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

Fifteenth Congress
First Regular Session

House BILLNo,_3902

Introduced by Rep Teddy Brawner Baguilat

EXPLANATORY NOTE

Under Article II, Section 14 of the Constitution, "The State recognizes the role of women in
nation building and shall ensure the fundamental equality before the law of women and men.”

This constitutional mandate, however, has not been fully upheld. The Family Code (EO 209, as
amended) replaced “adultery on the part of the wife and concubinage on the part of the
husband’ with "sexual infidelity” on the part of either spouse as a ground for legal separation.

And yet, many years after the passage of the Family Code, the Revised Penal Code (Act 3815,
as amended) retains both ‘adultery’ (Article 333) and “concubinage” (Article 334) as felonies,
thus revealing the pernicious discrimination against women that still afflicts our legal tradition
and society.

Despite the right to equal treatment under the law, a wife can be convicted for a single act of
sexual intercourse under Article 333, while the husband is only liable for concubinage if he does
any of the following acts specified in Article 334 of the Revised Penal Code: (1) keeping a
mistress in a conjugal dwelling; (2) having sexual intercourse under scandalous circumstances
with a woman who is not his wife; or (3) cohabiting with her in any other place. Moreover, a wife
in an adultery case incurs a heavier penalty than a husband in a concubinage case.

This bill seeks to remedy such disparate treatment of wives and husbands by amending Articles
333, 334, and 344 of the Revised Penal Code. Furthermore, this bill seeks to make the Code
more attuned to the Constitutional mandate of fundamental equality before the law of women
and men

In view of the foregoing, the approval of this bill highly and earnestly recommended.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

3502

HOUSE BILL NO.

Introduced by Rep. Teddy Brawner Baguilat

AN ACT DEFINING AND PENALIZING THE CRIME OF MARITAL INFIDELITY,
AMENDING FOR THE PURPOSE ARTICLES 333, 334 AND 344 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. Chapter One, Title Eleven, Book I! of Act No. 3815, as amended,
otherwise known as the Revised Penal Code, is hereby amended to read as follows:

“Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
[ADULTERY AND CONCUBINAGE] MARITAL INFIDELITY

“[ART. 333. Who are guilty of adultery. - 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.

Adultery 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 offended spouse, the penalty next lower in degree than that provided in
the next preceding paragraph shall be imposed.

ART. 334. Concubinage. — Any husband 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, shall be punished by prision
correccional in its minimum and medium periods.


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‘The concubine shall suffer the penalty of destierro.]"

“ART. 333. WHO ARE GUILTY OF MARITAL INFIDELITY. - MARITAL INFIDELITY IS
COMMITTED BY ANY MARRIED PERSON WHO HAS CARNAL KNOWLEDGE OF A
PERSON NOT HIS OR HER SPOUSE, AND BY THE PERSON WHO HAS CARNAL
KNOWLEDGE OF THE MARRIED PERSON, KNOWING HIM OR HER TO BE MARRIED,
EVEN IF THE MARRIAGE BE SUBSEQUENTLY DECLARED VOID.

“MARITAL INFIDELITY SHALL BE PUNISHED BY PRISION CORRECCIONAL IN ITS
MINIMUM AND MEDIUM PERIODS.

“THE PENALTY IN ITS MAXIMUM PERIOD SHALL BE IMPOSED UPON THE SPOUSE
WHO SHALL KEEP A PARAMOUR IN THE CONJUGAL DWELLING.

“THE PENALTY IN ITS MEDIUM PERIOD SHALL BE IMPOSED UPON THE SPOUSE
WHO SHALL COHABIT WITH A PARAMOUR IN ANY OTHER PLACE.

“IF THE PERSON GUILTY OF MARITAL INFIDELITY COMMITTED THIS OFFENSE
WHILE BEING ABANDONED WITHOUT JUSTIFICATION BY THE OFFENDED SPOUSE,
THE PENALTY NEXT LOWER IN DEGREE THAN THAT PROVIDED SHALL BE
IMPOSED.”

SECTION 2. Article 344 of the same Act is likewise 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 [adultery and

concubinage] MARITAL INFIDELITY 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, OR IS LIKEWISE GUILTY OF MARITAL INFIDELITY, OR
ABANDONED THE GUILTY SPOUSE WITHOUT JUST CAUSE FOR MORE THAN ONE
YEAR.


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“The offenses of seduction, abduction, [ rape ] or acts of lasciviousness, shall not be
prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by
the above named persons, as the case may be.

“In cases of seduction, abduction, AND 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.”

SECTION 3. Separability Clause. If any provision of this Act is declared
unconstitutional, the other provisions not affected shall continue to be in full force and effect,

SECTION 4. Repealing Clause. All laws, decrees, rules and regulations, or parts
thereof inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 5. Effectivity. This Act shall take effect fifteen (15) days following the
completion of its publication in the Official Gazette or in at least two (2) newspapers of
general circulation the Philippines.