FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
'SENATE 
Senate Bill No. ;513 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
It is the policy of the State to ensure the fundamental equality before the 
law of women and men. While significant changes in legislation have been made 
since the declaration of this State policy under the Constitution, the crimes of 
adultery and concubinage in the Revised Penal Code, which manifestly show 
unequal treatment of husband and wife, still remain. 
The unequal treatment of husband and wife in the crimes of adultery and 
concubinage is plain and obvious. One sexual intercourse by a wife with a man 
not her husband is already adultery, while concubinage is committed by a 
husband, only when he keeps a mistress in the conjugal dwelling, has sexual 
intercourse under scandalous circumstances with a woman not his wife, or 
cohabits with a concubine in any other place. 
Thus, if the husband's sexual relations with a woman not his wife does not 
fall in anyone of these circumstances, he is not criminally liable, unlike the wife 
where all it takes for her to be criminally liable is one sexual intercourse with a 
man not her husband. 
This bill proposes to punish marital infidelity or sexual intercourse by a 
husband or wife with another person not his or her spouse, amending the crimes 
of adultery and concubinage under the Revised Penal Code, to eliminate the 
double standard between husband and wife and promote the fundamental 
equality before the law of women and men. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No.5 73 
i ~j 
JUL -7 
,~i G :28 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT CHANGING THE CRIME OF CONCUBINAGE INTO MARITAL 
INFIDELITY, AMENDING ARTICLE 333 AND ARTICLE 334 OF ACT NO. 3815, 
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, 
FOR THIS PURPOSE 
Be it enacted by the Senate and the 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, is hereby deleted, 
Sec. 2. Article 333 of Act No. 3815, as amended, otherwise known as the 
Revised Penal Code, is hereby amended to read as follows: 
Art. 334. [Concubinage] MARITAL INFIDELITY. - Any husband 
OR WIFE who shall haye keep a mistress OR PARAMOUR in the 
conjugal dwelling, or shall have sexual intercourse, under scandalous 
circumstances, with a woman OR MAN who is not his OR HER wife OR 
HUSBAND, or shall cohabit with her OR HIM in any other place, shall be 
punished by prision correccional in its minimum and maximum periods. 
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 
IN THE 
NEXT 
PRECEDING PARAGRAPH SHALL BE IMPOSED. 
Sec. 3. Repealing Clause. - Act No. 3815, as amended and all laws, 
decrees, orders, rules and regulations or other issuances or parts thereof 
inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
Sec. 4. Separability Clause. - If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any proVisions of this Act 
or any provisions not affected thereby shall remain in force and effect. 
Sec. 5. Effectivity. - This Act shall take effect after fifteen (15) days 
following the completion of its publication either in the Official Gazette or in a 
newspaper of general circulation in the Philippines. 
Approved,