HOUSE OF REPRESENTATIVES
RECEIVED

2015

Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Constitution Hills, Quezon City

DaTE:
TINE:
BY:

SEVENTEENTH CONGRESS
First Regular Session

__RECISTRATION UNIT
BILLS AND INDEX SERVICE

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HOUSE BILL NO. 1c

Introduced by GABRIELA WOMEN’S PARTY
Representatives Emmi A. de Jesus and Arlene D. Brosas

EXPLANATORY NOTE

Under the Revised Penal Code (RPC), extra marital affairs committed by married men and
women are both considered criminal acts but are not treated equally. Under Article 333 of the
RPC, a wife can be convicted of a crime of adultery for a single act of sexual intercourse with a
man who is not her husband while under Article 334, the husband can only be convicted of a
crime of concubinage if he is found guilty of any of the following: (1) keeping a mistress in the
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.

‘The husband needs only to prove that his wife engaged in a sexual intercourse with a man not
her husband, while the wife needs to show that her husband's sexual intercourse with another
woman was done “under scandalous circumstances.” And, under the third circumstance when
concubinage is committed, it is not enough that the husband is keeping a paramour in another
house. It must be shown that the husband lives with the paramour in that house.

Articles 333 and 334 of the RPC which criminalize marital infidelity (that of having sexual
intercourse with a person other than his/her spouse) clearly discriminate against women
spouses. The abolition of this stricter moral standard on fidelity on married women vis-a-vis their
male counterparts, which standard was set in the 1930's when the RPC took effect, is long
overdue.

Consultations with and cases referred to Gabriela show that, in practice, Articles 333 and 334
are often resorted to only as “bargaining suits” to get the other party in a nulity petition to
“cooperate” or to give in in support negotiations. These suits, while pursued in the initial stages,
are often withdrawn or dismissed. Worse, separated or abandoned wives, who have no remedy
under the law in the absence of a divorce law, are always under a constant threat of suit from
their estranged husbands. They are blackmailed by their estranged husbands through Article
333 of the RPC and while they also have a ground to file under Article 334, they face the
difficulty of proving the crime due to the inherent difficulty in the standards set by the law. In
many cases, women who are faced by these threats are forced to forego legitimate custodial
claims of their children while some are forced to give up their claims over conjugal properties,
assets and the like.

Considering that these provisions in the RPC discriminate against and results to more difficulty
for women, and considering further, that women are amply protected under Republic Act No.
9262 which criminalizes violence against women and their children, Gabriela Women’s Party
seeks the repeal of Articles 333 and 334

Your support to this bill is earnestly sought.

Ail /
REP. EMMI A. JESUS REI LEN! BROSAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Representatives Emmi A. de Jesus and Arlene D. Brosas

AN ACT DECRIMINALIZING ADULTERY AND CONCUBINAGE, AMENDING FOR
THIS PURPOSE ARTICLES 333 AND 334 OF THE REVISED PENAL CODE

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

Section 1. Articles 333 and 334 of the Revised Penal Code are hereby repealed.

SEC. 2. Effect on Pending Cases. All pending cases under the provisions of Article 333
and 334 of the Revised Penal Code prior to its amendment by this Act shall be
dismissed upon effectivity of this Act.

SEC. 3. Immediate Release of Convicted Persons. All persons serving sentence for
violation of the provisions of Article 333 and 334 of the Revised Penal Code on Adultery
and Concubinage prior to its amendment by this Act shall be immediately released upon
effectivity of this Act: Provided, that they are not serving sentence or detained for any
other offense or felony.

SEC. 4. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations and other issuances, or any part thereof, inconsistent with this Act are
hereby repealed, modified or amended accordingly.

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

Approved,