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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

COMMITTEE REPORT NO. 1748

Submitted by the Committee an Women & Gender Equality on 2 5 JAN 2012
Re: House BifNe.

Recommending its approval in substitution of House Bill Nos. 682, 912, 3301, 3502, 3721, 37618
pursuant to Privilege Speech No. 120

Spansors: Representatives Ma. Angelica M. Amanze-Matba, Maria Isabelle G. Climaco, Josephine
Veraniciie Lacso7-Noel and Susan A. Yap

Mr Speaker:

The Committee on Women & Gender Equality to which were referred House Bill Nc. 682
introduced by Representative Maria Isabelle G, Climaco, entitled:

"AN ACT
DEFINING AND PENALIZING MARITAL INFIDELITY AMENDING FOR THE PURPOSE ARTICLES 333
AND 334 OF ACT NO, 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE,”

House ait! No. 922 introduced by Representative Susan A, Yap, entitled:

PAN ACT
DEFINING AND PENALIZING THE CRIME OF MARITAL INFIDELITY, AMENDING FOR THE PUXPOSE
ARTICLES 333, 334 AND 344 OF ACT NO, 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE,”

House Bil No. 3302 introduced by Representative Josephine Veronique Lacson-Noes, entitiedt

"AN ACY
ELIMINATING GENDER BIAS IN ADULTERY AND CONCUBINAGE, AMENDING ARTIC.ES 333 AND
344, AND REPEALING ARTICLE 334, OF THE PENAL CODE,”

House Bi!l No. 3502 introduced by Representative Teddy Brawner Baguilat, entitled,

“AN ACT

DEFINING AND PENAUIZING THE CRIME OF MARITAL INFIDELITY, AMENDING FOR THE PURPOSE
ARTICLES 333, 334 AND 344 OF ACT NO 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE,”

Hause Bil: No. 3721 introduced by Representative ‘inabelle Ruth R, Villarica, entitled
“AN ACT

SIMPLIFYING THE ACTS CONSTITUTING CONCUBINAGE AMENDING FOR THIS PURPOSE ARTICLE
334 OF THE REVISED PENAL CODE OF THE PHILIPPINES,”


House Bill No. 3761 intraduced by Representative Pablo P. Garcia, entitled

“AN ACT
ANSNDING REPUBLIC ACT NUMBERED THREE THOUSAND EIGHT HUNDRED FIFTEEN, AS AMENDED,
OT-ERWISE KNOWN AS THE REVISED PENAL CODE QF THE PHILIPPINES, AND FOR OTHER
PURPOSES,”

and

Priv lege Speech No. 120 on Cancubinage & Adultery delivered oy Representative Linabelle Ruth R.
Villarica

. 5734

has considered the same and recommends that the attached House Bill No entitled:

AN ACT
AT AND PROV.DING PENALTIES
: 334 [CONCUSINAG#) AND ARTICLES 344 AND
345 OF TITLE ELEVEN, BOOK H OF ACT NO, 3815, AS AMENDED, OTHERWISS KNOWN AS THE
REVISED PENAL CODE

FOR, AMSSING

pursued +
be approved in substitution of House Bili Nos. 682, 912, 3301, 3502, 3721, 3761 ant, {,Privitege Speech
No. 120 witn Representatives Maria Isabelle G. Ciimaco, Susan A. Yap, Josephine Veronique R.
Lacsen-Noel, Teddy Brawner Baguiiat, Linabevle Ruth R. Villarica, Pabla P. Garcia, and Ma. Angetica
M. Amante-Matha as authors thereof.

