Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EENTH CONGRESS
First Regular Session

~ 3598

House Bill No.

NINI

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO

EXPLANATORY NOTE

No less than the Constitution prescribes the duty to ensure the equality of women and men
under Philippine law, specifically Section 1, Article II of the 1987 Constitution which
guarantees that no person shalll be denied equal protection of laws and Section 14, Article II,
of the 1987 Constitution which mandates that the State shall ensure the fundamental equality
of women and men before the law.

The Supreme Court has repeatedly interpreted that “[tJ]his does not only mean that the
Philippines shall not countenance nor lend legal recognition and approbation to measures
that discriminate on the basis of one's being male or female. It imposes an obligation to
actively engage in securing the fundamental equality of men and women.”!

Similarly, in the spirit of gender equality, the State should recognize the existence of lesbian,
gay, bisexual, transgender (“LGBT”) relationships. In fact, many countries around the world
have legalized LGBT marriages. While gender equality should be promoted and celebrated,
it should not extend to immunity from criminal prosecution for any sexual relations,
regardless of gender, insofar as they violate the sanctity of lawful marriages under the law.

Act No. 3815, as amended, otherwise known as The Revised Penal Code (“RPC”), which came
into effect on January 1, 1932, defines and punishes the crimes of Adultery and Concubinage.
Adultery is committed by a married woman who shall have sexual intercourse with a man
not her husband. On the other hand, concubinage is committed by the married man by (a)
keeping a mistress in the conjugal dwelling; (b) having sexual intercourse under scandalous
circumstances with a woman not his wife; or (c) cohabiting with her in any other place.
However, as it stands, it is apparent that there exists a gender-based discrimination within
these laws. Moreover, it fails to capture the ambit of other inherently immoral activities which
could likewise offend the sanctity of lawful marriages.

First, the principal offender in Adultery is a married woman, while the principal offender in
Concubinage is a married man. On the other hand, if a married man engages in sexual
intercourse with another woman or man, the crime of Adultery is not committed. Likewise, if
‘a married woman engages in sexual intercourse or activity with another woman, the crime of
Adultery is likewise not committed. Similarly, if a married man commits the acts defined
under Concubinage with another man or if a married woman commits the acts defined under

1 Saudi Arabian Airlines (Saulia) v. Rebwsencio, G.R. No. 198587, January 14, 2015.


Concubinage, there is no crime. In all of the above scenarios, there exist gender-based
qualifications which may violate and destroy the sanctity of marriages, but seemingly escape
the ambit of the law.

Second, under our current laws, a married woman is only guilty of Adultery once she engages
in sexual intercourse or has carnal knowledge with a man not her husband, while any other
sexual activity’ is not covered. This fails to capture other kinds of sexual activity which could
likewise destroy and violate the sanctity of lawful marriages.

Finally, while the acts constituting Concubinage are more egregious and the burden of
proving the same is more difficult compared to Adultery, the penalty for Adultery is notably
higher. In line with this, there is sufficient reason for the State to increase the penalty for
persons convicted of Concubinage.

Under our present criminal laws, there is apparent discrimination not only against women,
but even men, which is in blatant contravention of our State's policy and obligation under
international law to ensure the fundamental equality of women and men before the law. In
view of the foregoing, there is a long-awaited and urgent need to amend the law in order to
rectify the near century-old gender-based discrimination, to ensure gender equality for all
persons and uphold the sanctity of marriages.

In view of the foregoing, the urgent passing of this bill is earnestly sought.

RALPH DEL P. TULFO JOCELYN/P. Yh

Representative Representative
2nt District of Quezon City ACT-CIS Partylist


BENE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

5, 3598

House Bill No.“ S9°

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO

AN ACT PROMOTING GENDER EQUALITY AND UPHOLDING THE SANCTITY OF
MARRIAGE, THEREBY AMENDING FOR THIS PURPOSE TITLE ELEVEN, CHAPTER
ONE, ARTICLES 333 AND 334 OF ACT NO. 3815, OTHERWISE KNOWN AS THE
REVISED PENAL CODE, AS AMENDED.

Be It enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title Eleven, Chapter One, Article 333 of the Revised Penal Code, as amended,
is hereby amended to read as follows:

Article 333. Who are guilty of adultery. - Adultery is committed by:

fa) ANY married PERSON who shall have sexual intercourse with ANOTHER
PERSON not HIS/HER SPOUSE and by the OTHER PERSON who has carnal
knowledge of HIM/HER knowing HIM/HER to be married, even if the marriage
be subsequently declared void;

(b)_ ANY MARRIED MAN WHO SHALL COMMIT A SEXUAL ACT BY
INSERTING HIS PI YTHER PERSON'S ORAL OR ANAL ORIFICE
AND BY THE OTHER PERSON WHO SHALL COMMIT A SEXUAL ACT WITH
HIM KNOWING HIM TO BE MARRIED, EVEN IF THE MARRIAGE BE
SUBSEQUENTLY =D VOID; AND

(c) ANY MARRIED PERSON WHO SHALL COMMIT AN ACT BY USING ANY
BODY PART, INSTRUMENT OR OBJECT, IN A SEXUAL MANNER, WITH
ANOTHER PERSON AND BY THE OTHER PERSON WHO SHALL COMMIT A.
SEXUAL ACT WITH HIM/HER KNOWING HIM/HER TO BE MARRIED, EVEN
IF THE MARRIAGE BE SUBSEQUENTLY DECLARED VOID.

XXX XXX XXX

SEC. 2, Title Eleven, Chapter One, Article 334 of the Revised Penal Code, as amended, is
hereby amended to read as follows:


Article 334. Concubinage. - Any SPOUSE who shall keep a mistress OR
PARAMOUR in the conjugal dwelling, or shall have sexual intercourse, under
scandalous circumstances, with a PERSON who is not HiS/HER SPOUSE, or shall
cohabit with HIM/HER in any other place, shall be punished by PRISION MAYOR
s minimum and medium periods.

The concubine OR PARAMOUR KNOWING HIM/HER TO BE MARRIED shall
suffer the penalty of PRISION MAYOR IN ITS MINIMUM AND MEDIUM
PERIODS.

SEC. 3. Separability Clause. - If, for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other sections or provisions hereof which are not affected
thereby shall continue to be in full force or effect.

SEC. 4. Repealing Clause. - All laws, decrees, orders, rules and regulations, or parts thereof
which are inconsistent with or contrary to the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 5. Effectivity.- This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) national newspapers of general circulation.

Approved,