Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bit no 2523

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING ARTICLES 333 AND 344, AND REPEALING ARTICLE 334, OF THE
PENAL CODE, ELIMINATING GENDER BIAS IN ADULTERY AND CONCUBINAGE

The Constitution, Article XI, 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. i

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.
if fader
LUIS RAYMUNI 2) LAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL NO. CEB)

introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING ARTICLES 333 AND 344, AND REPEALING ARTICLE 334, OF THE
PENAL CODE, ELIMINATING GENDER BIAS IN ADULTERY AND CONCUBINAGE

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

SECTION 1. Article 333 of the Penal Code is hereby amended to read as follows:

“Art. 333. MARITAL INFIDELITY. (Who are guilty of adultery?) MARITAL INFIDELITY
[ADULTERY] is committed by any married PERSON [woman] who shall have sexual
RELATIONS [intercourse] with a PERSON [man] OTHER THAN HIS OR her SPOUSE
{husband}, and by the SEXUAL PARTNER [man] of the MARRIED PERSON knowing the
LATTER [her] to be married, even if the marriage be subsequently declared void.

“MARITAL INFIDELITY [adultery] shall be punished by prision correccional in its
MINIMUM [medium] and MEDIUM [maximum] periods.”

“ANY PERSON ACCUSED OF MARITAL INFIDELITY SHALL BE EXEMPT FROM
CRIMINAL LIABILITY IF THE OFFENSE WAS COMMITTED AFTER THE ISSUANCE
OF A FINAL DECREE OF LEGAL SEPARATION BY A COMPETENT COURT
HOWEVER, IF THE OFFENSE WAS COMMITTED AFTER THE ACCUSED SPOUSE
HAD BEEN JUSTIFIABLY ABANDONED [(If the person guilty of adultery committed this
offense white): abandoned without justification} OR SUBJECTED TO REPEATED
PHYSICAL VIOLENCE OR GROSSLY ABUSIVE CONDUCT by the offended spouse,
the penalty next lower in degree than that provided in the [next] preceding paragraph
shall be imposed, AND THE SAME PENALTY SHALL BE IMPOSED ON THE
CO-ACCUSED IN THE MARITAL INFIDELITY CASE.”

SECTION 2. Article 344, paragraph 1, of the Penal Code is hereby amended to read as


follows:
“Art. 344. Prosecution of the crimes of MARITAL INFIDELITY [adultery, concubinagel,
seduction, rape, and acts of lasciviousness. — “The crime[s] of MARITAL INFIDELITY
[adultery and concubinage] shalll not be prosecuted except upon a complaint filed by the
offended spouse. xxx"

SECTION 3. Separability Clause. — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 4. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation contrary to or inconsistent with, the
provisions of this Act are hereby repealed, modified or amended accordingly.

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

Approved,