THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
Article 351 of the Revised Penal Code (Act. No. 3815, as amended) which 
traces its origin to ancient Spain, penalizes: 
(1) a widow who marries within 301 days from the date of the 
death of her husband, or before having delivered if she is 
pregnant at the time of his death; or 
(2) a woman who, her marriage having been annulled or 
dissolved, marries before her delivery or before the expiration 
of the period of 301 days after the date of the legal separation. 
This is crystal clear from the provision of Article 351, which states thus: 
"Any widow who shall marry within three hundred and 
one (301) days 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 Five Hundred Pesos (P500.00). 
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 (301) days after the legal 
separation." (emphasis supplied) 
The aforequoted provision of law is intended to prevent confusion in 
connection with filiation and paternity, inasmuch as the widow might have 
conceived and become pregnant by her late husband (U.S. Dulay, 10 Phil. 305 
cited in Luis B. Reyes, Revised Penal Code Vol. II p.915 12'h ed.) Indeed, in 
conjunction therewith, Article 84 of the Civil Code before its repeal by Executive 
Order 209, as amended, denies the issuance of marriage licenses to such 
women. 
This anachronistic provision smacks of pronounced discrimination against 
women. Besides, it must be distinctly observed that the present advances in 
medical technology allow the detection of pregnancy even almost at its inception. 


In apparent recognition of this medical phenomenon, Article 168 of Executive 
C’ 
<&p{ ”.i 
i 3  ’’~ r~ , 
Order 209, as amended, merely provides: 
iC? 
1 
.‘ 
“If the marriage is terminated and the mother contracted 
another marriage within three hundred (300). 
termination of the former marriage, these rule4 
the absence of proof to the contrary: 
(I) 
A child born before one hundred eighty (180) 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 (300) days after the 
termination of the former marriage; 
(2) A child born after one hundred eighty (180) 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 (300) days after the 
termination of the former marriage.” 
(Emphasis supplied) 
Obviously, the reason for the law ceased. 
While Article 351 aforesaid might not have resulted to any conviction, its 
constant threat of application hangs like a “Damocles Sword” over the heads of 
women. 
This Bill seeks to remove this last vestige of discrimination against women 
from our penal statute books by repealing the three hundred and one (301) days 
penal prohibition to remarry and reducing the same to forty (40) days in fealty to 
customs and traditions. 
Early passage of this Bill, is therefore, earnestly recommended. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
r )  $2 ,: 
Senate Bill No, S L ) ’ S ,  
1. 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
ABOLISHING THE THREE HUNDRED AND ONE (301) DAYS CRIMINAL 
PROHIBITION TO REMARRY AND ALLOWING THE REMARRIAGE OF A 
WIDOW OR A SEPARATED WOMAN FORTY (40) DAYS AFTER THE DEATH 
OF HER HUSBAND OR THE ANNULMENT OR DISSOLUTION OF HER 
PREVIOUS MARRIAGE, AMENDING FOR THIS PURPOSE ARTICLE 351 OR 
ACT NO. 3815 AS AMENDED, OTHERWISE KNOWN AS THE “REVISED 
PENAL CODE” 
/st 
Bedenacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Article 351 or Act No. 3815, as amended otherwise known as 
the “Revised Penal Code” is hereby further amended to read as follows: 
“Any widow who shall marry within [three hundred and one 
days] FORTY (40) DAYS 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 of not exceeding Five Hundred Pesos (P500.00). 
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 
FORTY (40) DAYS [three hundred and one days after legal 
separation] 
FROM 
THE 
DATE 
OF 
ANNULMENT 
OR 
DISSOLUTION OF HER MARRIAGE.” 
SECTION 2. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in at least two (2) national newspapers of 
general circulation, whichever comes earlier. 
Approved,