HOUSE OF REPRESENTATIVES
RECEIVED
pate:__18 JUL 2016

Twc:__ OO
By: <e

RECISTMITION UNIT
BWLLS AND INDEX SERVICE

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

SEVENEENTH CONGRESS
First Regular Session

1630

House Bill No.

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

EXPLANATORY NOTE

There are proposals from many quarters to substitute the crime of
adultery with marital infidelity. Such proposals stem from the debate on the
difference in the treatment of adultery under Article 333 and concubinage
under Article 334 of the Revised Penal Code. Said provisions in the Revised
Penal Code are being criticized as being biased in favor of the husband
considering that given the set of elements that make up the act of
concubinage, it is almost impossible for an aggrieved wife to obtain a
conviction. On the other hand, restrictions on the wife are so stringent that it
creates the impression that infidelity is an ill only women can be afflicted of.

The Philippine Commission on Women describes marital infidelity as a
major marital or family stressor among Filipino married couples. It concludes
that marital infidelity in the Philippines is a male phenomenon citing various
studies showing that 36% of maried men engage in extra marital sex
compared to 2% of married women. However, it also cites various surveys
that a large majority of the Filipinos disapprove of extramarital relations.
Hence, the Philippine Commission on Women, together with the other
women's rights advocates contend that the country is duty-bound to
implement the provisions of the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), specifically the UN CEDAW
Committee's Concluding Comments, which among others, urges the
government to review existing policies with the aim of removing
discriminatory provisions in national legislation by substituting adultery and
concubinage with marital infidelity.

Infidelity, however, is defined as “a breach of good faith” that applies
in a number of contexts. In the context involving a close relationship, such as
marriage, infidelity is refered to as cheating, which is “any violation of the
mutually agreed-upon rules or boundaries of a relationship". It does not
require sexual behavior to qualify as infidelity. Hence, marital infidelity, which


is interchangeably used with adultery, should not be misconstrued only as
sexual infidelity among married couples.

Adultery, also called philandery, is a form of extramarital sex whose
definition seems to differ in nearly every legal system around the world.
However, the common theme is sexual relations outside of marriage, in one
form or another, or when one spouse deserts the other for a third person. Itis
viewed by the law in many Jurisdictions as an offense injurious to public morals
and a mistreatment of the marriage relationship. This is also in synch with the
seventh command provided for in theDecalogue,or the Ten
Commandments, as contained in the Book of Exodus: "Thou shall not commit
adultery”. It is a moral imperative addressed both to men and women.

Adultery Is sexual infidelity to one's legal spouse and Is provided by
Executive Order No. 209, otherwise known as the Family Code of the
Philippines, as amended, as one of the grounds for legal separation. It is
commonly referred only to sex between a woman who Is married and a
person other than her spouse. In some legal systems, if a married person has
sexual intercourse with a person who is not his spouse, both parties commit
the crime of adultery.

In order to remove the gender bias observed in the provisions of the
Revised Penal Code and to synchronize the provisions of existing laws in the
country, this bill seeks to maintain the crime of adultery instead of creating
another crime. It also proposes to repeal from the Revised Penal Code the
crime of concubinage and make adultery a crime that can be committed
by any legally married person who shall have carnal knowledge of a person
not his or her spouse.

This bill further suggests that the crime of adultery be imposed on the
person with whom the guilty spouse has had camal knowledge, provided
that this person knew of the legal status of the guilty spouse even if the latter's
marriage is subsequently declared void. It also recommends that both
offending parties to the crime of adultery be meted with same gravity of
penalty,

In view of the foregoing, immediate approval of this bill is earnestly
recommended.

HON.



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

SEVENTEENTH CONGRESS
First Regular Session

1630
House Bill No.

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

AN ACT
AMENDING REPUBLIC ACT NUMBERED THREE THOUSAND EIGHT HUNDRED
FIFTEEN, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE OF
THE PHILIPPINES, AND FOR OTHER PURPOSES

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

SECTION 1. Article 333, Chapter One, Title Eleven, Book II of Republic
Act No. 3815, otherwise known as the Revised Penal Code, as amended, is
hereby amended to read as follows;

“Art, 333, Who are guilly of adultery. - Adultery is committed by any
LEGALLY martied [woman] PERSON who shall have sexual intercourse
with [a man] ANOTHER PERSON not HIS OR her [husband] LEGAL
SPOUSE, and by the [man] PERSON who has carnal knowledge of HIM
OR her, knowing HIM OR her to be LEGALLY married, even if the
marriage be subsequently declared void.

“Adultery shall be punished by prison comeccional in its medium and
maximum periods.

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

SECTION 2. Article 334 (Concubinage), Chapter One, Title Eleven, Book
lof Republic Act No. 3815, as amended, is hereby repealed.


SECTION 3. The succeeding Articles of the Revised Penal Code, are
hereby subsequently renumbered accordingly.

SECTION 4. The first wo paragraphs of Article 344 of the Revised Penal
Code, are hereby amended to read as follows:

"Art, 344, Prosecution of fhe crimes of adultery, [concubinage.]

seduction, abduction, rape and acts of lasciviousness.- The crimes of

adultery [and concubinage] 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 OR SHE shall have consented or pardoned the offenders[.], NOR,

IN ANY CASE, IF HE OR SHE IS LIKEWISE GUILTY OF ADULTERY, NOR, IN

ANY CASE, IF HE OR SHE SHALL HAVE ABANDONED THE GUILTY SPOUSE

WITHOUT JUST CAUSE FOR MORE THAN ONE YEAR.

"XXXXX"

SECTION 5. Any law or parts thereof inconsistent with any provision of
this Act shall be deemed repealed or modified as the case may be.

SECTION 6. This Act shall take effect fifteen [15) days following its
publication in at least two (2) newspapers of general circulation.

Approved,