SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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First Regular Session 
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SEP -5 P 1 :56 
SENATE 
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Senate Bill No._1543 ' 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
It is the policy of the State to ensure the fundamental equality before the 
law of women and men. While significant changes in legislation have been made 
since the declaration of this State policy under the Constitution, the crimes of 
adultery and concubinage in the Revised Penal Code, which manifestly show 
unequal treatment of husband and wife, still remain. 
The unequal treatment of husband and wife in the crimes of adultery and 
concubinage is plain and obvious. One sexual intercourse by a wife with a man 
not her husband is already adultery, while concubinage is committed by a 
husband, only when he keeps a mistress in the conjugal dwelling, has sexual 
intercourse under scandalous" circumstances with a woman ncit his wife, or 
cohabits with a concubine in any other place. 
Thus, if the husband's sexual relations with a woman not his wife does not 
fall in anyone of these circumstances, he is not criminally liable, unlike the wife 
where all it takes for her to be criminally liable is one sexual intercourse with a 
man not her husband. 
This bill proposes to punish marital infidelity or sexual intercourse by a 
husband or wife with another person not his or her spouse, amending the crimes 
of adultery and concubinage under the Revised Penal Code, to eliminate the 
double standard between husband and wife and promote the fundamental 
equality before the law of women and men. 
GOY EJERCITO ESTRADA 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
HiHh;, of t~. ;>fcr'tnf~ 
First Regular Session 
SENATE 
) 
) 
) 
Senate Bill No. 
1543~ 
'13 
SEP -5 P 1 :56 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
CHANGING THE CRIME OF CONCUBINAGE INTO MARITAL INFIDELITY, 
AMENDING ARTICLE 333 AND ARTICLE 334 OF ACT NO. 3815, 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 333 of Act No. 3815, as amended, otherwise known 
as the Revised Penal Code, is hereby deleted, 
Sec. 2. Article 333 of Act No. 3815, as amended, otherwise known as the 
Revised Penal Code, is hereby amended to read as follows: 
"Art. 334. [Concubinage] MARITAL INFIDELITY. - Any 
husband OR WIFE shall have keep a mistress OR PARAMOUR in 
the conjugal dwelling, or shall have sexual intercourse, under 
scandalous Circumstances, with a woman OR MAN who is not his 
OR HER wife OR HUSBAND, or shall cohabit with her OR HIM in 
any other place, shall be 
punished by prision correccional in its 
minimum and maximum periods. 
"IF THE PERSON GUILTY OF MARITAL INFIDELITY 
COMMITTED THIS OFFENSE WHILE BEING ABANDONED 
WITHOUT JUSTIFICATION BY THE OFFENDED SPOUSE, THE 
PENALTY NEXT LOWER IN DEGREE THAN THAT PROVIDED IN 
THE NEXT PRECEDING PARAGRAPH SHALL BE IMPOSED." 
Sec. 3. Repealing Clause. - Act No. 3815, as amended and all laws, 
decrees, orders, rules and regulations or other issuances or parts thereof 
inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
Sec, 4. Separability Clause. - If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any provisions of this Act 
or any provisions not affected thereby shall remain in force and effect. 


Sec. 5. Effectivity. - This Act shall take effect after fifteen (15) days 
following the completion of its publication either in the Official Gazette or in a 
newspaper of general circulation in the Philippines. 
Approved,