THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
Introduced by Senator Edgardo J. Angara 
u 
EXPLANATORY 
Under Article 333 of the Revised penal Code, “Adultery is 
committed by. any married woman who shall have sexual intercourse 
with a man not her husband ... (‘ 
On the other hand, a married man is liable for concubinage only 
when he does any of the three acts specified in Article 334 of the Revised 
Penal Code, to wit: 
(a) 
(b) 
(c) 
keeping a mistress in the conjugal dwelling; or 
having sexual intercourse under scandalous circumstances with a 
woman who is not his wife; or 
cohabiting with her in any other place. 
Although both the crimes of adultery and concubinage violate 
marriage vows, the law treats them differently. 
A married woman can 
already be convicted of adultery by a single act of sexual intercourse. 
While the husband can be convicted of concubinage only if sexual 
intercourse was performed under scandalous circumstances, or if he 
does any of the two other acts specified in the Revised Penal Code. 
Therefore, the law makes the crime of concubinage more difficult to 
establish. 
The law also imposes a lesser penalty for the crime of concubinage. 
Both the adulteress and her paramour are punished with imprisonment 
of prision correctional in its medium and maximum periods while the 
penalty for concubinage is prision correctional in its minimum and 
medium periods and destiewo for the husband and the concubinage 
re spec tively . 
Prominent commentators justify such discrimination by the fact 
that adultery makes possible the introduction of bad blood into the 
family thereby destroying family harmony and solidarity. 
This 
justification is incorrect as both adultery and concubinage violate the 
marital vows thus shattering family solidarity. 
This Act seeks to remedy such inequality in the law by amending 
Article 334 of the Revised Penal Code. 
The amendment deletes the 
phrase “under scandalous circurn~tances’~, 
increases the penalty and 
qualifies the penalty to be imposed on the concubine. 
The approval of this bill is therefore recommended. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
} 
OF THE PHILIPPINES 
} 
First Regular Session 
t 
4 
S. No. 
Introduced by Senator Edgardo J. Angara 
AN ACT 
AMENDING ARTICLE 334 OF ACT NUMBER 3915, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. 
Article 334 of Act Number 3815, as amended, 
otherwise known as the Revised Penal Code is hereby amended to read 
as follows: 
"Article 334. Concubinage - Any husband who shall keep a 
mistress in the conjugal dwelling or, shall have sexual intercourse [, 
under scandalous circumstances,] with a woman not his wife, or shall 
cohabit with her in any other place shall be punished by prision 
correctional in its [minimum and] medium AND MAXIMUM periods. 
IF THE PERSON GUILTY OF CONCUBINAGE COMMITTED THE 
OFFENSE WHILE BEING ABANDONED WITHOUT JUSTIFICATION BY 
THE OFFENDED SPOUSE, THE PENALTY NEXT LOWER IN DEGREE 
THAN THAT PROVIDED IN THE NEXT PRECEDING PARAGRAPH WILL 
BE IMPOSED." 
The concubine shall suffer the penalty of PRISION CORRECIONAL 
IN ITS MEDIUM AND MAXIMUM PERIODS IF SHE PERFORMS SEXUAL 
INTERCOURSE WITH THE MAN KNOWING HIM TO BE MARRIED, 
OTHERWISE, THE CONCUBINE SHALL SUFFER THE PENALTY OF 
destierro. 


See. 2. All laws, decrees, orders, rules and regulations or parts 
thereof inconsistent with this Act are hereby repealed or modified 
accordingly. 
Sec. 3. This Act shall take effect fifteen (15) days following the 
completion of its publication either in the official gazette or in at least two 
(2) newspapers of general circulation. 
Approved,