SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES
Third Regular Session )

18 AUG 14 P3335

SENATE

s.B. NO. 1932 a

RECE

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN ON
LAWS RELATING TO CRIMES AGAINST CHASTITY, AMENDING FOR
THIS PURPOSE ARTICLE 333 AND REPEALING ARTICLE 333 OF ACT
3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

The 1987 Philippine Constitution affirmed the role of women in nation-building
and endeavors to ensure the fundamental equality before the law of men and
women. Despite major reforms in our laws to implement the State policy, there
are still a number of discriminatory provisions under our laws which prejudice
against women.

‘Act 3815, otherwise known as the Revised Penal Code, under Article 333 and
Article 334 punishes the crime of adultery and concubinage. Adultery is
committed by a married woman who shall have sexual intercourse with a man
not her husband. On the other hand, concubinage is committed by the husband
under circumstances provided under the law which are difficult to prove (i.e. if
the husband 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). The penalty for adultery is

remarkably higher than the penalty for concubinage.



These provisions which perpetuate discrimination against women are inconsistent
with the policy of our law ensuring equality before the law. Thus, consistent with
the declaration in Republic Act No. 9710, or the Magna Carta of Women,
provisions of law which engender inequality should be abolished.

There have been, in the past, series of proposals to amend this anti-women
provision in the Revised Penal Code. None however have been enacted into law.
It is therefore strongly urged that the passing of this bill be granted utmost
importance.

In view of the foregoing, the passage of this bill is earnestly recommended.

MARIA LOURDES NAMCY S. BINAY
Senator



SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES
Third Regular Session

18 MUG 14 P3395
SENATE

s.B.NO. 1932 p

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN ON
LAWS RELATING TO CRIMES AGAINST CHASTITY, AMENDING FOR
THIS PURPOSE ARTICLE 333 AND REPEALING ARTICLE 333 OF ACT
3815, 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. Title. - Article 333 of Act 3815, otherwise known as the Revised

Penal Code is hereby amended to read as follows:

Art. 333. Who are guilty of MARTIAL INFIDELITY. ~ MARTIAL
INFIDELITY [Adultery] is committed by any married PERSON
[woman] who shall have sexual intercourse with [a man]
ANOTHER PERSON WHO IS not THE SPOUSE [her husband] and
by the OTHER PERSON [man] who has carnal knowledge [of her]
knowing SUCH PERSON [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] MARTIAL INFIDELITY committed
this offense while being abandoned without justification by the

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

Sec. 2. Article 334 of Act 3815, otherwise known as the Revised Penal
Code, is hereby repealed.

Sec. 3. Separability Clause. - If any portion or provision of this Act is
declared void and unconstitutional, the remaining portions or provisions hereof
shall not be affected by such declaration.

Sec. 4. Repealing Clause. — All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

Sec. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) national newspapers of general
circulation.

Approved,