EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO. 
617
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’19 JUL 18 PI 140
Introduced by SENATOR JOEL VILLANUEVA
AN ACT DEFINING AND PENALIZING MARITAL INFIDELITY, 
AMENDING FOR THE PURPOSE ACT NO. 3815, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE
EXPLANATORY NOTE
The family is the basic autonomous social unit of the nation. It is the 
primary conduit where values and beliefs are passed on from one individual to 
another. A nation is only as strong as the millions of families that comprise it. 
However, one of the social ills that plagues the stability of the family is marital 
infidelity. This despicable practice causes strained relationships among 
spouses and children. This form of irresponsibility also undermines the duties 
of spouses to remain faithful and observe mutual affection. Without the 
stringent intervention of the State against infidelity, marriage as an institution 
will collapse.
This bill seeks to strengthen the law on marital infidelity, as well as to 
eliminate the unequal treatment between the crimes of adultery and 
concubinage under Article 333 and Article 334 of the Revises Penal Code, 
respectively. Indeed, the present penal framework for these crimes has 
created a bias in favor of married men. Currently, married men will only be 
guilty of concubinage if they commit intercourse with a woman who is not his 
spouse under very specific and hard-to-prove conditions. On the other hand, a 
married woman who engages in intercourse with a man who is not her spouse 
may be held liable for adultery already, without the necessity of proving the 
elements similar to that of the crime of concubinage.


This bill aims to remove this unequal and unfair distinction based on 
sex. Sex should not be used to favor one over the other without substantial 
distinctions. The archaic view towards men and women under the Revised 
Penal Code should not be allowed to persist today.
The immediate passage of this bill is earnestly sought.
SENATOfT/JOEL VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO. 617
' '5il. ■ M10 is I ■: tn ri>
'19 JUL 18 PI ■•40
Introduced by SENATOR JOEL VILLANUEVA
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AN ACT DEFINING AND PENALIZING MARITAL INFIDELITY, 
AMENDING FOR THE PURPOSE ACT NO. 3815, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. This Act shall be known as the “Anti-Marital Infidelity Act.”
SEC. 2. Article 333 of Act No. 3815, otherwise known as the Revised Penal 
Code, is hereby deleted in its entirety and replaced with the following:
ARTICLE 
333. 
MARITAL 
INFIDELITY. 
-  
MARITAL 
INFIDELITY IS COMMITTED BY ANY MARRIED PERSON 
WHO 
SHALL 
HAVE 
SEXUAL 
INTERCOURSE 
WITH 
ANOTHER PERSON WHO IS NOT HIS/HER LEGITIMATE 
SPOUSE, EVEN IF THE MARRIAGE BE SUBSEQUENTLY 
DECLARED VOID, AND BY THE PERSON WHOM HE/SHE 
HAS SEXUAL INTERCOURSE WITH, KNOWING THE 
GUILTY SPOUSE TO BE MARRIED.
MARITAL INFIDELITY SHALL BE PUNISHED BY PRISION 
CORRECCIONAL 
IN 
ITS 
MEDIUM 
AND 
MAXIMUM 
PERIODS.
IF THE 
PERSON GUILTY OF 
MARITAL 
INFIDELITY 
COMMITTED THIS OFFENSE WHILE BEING ABANDONED 
WITHOUT JUSTIFICATION BY THE OFFENDED SPOUSE 
FOR A PERIOD OF AT LEAST THREE (3) YEARS, THE 
PENALTY 
NEXT 
LOWER 
IN 
DEGREE 
THAN 
THAT 
PROVIDED ABOVE SHALL BE IMPOSED.


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MUSLIMS AND MEMBERS OF INDIGENOUS PEOPLES 
COMMUNITIES WHO ACTIVELY AND CONTINUOUSLY 
PRACTICE SINCE TIME IMMEMORIAL CUSTOMS AND 
TRADITIONS ALLOWING MULTIPLE SPOUSES SHALL BE 
HELD LIABLE FOR MARITAL INFIDELITY IF THEY ENGAGE 
IN SEXUAL INTERCOURSE WITH ANY PERSON OTHER 
THAN THE OFFICIAL SPOUSES RECOGNIZED BY THEIR 
RESPECTIVE FAITHS AND TRADITIONS.
SEC. 3. Article 334 of the Revised Penal Code is hereby deleted.
SEC. 4. Article 344 of the Revised Penal Code is hereby amended to read as 
follows:
Article 
344. 
Prosecution of the crimes of [adultery, 
concubinage,] MARITAL INFIDELITY, seduction, abduction, 
rape and acts of lasciviousness. - The [crimes] CRIME of 
MARITAL INFIDELITY MAY BE PROSECUTED UPON A 
COMPLAINT FILED BY THE OFFENDED SPOUSE. THEIR 
ASCENDANTS. DESCENDANTS. AND RELATIVES BY 
CONSANGUINITY OR AFFINITY WITHIN THE FOURTH 
CIVIL DEGREE.
The offended party cannot institute criminal prosecution 
without including both the guilty parties, if they are both alive, 
nor. in any case, if the [he] OFFENDED SPOUSE consented 
TO SUCH ACT or pardoned the offenders IN WRITING OR 
IS LIKEWISE GUILTY OF MARITAL INFIDELITY. THE 
CONSENT. PARDON OR INFIDELITY OF THE OFFENDED 
OR 
COMPLAINANT-SPOUSE 
SHALL 
BAR 
THE 
INSTITUTION 
OF 
THE 
ACTION 
BY 
HIS/HER 
ASCENDANTS, DESCENDANTS, AND RELATIVES BY 
CONSANGUINITY OR AFFINITY WITHIN THE FOURTH 
CIVIL DEGREE.
The 
offenses 
of 
seduction, 
abduction 
or 
acts 
of 
lasciviousness, shall not be prosecuted except upon a 
complaint filed by the offended party or her parents, 
grandparents, or guardian, nor, in any case, if the offender 
has been expressly pardoned by the above named persons, 
as the case may be.
In cases of seduction, abduction and acts of lasciviousness, 
the marriage of the offender with the offended party shall 
extinguish the criminal action or remit the penalty already 
imposed upon him. The provisions of this paragraph shall 
also be applicable to the co-principals, accomplices and 
accessories after the fact of the above-mentioned crimes.


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SEC. 5. Separability Clause. -  If any provision of this Act is declared 
unconstitutional or invalid, the other provisions not affected thereby shall 
continue to be in full force and effect.
SEC. 6. Repealing Clause. -  All laws, decrees, rules and regulations, or 
parts thereof inconsistent with this Act are hereby repealed or amended 
accordingly.
SEC. 7. Effectivity. -  This Act shall take effect fifteen (15) days following its 
complete publication in the Official Gazette or in at least two (2) newspapers 
of general circulation.
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Approved,