FIFTEENTH CONGRESS
First Regular Session

i
House Bill No,__ 470”

Introduced by: Congressman Mohammed Hussein P. Pangandaman
Representative, 1* Dist. Lanao del Sur

EXPLANATORY NOTE,

The Filipino people, regardless of status-- specifically gender, as this bill suggests, shall
have the same and unbiased treatment in the criminal provisions that cover the cause and the
punishment.of the particular crime mentioned. As stated in Article III, Section 1 of the
Philippine Constitution, “No person shall be deprived of life, liberty or property without due
process of law. Nor shall any person be denied of the equal protection of the laws." ‘There are
few points from the original provision that suggest unequal treatment between men and women
This bill would like to set similar treatment between men and women, thus becomes aligned with
the Article I, Section 14 of the Philippine Constitution that says, “The State recognizes the role

of women in nation building and shall ensure the fundamental equality before the law of women
and men.”

Adultery, a crime that is committed mainly by a married woman or the wife, is punished
more severely. The consummation of such crime is done upon proof of one element only
sexual intercourse by the married woman with a man other than her husband. On the other hand,
the crime of Concubinage, a crime committed by a married man or the husband, is a far more
complicated crime to consummate compared to Adultery. In order for the married man to be
considered guilty of the crime of Concubinage, there is a need to prove that (1) the man shall
keep a mistress in the conjugal dwelling; (2) or shall have sexual intercourse with a woman other
than her wife under scandalous circumstances; (3)or shall cohabit with her in any other place

Clearly, it is shown that these penal laws favor the married men. The framers of the
Constitution do not intend unequal treatment between men and women.

This Bill seeks to strengthen the commitment of the State to promote gender equality
between men and women as enshrined in the Constitution.

In view hereof, early approval of this bill is earnestly urged

P. Pangandaman
ist Lanao del Sur


FIFTEENTH CONGRESS
First Regular Session

House Bill No,__ 470?

Introduced by: Congressman Mohammed Hussein P. Pangandaman
Representative, I** Dist Lanao del Sur 4

AN ACT

AMENDING ARTICLE 334 OF ACT NO. 3815, OTHERWISE KNOWN AS.
THE REVISED PENAL CODE OF THE PHILIPPINES, INCREASING ITS.
PENALTY, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. General Provision — Article 334 of Act No. 3815, otherwise known
as the Revised Penal Code of the Philippines which reads

“Art. 334. Concubinage. — Any husband who shall keep a mistress in the
conjugal dwelling, or shall have sexual intercourse, under scandalous
circumstances, with a woman who is not his wife, or shall cohabit with her in any
other place, shall be punished by prision correccional in its minimum and medium
periods.

The concubine shall suffer the penalty of destierro.”

Is hereby amended and SHALL now be read as follows:

“Art. 334. Concubinage. — Any husband who shall keep a mistress in the
conjugal dwelling, or shall have sexual intercourse, with a woman who is not his


wife, or shall cohabit with her in any other place, shall be punished by prision
correccional in its MEDIUM AND MAXIMUM PERIODS.

‘The concubine shall suffer the penalty of destierro.”

SEC 2. Repealing Clause. - All laws, orders, decrees, rules and regulations or

parts thereof inconsistent with this Act are hereby repealed or amended
accordingly

SEC 3.Effectivity. - This Act shall take effect within fifteen (15) days after its
publication in two (2) newspapers of general circulation

Approved,