FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )

First Regular Session )
HOUSE OF REPRESENTATIVES

House Bill No, 91.2

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

Equality between men and women before the law is guaranteed no less than the
Constitution, ‘This ensures that gender should not be a basis in the application of law.
However, laws that run counter to this still prevail

For instance, Article 333 of the Revised Penal Code, defines adultery a crime
committed by a married woman and the man whom she has intercourse with, On the other
hand, Article 334 states that concubinage may be committed by a man 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.
These are elements that are more difficult to prove as compared to adultery of women, The
inconsistency shows the manifest discrimination in the observance and enforcement of the
law. Such is a manifestation of archaic tenets of a society.

Thus, this bill aims to climinate the biases against gender in these articles of the
Revised Penal Code. At this juncture, it is time to update our laws in order to conform to the
dynamism of society and to uphold the constitutionally guaranteed principle of equality among,
men and women.

In view of the foregoing, immediate passage of this measure is earnestly sought.

SUSAI

Representative, Secbad District of Tarlac


FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No__ 912

Introduced by Representative Susan A. Yap

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 House of Representatives of the Philippines in Congress assembled:

SECTION 1, Chapter One, Title E!

. Book IL of Act No. 3815, as amended, otherwise

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known as the Revised Penal Code, is hereby further amended to read as follows:

“Title Eleven

“CRIMES AGAIN‘

CHASTITY
“Chapter One

“[ADU

RY 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 coreccional 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. Comeubinage. ~ 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.

“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 SEXUAL INTERCOURSE WITH A PERSON NOT HIS OR


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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.

“MOSLEMS AND MEMBERS OF INDIGENOUS PEOPLI
COMMUNITIES WHO ACTIVELY AND CONTINUOUSLY PRACTICE
TIME IMMEMORIAL CUSTOMS AND TRADITIONS ALLOWING
MULTIPLE SPOUSES SHALL BE HELD LIABLE FOR MARITAL
INFIDELITY IF THEY ENGAGE IN SEXUAL INTERCOURSE WITH
ANY PERSON OTHER THAN THE OFFICIAL SPOUSES
RECOGNIZED BY THEIR RESPECTIVE FAITHS AND TRADITIONS.

S,

“ART, 334, MARITAL INFIDELITY COMMITTED BY PUBLIC
OFFICERS AND EMPLOYEES. - WHEN MARITAL INFIDELITY, AS
DEFINED IN THE PRECEDING ARTICLE, IS COMMITTED BY ANY
OFFICER OR EMPLOYEE OF THE GOVERNMENT INCLUDING,
BUT NOT LIMITED TO, MILITARY PERSONNEL, THOSE
EMPLOYED IN GOVERNMENT-OWNED AND -CONTROLLED
CORPORATIONS (GOCCs) WITH ORIGINAL CHARTERS, THOSE
NOMINATED BY THE GOVERNMENT AS MEMBERS OF THE
BOARD OF DIRECTORS OF GOCCs ORGANIZED UNDER BATAS
PAMBANSA BILANG 68, AS AMENDED, (THE CORPORATION
CODE), AND PHILIPPINE REPRESENTATIVES TO
INTERNATIONAL ORGANIZATIONS, THE PENALTY OF PRISION.
MAYOR IN ITS MINIMUM PERIOD SHALL BE IMPOSED.”

2C. 2. Article 344 of the same Code is likewise further amended to read as follows:

“Art. 344. Prosecution of the crimes of adultery, concubinage| MARITAL
INFIDELITY, seduction, abduction, (rape) and acts of lascivionsness. ~ The crime[s] of
[adultery and concubinageJMARITAL INFIDELITY shall not be prosecuted
except upon a complaint filed by

he 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 (1) YEAR

“The offenses of seduction, abduction, [rape] or acts of lasciviousness shall

complaint filed by the offended party or her

not be prosecuted except upon



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 smposed 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.

SEC, 3. Separability Clans. ~ Vf any provision of this Act is declared unconstitutional, the other
provisions not affected shall continue to be in full force and effect.

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|. Repealing Clause. — All laws, decrees, rules and regulations or parts thereof inconsistent with
this Act are hereby repealed or amended accordi

SEC. 5, [iffetivity. ~ This Act shall take effect fifteen (15)
publication in the Oficial G.
Philippines.

s following the completion of its
gefte or in at least two (2) newspapers of general circulation in the

Approved,