NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
)
)
)
I'! 20 P|/:17
SENATE
S.B. No. 2322
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN ON LAWS 
RELATING TO CRIMES AGAINST CHASTITY, AMENDING FOR THIS PURPOSE 
ARTICLE 333 AND REPEALING ARTICLE 334 OF ACT 3815, OTHERWISE 
KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Under Art. II, Sec. 14 of the 1987 Constitution, it is the policy of the state to 
ensure the fundamental equality before the law of women and men. With the 
invaluable worth of women in our society, their fundamental role in nation building is 
also enshrined in the Constitution. Despite this, discriminatory provisions which 
prejudice women remain under our laws.
The Revised Penal Code provides for adultery and concubinage as crimes 
against chastity. 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. 
On the other hand, concubinage is committed by any married man 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.
With its elements, the crime of concubinage is harder to prove than adultery. 
There is also a heavier punishment for adultery than concubinage. A married woman


who commits adultery shall be punished by prision correccional in its medium and 
maximum periods. On the other hand, a married man who commits concubinage shall 
be punished by prision correccional in its minimum and medium periods.
These discriminatory provisions must be repealed. Consistent with the Magna 
Carta of Women, the provisions of our law must uphold the equality of women and 
men.
In view of the foregoing, the passage of this bill is earnestly sought.
RISA HONTIVEROST)
Senator


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
,!/\N 20 P12 07
SENATE
S.B. No. 2922
lU
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN ON LAWS 
RELATING TO CRIMES AGAINST CHASTITY, AMENDING FOR THIS PURPOSE 
ARTICLE 333 AND REPEALING ARTICLE 334 OF ACT 3815, OTHERWISE 
KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
Be It enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
SECTION 1. Article 333 of the Revised Penal Code, is hereby deleted in its
2 
entirety and replaced with the following:
3 
Article 333. Marital Infidelity. - Marital infidelity is committed by any
4 
married person who shall have sexual intercourse with another person
5 
who is not such person's spouse and by the other person whom the
6 
offender has sexual intercourse with, knowing the offender to be
7 
married, even if the marriage be subsequently declared void.
8 
Marital infidelity shall be punished by prision correccional in its medium
9 
and maximum periods.
10 
Sec. 2. Article 334 of the Revised Penal Code is hereby repealed.
11 
SECTION 3. The first two paragraphs of Article 344 of the Revised Penal
12 
Code are hereby amended to read as follows:
13 
Article 344. Prosecution of the crimes of [adultery, concubinage]
14 
MARITAL INFIDELITY, seduction, abduction, rape, and acts of
15 
lasciviousness. - The crime[s] of MARITAL INFIDELITY shall not be
16 
prosecuted except upon a complaint filed by the offended spouse. THE
17 
OFFENDED SPOUSE MAY INSTITUTE CRIMINAL PROSECUTION


1 
AT THE PLACE OF HIS OR HER RESIDENCE AT THE TIME THE
2 
OFFENSE WAS COMMITTED.
3 
The offended party cannot institute criminal prosecution (i) without
4 
including both the guilty parties, if they are both alive; [nor, in any casc,-
5 
] (ii) if he OR SHE shali have consented or pardoned the offenders;
6 
(iii) IF HE OR SHE IS LIKEWISE GUILTY OF MARITAL
7 
INFIDELITY; (iv) OR IF HE OR SHE HAS ABANDONED HIS OR
8 
HER SPOUSE WITHOUT JUST CAUSE FOR A PERIOD OF AT
9 
LEAST ONE YEAR.
10 
Sec. 4. Effect on Pending Cases - All pending cases under the provisions
11 
of Article 333 and Article 334 of the Revised Penal Code on Adultery and
12 
Concubinage prior to its amendment by this Act shali be dismissed upon
13 
effectivity of this Act.
14 
Sec. 5. Separability Clause. - If, for any reason, any provision of this Act
15 
is declared to be unconstitutional or invalid, the other sections or provisions
16 
hereof which are not affected thereby shall continue to be in full force or effect.
17 
Sec. 6. Repealing Clause. - All laws; decrees, orders, rules and
18 
regulations or parts thereof which are Inconsistent with or contrary to the
19 
provisions of this Act are hereby repealed, amended, or modified accordingly.
20 
Sec. 7. Effectivity. - This Act shail take effect fifteen (15) days after its
21 
complete publication in the Official Gazette or in a national newspaper of
22 
general circulation.
Approved,