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SIXTEENTH CONGRESS, ) Zo
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DATE
HOUSE OF REPRESENTATIVES a
House Bill No. 405, ¢ INDEX we

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

Equality between men and women before the law is guaranteed no less than the
Constitution. This ensures that gender should not be a basis in the application of law
However, laws that run counter to this still prevail

Under the Revised Penal Code (RPC), concubinage is “committed by 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”.

Adultery, on the other hand, refers to the “carnal relation between a martied woman
and a man who is not her husband, the latter knowing her to be married, even if the martiage
be subsequently declared void (RPC, Article 333). Each sexual intercourse constitutes a crime
of adultery.”

Under the existing law, adultery shall be punished by prision correccional in its medium
and maximum periods while concubinage shall be punished by a lower penalty of prision
correccional in its minimum and medium periods.

xual intercourse with
inal in its

‘The bill proposes to define sexual infidelity as the act of having
someone other than an individual's legal spouse. A penalty of prision correc:
period will be imposed upon a person who is found guilty of keeping a "paramour in the
conjugal dwelling." If cohabitation takes place in a location other than the house of the legally
married couple, the penalty will be prision correccional in its medium period. ‘hese are the two
acts that shall constitute sexual infidelity. Any married man or woman found to be unfaithful
will no longer be charged with concubinage or adultery, respectively, as was done in the past,
but with infidelity, as proposed in the bill.

maximum

‘The proposed measure seeks to eradicate the discrepancy in penalties for related crimes
such as concubinage and adultery as it imposes equal punishment for married men and women
who are found to be unfaithful to their spouses. It takes away the gender bias in laws
penalizing adultery and concubinage. The proposed measure makes it easier for women to
prove that their husbands have committed the crime. The current law makes it easier for men
to get a ruling on cases of adultery filed against wives who were allegedly unfaithful.

Ultimately, the bill seeks to protects the institution of marriage. The aim of the bill is
not to make it hard or easy for both parties who complain about adultery or concubinage, but
to make partners recognize their responsibility to uphold the sanctity of marriage.

Representative, Second Bisttict of Tarlac



SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

405

House Bill No. ~

Introduced by Representative Susan A. Yap

AN ACT
DEFINING THE CRIME OF SEXUAL INFIDELITY AND PROVIDING
PENALTIES THEREFOR, AMENDING FOR THE PURPOSE ARTICLE 333
(ADULTERY), ARTICLE 334 (CONCUBINAGE) AND ARTICLES 344 AND 345 OF
TITLE ELEVEN, BOOK II OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. The provisions of Articles 333 and 334 of Act No. 3815 are hereby repealed
and, in lieu thereof, Articles 333 and 334 should now read as follows:

Title Eleven

“CRIMES AGAINST CHASTITY
“Chapter One

ADULTERY AND CC

UBINA\

“SEXUAL INFIDELITY

[ART. 333. Who are guilty of adultery. — Adultery is committed by any married
woman who shall have sexual intercourse with a man not her husband and by the
man who has carnal knowledge of her knowing her to be married, even if the
marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum
periods.

If the person guilty of adultery committed this offense while being
abandoned without justification by the offended spouse, the penalty next lower in
degree than that provided in the next preceding paragraph shall be imposed.

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.]

“ART. 333. SEXUAL INFIDELITY. — SEXUAL INFIDELITY IS
COMMITTED BY ANY LEGALLY MARRIED PERSON WHO SHALL
HAVE SEXUAL INTERCOURSE WITH ANOTHER PERSON OTHER
THAN THE MARRIED PERSON’S SPOUSE AND BY THE PERSON
WHO HAS CARNAL KNOWLEDGE WITH THE MARRIED PERSON,


KNOWING THAT PERSON TO BE LEGALLY MARRIED, EVEN IF THE
MARRIAGE BE SUBSEQUENTLY DECLARED VOID.

“ART. 334. PENALTY. - SEXUAL INFIDELITY SHALL BE PUNISHED
BY PRISION CORRECCIONAL.

“THE PENALTY OF PRISION CORRECCIONAL IN ITS MAXIMUM
PERIOD SHALL BE IMPOSED UPON AN OFFENDER WHO SHALL KEEP
A PARAMOUR IN THE CONJUGAL DWELLING.

“THE PENALTY OF PRISION CORRECCIONAL IN ITS MEDIUM
PERIOD SHALL BE IMPOSED UPON AN OFFENDER WHO SHALL.
COHABIT WITH A PARAMOUR IN ANY OTHER PLACE.

“THE PENALTY OF PRISION CORRECCIONAL IN \TS MINIMUM
PERIOD SHALL BE IMPOSED IF THE OFFENSE WAS COMMITTED.
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:

“(A)WHEN THE ACCUSED SPOUSE HAD BEEN ABANDONED
WITHOUT JUST CAUSE FOR MORE THAN ONE (1) YEAR; AND

“(B)WHEN THE ACCUSED SPOUSE HAD BEEN SUBJECTED TO
REPEATED PHYSICAL VIOLENCE OR GROSSLY ABUSIVE CONDUCT BY
‘THE OFFENDED SPOUSE.”

TION 2, Articles 344 and 345 of the Revised Penal Code are, likewise amended
to read as follows

“ART. 344. Prosecution of the crimes of [adultery, concubinage,] SEXUAL INFIDELITY,
seduction, abduction, rape and acts of lascviousness. — The crime[s] of [adultery and
concubinage] SEXUAL INFIDELITY shall not be prosecuted except upon a complaint
filed by the offended spouse

The offended party cannot institute criminal prosecution without including both the
guilty parties[,] if they are both alive, nor, in any case, if [he] THE OFFENDED
PARTY IS LIKEWISE GUILTY OF SEXUAL INFIDELITY, OR HAD
ABANDONED THE GUILTY SPOUSE WITHOUT JUST CAUSE FOR MORE
‘THAN ONE (1) YEAR OR [shall have] HAD CONDONED, consented or pardoned
the offenders.

be 3

“ART. 345. Citil liability of persons guilly of crimes against chastity. — Persons guilty of
rape, seduction ot abduction shall also be sentenced:
“(1) To indemnify the offended woman.
“() To acknowledge the offspring, unless the law should prevent him from
so doing
(3) In every case to support the offspring

“[Uhe adulterer and the concubine] PERSONS GUILTY OF SEXUAL
INFIDELITY in the case provided for in Article[s] 333 [and 334] may also be
sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for
damages caused to the offended spouse.”

Approved,