and maximum periods.
If the person guilty of [adultery] MARITAL INFIDELITY committed 
this offense while being abandoned without justification by the


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offended spouse, the penalty next lower in degree than that 
provided in the next preceding paragraph shall be imposed.
Sec. 2. Article 334 of Act 3815, otherwise known as the Revised Penal 
Code, is hereby repealed.
Sec. 3. Separability Clause. -  If any portion or provision of this Act is 
declared void and unconstitutional, the remaining portions or provisions hereof 
shall not be affected by such declaration.
Sec. 4. Repealing Clause. -  All laws, decrees, orders, rules and 
regulations, other issuances, or parts thereof inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly.
Sec. 5. Effectivity Clause. -  This Act shall take effect fifteen (15) days 
after its complete publication in at least two (2) national newspapers of general 
circulation.
Approved,