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

RECEIVED %

Sixteenth Congress
. First Regular Session

House Bill NB BQ

Introduced by AKBAYAN Representatives
Ibarra “Barry” M, Gutierrez III and Walden F, Bello

EXPLANATORY NOTE

“Article II, Section 14 of the/987 Philippine Constitution states that the State recognizes the role of
women in nation-building, and shall ensure the fundamental equality before the law of women
and men, Despite this recognition, however, and admittedly, the Revised Penal Code has several

provisions which are discriminatory to women,

‘Two of these discriminatory provisions come in the form of adultery and concubinage. Adultery,
committed by any married woman who has sexual intercourse with a man not her husband, is a
ctiminal offense and punishable by imprisonment, No similar felony or special law penalizes
men for the commission of the same action. Concubinage on the other hand, punishes a man
who keeps a misteess in the conjugal home or has sexual intercourse with a woman not his wife
under scandalous circumstances, Though this is deemed to be the equivalent action of men to
adultery, the qualification provided by concubinage shows an inequality that itis biased towards

men, who can commit the act discreetly and not be penalized for it.

Article 2(g) of the Convention on the Elimination of All Forms of Discrimination Against Womemander
the United Nations requires the State to modify ot abolish existing laws which are prejudicial to
women. Article 16 of the said Convention furthers the promotion of equality in all matters relating
to marriage and family relations by mandating State Parties to take steps in ensuring the
climination of discrimination against women. In 2006, The CEDAW Committee Concluding
Moments on the 5" and 6" Philippine Country Report issued its concern in the delay or lack of

‘action thereof in revising disctiminatory provisions in the Revised Penal Code


Though the CEDAIV focuses on insuring that the rights of women are provided, the rights of
‘men in the same light should not be disregarded. ‘The Constitution mandates that men and women
be treated equally in the eyes of the law, and actions should be taken in order to remove

partiality, whether it be for men or for women, in existing laws

Pursuant to Article II, Section 14 of the Constitution, this bill secks to remove the double
standards inherent in the crimes of adultery and concubinage by repealing Articles 333 and 334
of the Revised Penal Code, Repealing the said provisions is a step towards ensuring the equality

before the law of women and men,

In view of the foregoing, immediate approval of this measure is eamestly sought.

ee
IBARRA “BARRY” (ERREZ IL



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

Sixteenth Congress
First Regular Session

Hotse BilNo, 8639

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F, Bello

AN ACT
REPEALING ARTICLES 333 AND 334 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE “REVISED PENAL CODE,”
AND FOR OTHER PURPOSES,

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

SECTION 1. Article 333 of Act No. 3815, as amended, otherwise known as the Revised Penal
Code, which reads:

“Article 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
y of her, knowing her to be married, even if the marriage be

subsequently declared void.

Adultery shall be punished by prision correcconal 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.”


s hereby repealed.

SECTION 2. Article 334 of Act No. 3815, as amended, otherwise known as the Revised Penal

Code, which reads:

“Antcle 334, Concubinage—Any husband who shall keep a mistress
in the conjugal chvelling, or, shall have sexual intercourse, under
scandalous circumstances, with a woman who is not his wide,
or shall cohabit with her in any other place, shall be punished by

prision correctional its minimum and medium periods.

‘The concubine shall suffer the penalty of destino.”

is hereby repealed.

SECTION 3. Retroactive effect—All pending criminal cases, and accompanying civil cases, if
any, for a violation of Articles 333 and 334 of the Revised Penal Code shall be dismissed upon the
effectivity of this Act.

Pursuant to Section 22 of the 1987 Philippine Constitution prohibiting the enactment of e-
post facto laws ot bills of attainder and to Article 22 of the Revised Penal Code, the provisions of
this Act shall have retroactive effect insofar as they are favorable to the petson charged or
Convicted under Articles 333 and 334 of the Revised Penal Code, who is not a habitual criminal,
1s defined in Rule 5 of Article 62 of the said Code, even if at the time of the publication of this
‘Act a final sentence has been pronounced and the convict is serving the same. Therefore, all
persons serving sentence for a violation of Article 333 and 334 of the Revised Penal Code shall be
immediately released upon the effectivity of this Act: Provided, That they ate not serving sentence

or detained for any other offense ot felony.

SECTION 4. Separability clause-—If any part, section ot provision of this Act is held invalid

or unconstitutional, other provisions not affected thereby shall remain in full force and effect.


SECTION 4. Repealing clause—All laws, decrees, orders, rules and regulations or other
issuances, particularly that of the Revised Penal Code, which are inconsistent with the provisions
of this Act, are hereby repealed, amended, or modified accordingly. Articles 333 and 334 of the

Revised Penal Code are repealed.

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

Approved,