SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 Oel -2 1\11 :44 
SENi\TE 
S. No. 1771 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 14, mandates the State to ensure the fundamental 
equality before the law of women and men. This requires the State to apply the law regardless of 
one's gender. 
Under the Penal Code, Art. 333, adultery may only be committed by a married woman 
and by the man who shall have sexual intercourse with her. On the other hand, under the same' 
law, Art. 334, concubinage may be committed by a husband only under certain conditions which 
are difficult to prove. These provisions have allowed other married persons not falling within the 
coverage to perpetuate marital infidelity but remaining unscathed from the application of the law. 
This bill seeks to eliminate this gender bias in adultery and concubinage. 
This bill is a consolidation of related bills submitted in the Tenth Congress before the 
Committee on Constitutional Amendments, Revision of Codes and Laws, which the undersigned 
chaired.' 
'This bill was fe-filed during the Thirteenth Congress, First Regular Session. 
I 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 
1 '2'71 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
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(\JII,;""I \I(.lh",t .. ~ 
'13 
OCl -2 (.\11:44 
2 
AMENDING ARTICLES 333 AND 344, AND REPEALING ARTICLE 334, OF ACT NO. 
3 
3815, AS AMENDED, OTHERWISE KNOWN AS THE PENAL CODE, ELIMINATING 
4 
GENDER BIAS IN ADULTERY AND CONCUBINAGE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
5 
SECTION 1. Article 333 of Act No. 3815, as amended, otherwise known as the 
6 
Penal Code, is hereby amended to read as follows: 
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"Art. 333. MARITAL INFIDELITY. [Who are guilty of adultery?] --
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MARITAL INFII)ELITY [ADULTERY] is committed by any married 
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PERSON [woman) who shall have sexual RELATIONS [intercourse) with a 
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PERSON [man) OTHER THAN HIS OR her SPOUSE [husband), and by the 
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SEXUAL PARTNER [man) of the MARRIED PERSON, knowing the 
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LATTER [her) to be married, even if the marriage be subsequently declared void. 
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MARITAL INFII)ELITY [adultery) shall be punished by prision 
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correccional in its MINIMUM [medium) and MEDIUM [maximum) periods. 
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ANY PERSON ACCUSED OF MARITAL INFII)ELITY SHALL BE 
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EXEMPT FROM CRIMINAL LIABILITY IF THE OFFENSE WAS 
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COMMITTED AFTER THE ISSUANCE OF A FINAL DECREE OF 
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LEGAL SEPARATION BY A COMPETENT COURT. HOWEVER, IF 
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THE OFFENSE WAS COMMITTED AFTER THE ACCUSED SPOUSE 
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HAD BEEN JUSTIFIABLY ABANDONED [(If the person guilty of adultery 
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committed 
this 
offense 
while): 
abandoned 
without justification) 
OR 
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SUBJECTED TO REPEATED PHYSICAL VIOLENCE OR GROSSLY 
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ABUSIVE CONDUCT by the offended spouse, the penalty next lower in degree 
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1 
than that provided in the [next] preceding paragraph shall be'imposed, AND THE 
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SAME PENALTY SHALL BE IMPOSED ON THE CO-ACCUSED IN THE 
3 
MARITAL INFIDELITY CASE." 
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SECTION 2. Article 344, paragraph I, of the same law is hereby amended to read as 
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follows: 
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"Art. 344. Prosecution of the crimes of MARITAL INFIDELITY 
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[adultery, concubinage), seduction, rape, and acts of lasciviousness. - "The 
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crime[s) of MARITAL INFIDELITY [adultery and concubinage) shall not be 
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prosecuted except upon a complaint filed by the offended spouse. xxx" 
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SECTION 3. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 4. Repealing Clause . . - Article 334 of Act No. 3815, as amended, otherwise 
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known as the Penal Code, is hereby repealed. 
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Any law, presidential decree or issuance, executive order, letter of instruction, rule or 
16 
regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, 
17 
modified, or amended accordingly. 
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SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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