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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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'14 
MAR 31 
P 4 :29 
SENATE 
. S.B. No. 2181 
Introduced by SENATOR CYNTHIA A. VILLAR 
AN ACT 
ACCORDING EQUAL RIGHTS TO WIVES AND HUSBANDS IN THE PHILIPPINES 
BY AMENDING ARTICLES 333, 334, AND 344 OF THE REVISED PENAL CODE 
EXPLANATORY NOTE 
In keeping with our commitment to the Convention on the Elimination of All 
Forms of Discrimination Against Women (CEDAW). Republic Act No. 9710, otherwise 
known as The Magna Carta of Women, was passed into law. In its declared policies, it 
states that: 
"[ ... J the State realizes that equality of men and women entails the 
abolition of the 'unequal structures and practices that perpetuate 
discrimination and inequality." 
Section 12 of RA 9710 particularly states that: 
"The State shall take. steps to review and, when necessary, 
amend and/or repeal eXisting laws that are discriminatory to women 
within three (3) years from the effectivity of this Act." 
It has been four (4) years since the passage of the law and there are still existing 
laws and provisions that are discriminatory to women, among which are the provisions 
on concubinage1 and adultery2 under the Revised Penal Code. These provisions are 
clearly discriminatory for adultery, which covers married women, is easier proved than 
concubinage, which covers married men. Further, the penalty on the wife under adultery 
is heavier than on the husband under concubinage. Worse, the marital indiscretion of the 
husband is not treated as a felony unless attended by the circumstances enumerated in 
Article 334. 
It IS for this reason that this bill seeks do away with the discrimination 
perpetuated by these provisions by amending them and instead criminalizing any and all 
acts of sexual infidelity, regardless of the spouse who commits it. The proposed 
amendment also abrogates the traditional essence of adultery, that is, the danger of 
introducing spurious heirs into the family. Sexual infidelity now becomes, as it should be, 
a violation of the laws relating to marriage. In view of preserving the fundamental 
equality of women and men as guaranteed by the Constitution, the passage of this bill is 
earnestly sought. 
1 Article 334. 
2 Article 333. 


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SIXTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
'14 
MAR 31 
P 4 :29 
SENATE 
S.B. No. 2181 
Introduced by SENATOR CYNTHIA A. VILLAR 
AN ACT 
ACCORDING EQUAL RIGHTS TO WIVES AND HUSBANDS IN THE 
PHILIPPINES BY AMENDING ARTICLES 333, 334, AND 344 OF THE 
REVISED PENAL CODE 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Article 333 of the Revised Penal Code is hereby amended to 
read as follows: 
"Art. 333. Who are guilty of [adultery] MARITAL 
INFIDELITY. - [Adultery] MARITAL INFIDELITY is committed by 
any married [woman] PERSON who shall have sexual intercourse 
with [a man] ANOTHER PERSON not HIS OR her [husband] 
SPOUSE. and by the [man] PERSON who has carnal knowledge of 
HIM OR her, knowing HIM OR her to be married, even if the 
marriage be subsequently declared void. 
"[Adultery] MARITAL INFIDELITY 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 offende.d spouse, the 
penalty next lower in degree than that provided in the next 
preceding paragraph shall be imposed.]" 
SEC. 2. Article 334 of the Revised Penal Code is hereby amended to read 
as follows: 
"Art. 334. [Concubinage] MAINTAINING A PARAMOUR.-
Any [husband] MARRIED PERSON who shall keep a [mistress] 
PARAMOUR in the conjugal dwelling, [or shall have sexual 
intercourse, under scandalous circumstances, with a woman who is 
1 not his wife,] or shall cohabit with [her] a PARAMOUR. in any 
other place, shall be punished by prision correccional in its 
minimum and medium periods. 
"The [concubine] PARAMOUR shall suffer the penalty of 
destierro. 
. 
"AS USED IN THIS ARTICLE, 'PARAMOUR' SHALL 
INCLUDE ANY PERSON WHO COHABITS WITH A MARRIED 
PERSON OF EITHER SEX UNDER CIRCUMSTANCES WHERE 


, , 
THEY ASSUME AND EXERCISE TOWARD EACH OTHER THE 
RIGHTS AND PRIVILEGES WHICH PROPERLY BELONG TO 
PERSONS MARRIED TO EACH OTHER." 
SEC. 3. Article 344 of the Revised Penal Code is hereby amended to read 
as follows: 
"Art. 344. Prosecution of the crimes of [adultery] 
SEXUAL 
INFIDELITY, 
[concubinage] 
MAINTAINING 
A 
PARAMOUR, 
seduction, 
abduction, 
rape 
and 
acts 
of 
lasciviousness. - The crimes of [adultery] MARITAL INFIDELITY 
and [concubinage] MAINTAINING A PARAMOUR 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 
MARITAL 
INFIDELITY 
OR 
MAINTAINING 
A 
PARAMOUR, NOR, IN ANY CASE, IF HE OR SHE SHALL HAVE 
ABANDONED THE GUILTY SPOUSE WITHOUT JUST CAUSE 
FOR MORE THAN ONE YEAR. 
"In cases of seduction, abduction, acts of lasciviousness and 
rape, the marriage of the offender with the offended party shall 
extinguish the criminal action or remit the penalty already imposed 
upon him. The provisions of this paragraph shall also be applicable 
to the co-principals, accomplices and accessories after the fact of 
the above-mentioned crimes." 
SEC. 4. This Act shall take effect fifteen (15) days following its publication 
in at least two (2) newspapers of general circulation. 
Approved,