Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  1041 
Introduced by 4Ps Partylist Representative 
JC M. ABALOS 
EXPLANATORY NOTE 
Under the Bill of Rights of the Philippine Constitution, any person shall be 
accorded equal protection under the laws. This ensures that regardless of the gender 
of its citizens, the State shall enforce the law and provide them with due process 
equally.  
The Revised Penal Code (RPC) provides for penal provisions in the 
implementation of our laws, which was enacted in 1930 and continues to be in effect 
to date. Although it had undergone numerous amendments, in the matter of 
penalties for crimes against chastity, RPC leans heavily against women or wives who 
commit adultery in contrast to the acts committed by men or husbands who commit 
concubinage. Undoubtedly, this goes against the fundamental principle of equality 
provided in the Constitution.  
Hence, recognizing that the application of the laws should be the same for 
women and men who commit similar acts, this bill proposes amendments to Article 
333 of the Revised Penal Code. The bill seeks to eliminate gender bias by substituting 
the term marital infidelity in place of adultery and concubinage or those acts 
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interpreted as sexual infidelity. It also aims to repeal Article 334 of the RPC to do 
away with concubinage or the distinction in the treatment of a husband's sexual 
infidelity.  
In view of the foregoing, approval of this bill is earnestly sought. 
JC M. ABALOS 
Representative 
4Ps Partylist 
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  1041 
Introduced by 4Ps Partylist Representative 
JC M. ABALOS 
AN ACТ ELIMINATING GENDER BIAS IN ADULTERY AND CONCUBINAGE, 
FURTHER AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 3815, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 333, Chapter One, Title Eleven, Book II of Republic Act 
No. 3815, otherwise known as the Revised Penal Code, as amended, is hereby 
amended to read as follows: 
“ARTICLE 333. MARITAL INFIDELITY [Who are Guilty of Adultery]. 
- MARITAL INFIDELITY [Adultery] is committed by any married PERSON
[woman] who shall have sexual RELATIONS [intercourse] with a PERSON
[man not] OTHER THAN HIS OR her SPOUSE [husband] and by the
PERSON [man] who has carnal knowledge of HIM OR her, knowing HIM
OR her to be married, even if the marriage be subsequently declared void.
MARITAL INFIDELITY [Adultery] shall be punished by prisión 
correccional in its MINIMUM [medium] and MEDIUM [maximum] periods. 
ANY PERSON ACCUSED OF MARITAL INFIDELITY SHALL BE 
EXEMPT FROM CRIMINAL LIABILITY IF THE OFFENSE WAS 
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COMMITTED AFTER THE ISSUANCE OF A FINAL DECREE OF LEGAL 
SEPARATION BY A COMPETENT COURT. HOWEVER, IF THE OFFENSE 
WAS COMMITTED AFTER THE ACCUSED SPOUSE HAD BEEN 
JUSTIFIABLY ABANDONED [If the person guilty of adultery committed 
this offense while being abandoned without justification] OR SUBJECTED 
TO PHYSICAL VIOLENCE OR ABUSIVE CONDUCT by the offended 
spouse, the penalty next lower in degree than that provided in the [next] 
preceding paragraph shall be imposed[.], AND THE SAMЕ PENALTY 
SHALL BE IMPOSED ON THE CO-ACCUSED IN THE MARITAL 
INFIDELITY CASE." 
 
SEC. 2. Article 334, Chapter One, Title Eleven, Book II of Republic Act No. 
3815, otherwise known as the Revised Penal Code, as amended, is hereby repealed. 
 
SEC. 3. The succeeding articles of the Revised Penal Code are hereby 
renumbered accordingly. 
 
SEC. 4. Article 344, Chapter Five, Title Eleven, Book II of Republic Act No. 
3815, otherwise known as the Revised Penal Code, as amended, is hereby amended: 
 
"ARTICLE 344. Prosecution of the Crimes of MARITAL INFIDELITY 
[Adultery, 
Concubinage], 
Seduction, 
Abduction, Rape and Acts of 
Lasciviousness. - The crime[s] of MARITAL INFIDELITY [adultery and 
concubinage] shall not be prosecuted except upon a complaint filed by the 
offended spouse." 
 
XXX 
 
SEC. 5. Repealing Clause. — All laws, decrees, orders, and issuances, or 
portions thereof, which are inconsistent with the provision of this Act, are hereby 
repealed, amended, or modified accordingly. 
 
SEC. 6. Effectivity Clause. — This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in two (2) newspapers of general circulation. 
 
 
Approved, 
 
 
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