Republic of the Philippines 
HOUSE OF THE REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
Introduced by CIBAC Party-List Representative 
Eduardo ‘Bro. Eddie’ C. 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 Constitution recognizes the role of marriage in the family as it 
is the foundation of the nation. Marriage not only binds two individuals by 
the laws of their respective religions, but also, the laws of the land as 
citizens. Breach of marriage laws is treated as an illegal act in the 
constitution with penalty and punishment. 
However, there have been arguments on how Article 333 and 334 
of the Revised Penal Code deal with marital infidelity. The current law 
distinguishes whether the act of infidelity is committed by a married man 
or woman, thus, raising a concern for gender bias on cases of adultery 
and concubinage. 
In the present framework, an offended wife could only file a case of 
concubinage if the male spouse is guilty of all three (3) elements. Adultery, 
on the contrary, needs to satisfy only a single element to be eligible for 
prosecution. In addition, disparity on the punishment also reflects a bias 
in favor of the male spouse. Such unequal treatment on different genders 
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and strict rules on female spouses creates an impression that married 
women have greater vulnerability towards infidelity as compared to 
married men—an assumption in contrary with the constitution’s goals 
towards equality and upholding the rights of women. 
This bill seeks to rectify the errors of the existing legal framework on 
marital infidelity. 
First, it abolishes the gender bias of existing provisions against 
sexual infidelity. The same elements and penalties are prescribed for both 
male and female spouses. One’s sex or gender should never be an 
excuse or cover to desecrate the family as an institution. 
Second, the amendments introduced by this bill bring the Revised 
Penal Code provisions against marital infidelity into the proper 
perspective. More than a property issue, marital infidelity is an ill that 
reflects a lack of virtue and value which endangers the family as a 
foundation of our country’s moral fiber.            
This same lack of virtue and value of the family, which our lax anti-
infidelity provisions promote, is actually a root cause in a lot of woes 
besetting the Filipino family. One cannot expect someone who does not 
respect the family to consider the welfare of his/her spouse and off-
springs. An irresponsible promiscuous spouse is also not someone who 
would be considerate enough not to have children, either legitimate or 
illegitimate, more than he/she can adequately support. He or she would 
also not be someone who would be wary of the diseases that could be 
transmitted to the spouse who has committed her/himself to him/her. The 
perceived laxity of the law also encourages irresponsible sexual behavior 
not only in married persons but in the youth as well.  
This bill seeks to deter the practice of marital infidelity. It also aims 
to revive virtue and restore value to the Filipino family. This is but one 
among many measures that should be taken to strengthen the family as 
an institution in this time of depreciating values and waning morals. 
Passage of this bill is of utmost importance. 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
Introduced by CIBAC Party-List Representative 
Eduardo ‘Bro. Eddie’ C. Villanueva 
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 
1 
Philippines in Congress assembled: 
2 
3 
SECTION 1.  This Act shall be known as the “Anti-Marital Infidelity 
4 
Act.” 
5 
6 
SECTION 2.  Article 333 of Act No. 3815, otherwise known as the 
7 
Revised Penal Code, is hereby deleted in its entirety and replaced with 
8 
the following: 
9 
10 
ARTICLE 333. MARITAL INFIDELITY. – MARITAL INFIDELITY 
11 
IS COMMITTED BY ANY MARRIED PERSON WHO SHALL 
12 
HAVE SEXUAL INTERCOURSE OR VIRTUAL SEX WITH 
13 
ANOTHER PERSON WHO IS NOT HIS/HER LEGITIMATE 
14 
SPOUSE, EVEN IF THE MARRIAGE BE SUBSEQUENTLY 
15 
DECLARED VOID, AND BY THE PERSON WHOM HE/SHE 
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HAS SEXUAL INTERCOURSE OR VIRTUAL SEX WITH, 
1 
KNOWING THE GUILTY SPOUSE TO BE MARRIED. 
2 
 
3 
MARITAL INFIDELITY SHALL BE PUNISHED BY PRISION 
4 
CORRECCIONAL IN ITS MEDIUM AND MAXIMUM PERIODS. 
5 
 
6 
MUSLIMS AND MEMBERS OF INDIGENOUS PEOPLES 
7 
COMMUNITIES WHO ACTIVELY AND CONTINUOUSLY 
8 
PRACTICE SINCE TIME IMMEMORIAL CUSTOMS AND 
9 
TRADITIONS ALLOWING MULTIPLE SPOUSES SHALL BE 
10 
HELD LIABLE FOR MARITAL INFIDELITY IF THEY ENGAGE 
11 
IN SEXUAL INTERCOURSE OR VIRTUAL SEX WITH ANY 
12 
PERSON 
OTHER 
THAN 
THE 
OFFICIAL 
SPOUSES 
13 
RECOGNIZED BY THEIR RESPECTIVE FAITHS AND 
14 
TRADITIONS. 
15 
 
16 
SECTION 3. Article 334 of the Revised Penal Code is hereby deleted.  
17 
 
18 
SECTION 4. Article 344 of the Revised Penal Code is hereby 
19 
amended to read as follows: 
20 
 
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Article 344. Prosecution of the crimes of [adultery, concubinage,] 
22 
MARITAL INFIDELITY, seduction, abduction, rape and acts of 
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lasciviousness. - The [crimes] CRIME of MARITAL INFIDELITY 
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MAY BE PROSECUTED UPON A COMPLAINT FILED BY THE 
25 
OFFENDED SPOUSE. 
26 
 
27 
The offended party cannot institute criminal prosecution without 
28 
including both the guilty parties, if they are both alive, nor, in any 
29 
case, if the [he] OFFENDED SPOUSE IS LIKEWISE GUILTY 
30 
OF MARITAL INFIDELITY.  
31 
 
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The offenses of seduction, abduction or acts of lasciviousness, 
33 
shall not be prosecuted except upon a complaint filed by the 
34 
offended party or her parents, grandparents, or guardian, nor, in 
35 
any case, if the offender has been expressly pardoned by the 
36 
above named persons, as the case may be.  
37 


 
1 
In cases of seduction, abduction and acts of lasciviousness, the 
2 
marriage of the offender with the offended party shall extinguish 
3 
the criminal action or remit the penalty already imposed upon 
4 
him. The provisions of this paragraph shall also be applicable to 
5 
the co-principals, accomplices and accessories after the fact of 
6 
the above-mentioned crimes. 
7 
 
8 
SECTION 5. Separability Clause. If any provision of this Act is 
9 
declared unconstitutional or invalid, the other provisions not affected 
10 
thereby shall continue to be in full force and effect. 
11 
 
12 
SECTION 6. Repealing Clause. All laws, decrees, rules and 
13 
regulations, or parts thereof inconsistent with this Act are hereby repealed 
14 
or amended accordingly. 
15 
  
16 
SECTION 7. Effectivity. This Act shall take effect fifteen (15) days 
17 
following its complete publication in the Official Gazette or in at least two 
18 
(2) newspapers of general circulation. 
19 
 
20 
Approved, 
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