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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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Sixteenth Congress
Fist Regular Session

House Bill No. 3346

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F, Bello

EXPLANATORY NOTE,

The 1987 Philippine Constitution, in Section 14 of Article II, recognizes the role of women in
nation-building, and ensures the fundamental equality before law of women and men. This
Constitutional policy led to the enactment of pieces of legislation which promote rights of
women and which eliminates gender bias and discrimination. The latest of these laws is Republic
Act No. 9710 or the Magna Carta of Women, which establishes the government’s role in taking
appropriate measures to eliminate discrimination against women, especially with regard to
‘marriage and family relations. In fact, Section 12 of RA 9710 provides that “(he State shall take
steps to review and, when necessary, amend and/or repeal existing laws that are discriminatory
to women within three (3) years from the effectivity” of the Magna Carta of Women.

‘The Constitutional mandate and the provisions of RA 9710 show that itis incumbent upon the
State to ensure that steps are taken in reviewing existing laws which are discriminatory to

‘women. This, of course, includes a review of the Retised Penal Code

Article 351 of the Rertied Penal Code makes it a crime for a woman to re-marry within a certain
period of three hundred days after the termination of a previous marriage. This curtailment of
the right of a woman to marry has no corresponding curtailment on the part of a man, and is
discriminatory against women. While no person has been convicted of violating Article 351, the
threat of its application still exists and continues to be an obstacle in the attainment of gender

equality on matters relating to marsiage and family relations.

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This bill will repeal Article 351 and will remove the offense of premature marriages. It is a step
towards the full realization of gender equality, and is a satisfaction of the State’s responsibility to
‘ensure that women and men are equally assured of their fundamental sights.

In view of the foregoing, immediate approval of this measure is eamestly sought.

Locke am II WALDEN F. BELLO


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Metra Manila

Sixteenth Congress
Vins Regular Session

House BilNo. _ 3846

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez I] and Walden F. Bello

AN ACT
REPEALING ARTICLE 351 OF ACY NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE “REVISED PENAL CODE,

AND FOR OTHER PURPOSE:
Be it enacted by the Senate and Howse of Representatives of the Philippines in Congress assembled

SECTION 1.Repeal of Article 351 of Act No. 3815—\ricle 351 of Act No. 3815, as

amended, otherwise known as the “Rerised Penal Code” which reads:

“Article 351, Premature marriages—Ney widow who shall marry
within three hundred and one day from the date of the death of

her husband, or before having delivered if she shall have been

Pregnant at the time of his death, shall be punished by arreste

‘mayor and a fine not exceeding 500 pesos.”
is hereby repealed.
SECTION 2. Retroactive effect —All pending caminal cases, and accompanying civil cases, if

any, for a violation of Article 351 of the Rerised Penal Code shall be dismissed upon the effectivity

of this Act


1

Pursuant to Section 2 of the 1987 Philippine Consttvtion prohibiting the enactment of ex pas flo

Jaws of bills of attainder and to Aricle 22 of the Reraed Pena! Cod’, the provisions of this Act

shall have retroactive effect insofar as they are fav

ew the person charged or convicted

under Article 351 of the Revised Penal Code, who 1s not a habitual criminal, as defined in Rule 5 of

Article 62 of the said Cad, even if at the ume of the publication of this Act a final sentence has

been pronounced and the convict is serving the same. Therefore. all persons serving sentence for

a violation of Article 351 of the Reeied Pena! Cade shall be immediately released upon the
effectivity of this Act: Provided, That they are not serving sentence or detained for any other

offense or felony

SECTION 3. Separability clause —If any part, section or provision of this Act is held invalid

or unconstitutional, other provisions not affected thereby shall remain an full force and effect.

SI

STION 4. Repealing clause —N) lyws. decrees one snd repulanons or orher

issuances, particularly that of the Ra Jel ane inennsistent sath the provisions of

this Act, are hereby repealed, amended, or moxdilted accordingh Yeuele 351 of the Reviied Penal

Code ss repealed.

SECTION 5. Effeccivit

This Act shall take effect fitteen /15) days after the completion of

its publication in the Official Gugetteor in two (2) newspapers of general circulation,

Approved,