NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO. 1140
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■22 AUG 11 P5;18
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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.
SENATOR JOEL VILLANUEVA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
)
of tiu' c, t'!nrp
•22 AUG n P5 :18
RECEIVED B’v
SENATE
S. B. NO. 1140
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
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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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 IS SUBSEQUENTLY DECLARED VOID, AND BY 
THE PERSON WHOM HE/SHE HAS SEXUAL INTERCOURSE 
WITH, KNOWING OR HAVING REASONABLE GROUNDS TO 
BELIEVE THAT THE GUILTY SPOUSE IS 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,
THE PENALTY NEXT LOWER IN DEGREE THAN THAT 
PROVIDED ABOVE SHALL BE IMPOSED.
MUSLIMS AND MEMBERS OF INDIGENOUS PEOPLES 
COMMUNITIES WHO ACTIVELY AND CONTINUOUSLY 
PRACTICE SINCE TIME IMMEMORIAL CUSTOMS AND


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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 
shall not be prosecuted except upon a complaint filed by the 
offended spouse.
The offended party can institute criminal prosecution AGAINST 
THE OFFENDING SPOUSE ALONE, OR AGAINST both the 
guilty parties: PROVIDED, THATihe [he] OFFENDED SPOUSE 
DID NOT consent TO SUCH ACT or pardon the offenders IN 
WRITING; PROVIDED, FURTHER, THAT THE OFFENDED 
SPOUSE IS NOT GUILTY OF MARITAL INFIDELITY: 
PROVIDED, FINALLY, THAT NOTHING HEREIN SHALL 
PREVENT THE OFFENDED SPOUSE, THE PARENTS AND 
PARENTS-IN-LAW OF THE OFFENDED SPOUSE, OR THE 
CHILDREN OF THE OFFENDED AND GUILTY SPOUSES 
FROM FILING THE APPROPRIATE CIVIL ACTION UNDER 
THE CIVIL CODE.
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.
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.
Approved,