NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
of tl)e fsi-ciftarj*
23 FEB 16 P2 *41
Rl'CtiV'O B'-;
SEN
S.B. No me
Introduced by SENATOR IMEE R. MARCOS
AN ACT
REDEFINING ADULTERY, FURTHER AMENDING FOR THIS 
PURPOSE REPUBLIC ACT NO. 3815, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE, AS AMENDED
EXPLANATORY NOTE
Section 14, Article II of the 1987 Constitution provides that "The State 
recognizes the role of women In nation-building, and shall ensure the fundamental 
equality before the law of women and men."
Yet, under our existing laws, there is a sharp distinction between adultery or 
sexual infidelity committed by a man or a woman. A married woman may be charged 
for adultery by a single sexual act with a man other than her husband, the crime 
established by mere circumstantial evidence. On the other hand, the very public 
scenarios envisioned in the concubinage provision of the Revised Penal Code applied 
to married men are well-nigh impossible to establish.
Further, the law provides stiffer penalties for adultery than for concubinage. 
This bill seeks to uphold gender equality as enshrined in the Constitution, making 
both married men and women liable for the crime of adultery.
Thus, to give truth and life to the Constitutional mandate that women and 
men be treated with fundamental equality under our laws, the passage of this bill is 
urgently recommended.
EE IcTIARCOS


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NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
of ll’p
23 FEB 16 P2 *41
RECEiViD Bv:
SENATE
S.B. No. 1 896
Introduced by SENATOR IMEE R. MARCOS
AN ACT
REDEFINING ADULTERY, FURTHER AMENDING FOR THIS 
PURPOSE REPUBLIC ACT NO. 3815, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE, AS AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Article 333, Chapter One, Title Eleven, Book II of Republic Act 
No. 3815, otherwise known as the Revised Penal Code, as amended, is hereby 
amended to read as follows:
"Article 333. Who are guilty of adultery. - Adultery is committed by 
any married [woman] PERSON who shall have sexual intercourse 
with a [mao] PERSON not HIS OR her [husband] SPOUSE and by the 
[maft] PERSON who has carnal knowledge of HIM OR her, knowing 
HIM OR her to be married, even if the marriage be subsequently 
declared void.
XXX
SEC. 2. Article 334 (Concubinage), Chapter One, Title Eleven. Book II of 
Republic Act No. 3815, as amended, is hereby repealed.
SEC. 3. The succeeding articles of the Revised Penal Code are hereby 
renumbered accordingly.
SEC. 4. The first two paragraphs of Article 344 of the Revised Penal Code 
are hereby amended as follows:
"Article 344. Prosecution of the crimes of adultery, 
[concubinage, ] seduction, abduction, rape and acts of lasciviousness.
- The crime[s] of adultery [and concubinage] shall not be prosecuted 
except upon a complaint filed by the offended spouse.


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The offended party cannot institute criminal prosecution without 
inciuding both the guiity parties, if they are both aiive, nor, [in any 
ease,] if he OR SHE shall have consented or pardoned the offenders,
NOR IF HE OR SHE IS LIKEWISE GUILTY OF ADULTERY, AND 
NOR IF HE OR SHE HAS ABANDONED HIS OR HER SPOUSE 
WITHOUT JUST CAUSE FOR A PERIOD OF NOT LESS THAN 
ONE YEAR."
SEC. 5. Separability Clause. - If for any reason, any provision of this Act is 
declared invalid or unconstitutionai, the remaining parts or provisions not affected 
shall remain in fuli force and effect.
SEC. 6. Repealing Clause. - Any iaw or parts thereof inconsistent with any 
provision of this Act shall be deemed repealed, but without prejudice to any liability 
under special laws.
SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its 
pubiication in the Official Gazette or in a newspaper of general circulation.
Approved,