0P) Menace
of tljp ci Ptarv
NINETEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
)
F/rst Regular Session 
)
SENATE
Senate Bill No. ^ 1 ?
*22 JUL-7 P5 *43
RECEIVED D\...
Introduced by: Senator Raffy T. Tulfo
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
The Revised Penal Code ("RPC") punishes marital infidelity through the crimes of 
adultery and concubinage. Adultery is committed by a married woman who shall 
have sexual intercourse with a man not her husband. On the other hand, concubinage 
is committed by the married man by (a) keeping a mistress in the conjugal dwelling; 
(b) having sexual intercourse under scandalous circumstances with a woman not his 
wife; or (c) cohabiting with her in any other place. While proving concubinage is much 
more difficult than proving adultery, the penalty for adultery is notably higher than 
the penalty for concubinage. The sex-based discrepancy in the said crimes and the 
corresponding penalties therefor perpetuate the discrimination against women in 
contravention of our State policy to "ensure the fundamental equality before the law 
of women and men."
Consistent with the declaration in Republic Act No. 9710, or the Magna Carta of 
Women, provisions of law which engender inequality, such as the foregoing, must be 
abolished. This bill seeks to uphold gender equality by making both men and women 
liable for the crime of marital infidelity. Several proposals have already been made 
seeking to amend these discriminatory provisions. To this date, however, none has 
been enacted into law.
In view of the foregoing, the urgent passing of this bill is earnestly sought.
esmba Tulfo 
enaror


oC tl)?
NINETEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
)
F/rst Regular Session 
)
SENATE
Senate Bill No. 212
*22 ja-7 P5:43
RECEIVED BV.,
Introduced by: Senator Raffy T. Tulfo
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
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Be It enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Article 333 of the Revised Penal Code, is hereby deleted in its entirety 
and replaced with the following:
Article 333. Marita!Infidelity. - Marital infidelity is committed by any married 
person who shall have sexual intercourse with another person who is not 
such person's spouse and by the other person whom the offender has 
sexual intercourse with, knowing the offender to be married, even if the 
marriage be subsequently declared void.
Marital infidelity shall be punished by prision correccionafxn its medium and 
maximum periods.
SECTION 2. Article 334 of the Revised Penal Code Is hereby repealed.
SECTION 3. The first two paragraphs of Article 344 of the Revised Penal Code are 
hereby amended to read as follows:
Article 344. Prosecution of the crimes of [adultery, concubinage] MARITAL 
INFIDELITY, seduction, abduction, rape, and acts of lasciviousness. - The 
crime[s] of MARITAL INFIDELITY shall not be prosecuted except upon a 
complaint filed by the offended spouse. THE OFFENDED SPOUSE MAY 
INSTITUTE CRIMINAL PROSECUTION AT THE PLACE OF HIS OR 
HER RESIDENCE AT THE TIME THE OFFENSE WAS COMMITTED.


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