Respecttully

MA. ANGELICA M. AM,
Chairperson, Committe

-MATBA
Women & Gender Equality

THE FONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
Guseon CY


w

Republic of the Philippines.
HOUSE OF REPRESENTATIVES
Quezon City

Fiiteenth Congress
Second Regular Session

a4
HOUSE BiLI.NO, 59734

(in Substitution to House Bill Nos. 682, 912, 3301, 3502, 3721 & 376) and
pursuant to Privilege Speech No. 120)

Introduced by Representatives Muria Isabelle G. Climaco, Susan A. Yap,
Josephine Veronique R. Lacson-Noe!l, Teddy Brawner Baguilat, Linabelle Ruth

R Villarica Pablo P. Garcia and Ma Angelica M. Amante-Matba

AN ACT

DEFINING THE CRIME OF SEXUAL INFIDELITY AND PROVIDING
PENALTIES THEREFOR, AMENDING FOR THE PURPOSE ARTICLE
333 (ADULTERY), ARTICLE 334 (CONCUBINAGE) AND ARTICLES
344 AND 345 OF TITLE ELEVEN, BOOK I! OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS TRE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.

SECTION 1. The provisions of Articles 333 and 334 of Act No. 3815 are

hereby repealed and, in lieu thereet. Articles 333 and 334 should now read as
toliows:
“Title Eleven
CRIMES AGAINST CHASTITY
Chapter One

{ADULTERY AND CONCUBINAGE]


o

é

SEXUAL INFIDELITY
JART, 333. Wha are guilty of adultery. ~ Adultery is
committed by any married woman who shall have sexual

uirse Wits man not hee

wusband and by the man who has

carnal knowiedge of her, knowing her to be married, even if the
marriage be subsequently deciared void

Adultery shall be punished by prision correecional in its
medium and maximum periods

If the person guilty of adultery committed this offense while
bemg abandoned with justitication by the offended spouse, the
penalty next lower in degree than that provided in the next
preceding paragiaph sitali be imposes,

ART. 334. Concubinaye. — Any husband who shail keep a
mistress in the conjugal dueling. 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, shall be punished
by prision correctional in its minimum and medium periods.

The concubine shall suffer the penalty of deszierro.]

ARI. 333 SEXUAL INFIDELITY. - SEXUAL
INFIDELITY 1S COMMITTED BY ANY LFGALLY MARRIFD.

PERSON WHO SHALS. HAVE SEXUAL INTERCOURSE


13

ty

15

36

WITH ANOTHER PERSON OTHER THAN THE MARRIED
PERSON’S SPOUSE AND BY THE PERSON WHO HAS
CARNAL KNOWLEDGE WITH THE MARRIED PERSON,
KNOWING THAT PERSON TO BE LEGALLY MARRIED,
EVEN IF THE MARRIAGE BE SUBSEQUENTLY DECLARED

VOID.

ART. 334. PENALTY. - SEXUAL INFIDELITY SHALL
BE PUNISHED BY PRISION CORRECCIONAL.

THE PENALTY OF PRISION CORRECCIONAL IN ITS
MAXIMUM PERIOD SHALL BE IMPOSED UPON AN
OFFENDER WHO SHALL KEEP A PARAMOUR IN THE
CONJUGAL DWELLING,

THE PENALTY OF PRISION CORRECCIONAL IN ITS
MEDICM PERIUD SHALL Be IMrusi UruNn in
OFFENDER WHO SHALL COHABIT WITH A PARAMOLR
IN ANY OTIIER PLACE.

THE PENALTY OF PRISION CORRECCIONAL IN ITS
MINIMUM PERIOD SHALL BE [IMPOSED IF THE OFFENSE
WAS COMMITTED UNDER ANY OF THE FOLLOWING

CIRCUMSTANCES:


10

ul

12

4

3s

6

A) WHEN THE ACCUSED SPOUSE HAD BEEN
ABANDONED WITHOLT JUST CAUSE FOR MORE THAN
ONE YEAR; AND

8B) WHEN THE ACCUSED SPOUSE HAD BEEN
SUBJECTED TO REPEATED PHYSICAL VIOLENCE OR
GROSSLY ABUSIVE CONDUCT BY JHE OFFENDED

SPOUSE.

