FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No.2015 
Introduced by Seuator EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Under Article 333 of the Revised Penal Code, "Adultery is committed by any 
married woman who shall have sexual intercourse with a man not her husband ... " 
On the other hand, a married man is liable for concubinage only when he does any 
of the three acts specified in Article 334 of the Revised Penal Code, to wit: 
a. keeping a mistress in the conjugal dwelling; or 
b. having sexual intercourse under scandalous circumstances with a woman who 
is not his wife; or 
c. cohabiting with her in any other place. 
Although both the crimes of adultery and concubinage violate marriage vows, the 
law treats them differently. A married woman can already be convicted of adultery by a 
single act of sexual intercourse. While the husband can be convicted of conCUbinage only 
if sexual intercourse was performed under scandalous circumstances, or if he does any of 
the two other acts specified in the Revised Penal Code. Therefore, the law makes the crime 
of conCUbinage more difficult to establish. 
The law also imposes a lesser penalty for the crime of concubinage. Both the 
adulteress and her paramour are punished with imprisonment of prision correctional in its 
medium and maximum periods while the penalty for concubinage is prision correctional in 
its minimum and medium periods and destierro for the husband and the concubine 
respecti vel y. 
Prominent commentators justify such discrimination by the fact that adultery makes 
possible the introduction of bad blood into the family thereby destroying family harmony 
and solidarity. This justification is incorrect as both adultery and concubinage violate the 
marital vows thus shattering family solidarity. 
This Act seeks to remedy such inequality in the law by amending Article 334 of the 
Revised Penal Code. The amendment deletes the phrase "under scandalous circumstances", 
increases the penalty and qualifies the penalty to be imposed on the concubine. 
I 


The approval of this bill is therefore recommended. 
2 


Sf{\,,~ \!.: 
Off!CI! OF 'f't "Cf1f.T;\[{' 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
HI 
JJL 26 P' 3 35 
First Regular Session 
) 
SENATE 
S.B. No. 2015 
Introduced by Senator EDGARDO J. ANGARA 
AN ACT 
AMENDING ARTICLE 334 OF ACT NUMBER 3915, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted in the Senate and House of Representatives of the Philippines in the 
Congress assembled: 
1 
SECTION 1. Article 334 of Act Number 3815, as amended, otherwise known as 
2 
the Revised Penal Code is hereby amended to read as follows: 
3 
4 
"Article 334. Concubinage - Any husband who shall keep a 
5 
mistress in the conjugal dwelling or, shall have sexual intercourse [, under 
6 
scandalous circumstances,] with a woman not his wife, or shall cohabit 
7 
with her in any other place shall be punished by prision correctional in its 
8 
[minimum and] medium AND MAXIMUM periods, 
9 
10 
IF 
THE 
PERSON 
GUlL TY 
OF 
CONCUBINAGE 
11 
COMMITTED THE OFFENSE WHILE BEING ABANDONED 
12 
WITHOUT JUSTIFICATION BY THE OFFENDED SPOUSE, THE 
13 
PENALTY NEXT LOWER IN DEGREE THAN THAT PROVIDED 
14 
IN THE NEXT PRECEDING PARAGRAPH WILL BE IMPOSED." 
15 
16 
The 
concubine 
shall 
suffer 
the 
penalty 
of PRISION 
17 
CORRECIONAL IN ITS MEDIUM AND MAXIMUM PERIODS IF 
18 
SHE PERFORMS SEXUAL INTERCOURSE WITH THE MAN 
19 
KNOWING 
HIM TO 
BE 
MARRIED, 
OTHERWISE, THE 
20 
CONCUBINE SHALL SUFFER THE PENALTY OF destierro." 
1 


\ 
I, • 
" 
i 
2 
SEC. 2. All laws, decrees, orders, rules and regulations or parts thereof inconsistent 
3 
with this Act are hereby repealed or modified accordingly. 
4 
5 
SEC. 3. This Act shall take effect fifteen (\ 5) days following the completion of its 
6 
publication either in the official gazette or in at least two (2) newspapers of general 
7 
circulation. 
8 
9 
Approved, 
2