THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPWES 
1 
*(77 
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First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
This Bill seeks to remove the discrimination against women from our penal statute books 
by repealing the three hundred and one (301) days penal prohibition to remarry. 
Act. No. 3815, (The Revised Penal Code) Art. 351 states: 
“any widow who shall marry within three hundred and one days 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 arresto mayor and a 
fine not exceeding 500pesos” 
The same penalties shall be imposed upon anv woman whose marriages 
shall have been annulled or dissolved. if she shall marm before their deliverv or 
before the expiration of the period of three hundred and one davs after the legal 
separation. (Emphasis supplied) 
The above provision of law is intended to prevent confusion in connection with filiation 
and paternity. 
This anachronistic provision smacks of pronounced discrimination against women, 
Besides, it must be distinctly observed that present advances in medical technology allows the 
detection of pregnancy even almost at its inception. In recognition of this medical phenomenon, 
Article 168 of Executive Order No. 209, as amended, merely provides: 
“If the marriage is terminated and the mother contracted another mamane 
within three hundred davs after such terminatioii of the former marriage. these 
rules shall govern in the absence of proof to the contrarv: 
(1) A child born before one hundred eightv davs after the solemnization of 
the subsequent marriage is considered to have been conceived durinn the former 
marriage. provided it be born within three hundred days after the termination of 
the former marriage: 
(2) A child is born after one hundred eightv davs following the celebration 
of the subsequent marriage is considered to have been conceived during such 


marriage. even though it be born within three hundred davs after the termination 
of the former marriage.” (Emphasis supplied) 
While Article 351 might not have resulted to any conviction, its constant threat of 
application hangs like a “Damocle sword” over the head of women. 
This bill is a product of the public hearings conducted by the Committee on 
Constitutional Amendments, Revision of Codes and Laws during the Tenth Congress. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHKIPPINES 
1 
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~. 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Sahtiago 
AN ACT 
REPEALING ART. 351 OF THE PENAL CODE ON PREMATURE MARRIAGES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Art. 351 of the Penal Code on Premature Mamages is hereby repealed 
without prejudice to the presumptions provided for in Title VI of the Family Code on Paternity 
and Filiation. 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of i nstrnction, administrative order, rule or regulation contrary t 0, or inconsistent 
with, the provisions ofthis Act is hereby repealed, modified or amended accordingly. 
SECTION 3.. Eflectivity Clause. - This Act shall take effect fifteen (15) days aRer its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
Flu: 985