SEC. 2. Articles 344 and 345 of the Revised Penal Code are, likewise,

amended to read as follows:

“ART. 344. Prosecution of the crimes of adultery.
coneubinage.) SEXUAL INFIDELITY. seduction, abduction, rape
and «ects of laseiviousness. ~ The crime[s] of [adultery and
concubinage| SEXUAL INFIDELITY shal! not be prosecuted
except upon complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution
without including both the guilty parties(,] if they are both alive,
nor in any case, if [he] THE OFFENDED PARTY IS LIKEWISE
GUILTY OF SEXUAL INFIDELITY, OR HAD ABANDONED

THE GUILTY SPOUSE WITHOLT JUST CAUSE FOR MORE


t THAN ONE YEAR OR [shail have] HAD CONDONED.
2 consented or pardoned the offenders.

4 ANN AAR REAL

4 “ART. 345. Chil fusbilin of persony guilty of crintes
5 agains? chosticy. — Persons guilty of rape. seduction or abduction
. shalt also be sentenced:

7 in Fo indemuiis the atfended woman.

8 2 To acknowledge the offspring, unless the law should
4 prevent him trom so doing

10 3. Im every case to support the offspring.

uw {The adniterer and the concubine} PFRSONS GLILTY
12 OF SEXUAL JNFIDELULY in the case provided for in article|s}
B 333. and 334] may aisu be sentenced, in the same preceeding or
ia in & separate civ! proceeding. to indemnify for damages caused w

lhe offended spouse.”

Ie SEC. 3. Hf any provision or part of this Act is held invalid or

1? unconstitutional, the remaini

Patis oF provisions not affected shall rersain in

force and cffeet,

B SE!

+ 4. All laws. decrees, orders, rules and regulations. and other

WES. OF Parts UbevVOl. tivotiassign Win Lins Agi are i

repeuied oF

21



SEC. S, This Act shall take cifect titteen (15) days after its publication in

ette ar in two (2) national newspapers of general circulation.

Approved,


FACT SHEET

nouseanino. 5734

{In Substitution of House Bill Nos. 682, 912, 3301, 3502, 3721 & 3761 and Privilege Speech No. 120)

‘AN ACT DEFINING AND PENALIZING SEXUAL INFIDELITY AMENDING FOR THE PURPOSE ARTICLES 333, 334
AND 344 OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Introduced by: REPRESENTATIVES MARIA ISABELLE G. CLIMACO, SUSAN A. YAP, JOSEPHINE VERONIQUE R.
LACSON-NOEL, TEDDY BRAWNER BAGUILAT, LINABELLE RUTH @, VILLARICA, PABLO P, GARCIA AND MA.
ANGELICA M. AMANTE-MATBA

Committee Referral: COMMITTEE ON WOMEN AND GENDER EQUALITY (PRIMARY)
Committee Chairperson: REP. MA. ANGELICA M. AMANTE-MATBA

Omectives:

* To protect the institution of marriage by penalizing acts of sexual infidelity; and
+ To eliminate gender bias in our statutes for the crimes of aduitery and concubinage.

KEY PROVISIONS:

* Defines sexual infidelity as “committed by any legally married person who shal have sexual
intercourse with another person other than his or her legal spouse, and by the person whe has
carnal xnowledge of hin: oF her, knowing him o¢ hes to be legaliy marriea, even if the marriage be
subsequently dectared void;”

* Metes the penalty of prision carreccional in its maximum, medium and minimum periods,
depending on the circumstances: in Its maximum period, if the offender keeps a paramour in the
conjugal dwelling; in its medium period, when an offender cohabits with a paramour in any cther
Place; and in its minimum period, when the accused speuse had been abandoned ar subjected to
repeated physical violence er grossly abusive conduct by the offended spouse;

+ Mandates that the crime of sexual infidelity shall not be prosecuted except upon complaint filec by
the offended spouse.

RELATED LAWS:

+ Articles 333, 334 and 344 of the Revised Penal Code
+ Republic Act No. 8353{Anti-Rape Law)
+ Republic Act No. 9710 (Magna Carta of Women}

Fipicco
‘fedites bis 20.20.13
puuLe
701.1642