Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1556

INTRODUCED BY REPRESENTATIVE PEDRO P. ROMUALDO

EXPLANATORY NOTE

The crime of Premature Marriages found in Article 351 of Title Twelve, Chapter One of
the Revised Penal Code is, as follows:

“ART. 351. Premature marriages. — Any widow shall marry within three hundred
and one day from the date of the death of her husband, or before having delivered if she
shall have been pregnant at the time of his death, shall be punished by arresto mayor
and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have
been ‘annulled or dissolved, if she shall marry before her delivery or before the
expiration of the period of three hundred and one day after the legal separation.

The rationale behind this is to prevent confusion as to the paternity and filiation of the
child. With the advent of modern medical and scientific technology, it is easier to
determine the period of conception of the child. Thus, Article 351 should be repealed to
prevent further discrimination of widows and women, in general.

The Family Code has impliedly recognized the validity of the subsequent marriage of the
widow within 300 days after the death of the husband, by providing rules on the
legitimacy of children born to her after the remarriage which is enshrined in Article 168
of the Family Code, to wit:

“ART. 168. If the marriage is terminated and the mother contracted another
marriage within three hundred days after such termination of the former marriage,
these rules shall govern in the absence of proof to the contrary;

(1.)A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during the former
marriage, provided it be born within three hundred days after the termination
of the former marriage;

(2.) Acchild born after one hundred eight days following the celebration of the
subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
termination of the former marriage.

There is a need to repeal this provision explicitly to ensure that widows will not be

considered an outcast by our society if they decide or opted to remarry less than a year
from the death of her husband.

Approval of this proposed measure is earnestly sought. 5
sis


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 45 58

INTRODUCED BY REPRESENTATIVE PEDRO P. ROMUALDO

AN ACT
REPEALING THE CRIME OF PREMATURE MARRIAGES IN ARTICLE 351
OF THE REVISED PENAL CODE

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

SECTION 1. The crime of Premature Marriages in Article 351 of the Revised
Penal Code is hereby repealed without prejudice to the provisions of the Family Code on
Paternity and Filiation.

SEC. 2. Repealing Clause. — Any law, presidential decree or issuance or executive
order or rules contrary to, or inconsistent with, the provisions of this Act is hereby
repealed, modified or amended accordingly.

SEC. 3. Effectivity Clause. — This Act shall take effect after fifteen (15) days
following the completion of its publication either in the- Official Gazette or in a
newspaper of general circulation in the Philippines.

Approved,