Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
NINETEENTH CONGRESS 
Third Regular Session 
HOUSE BILL NO. _______ 
Introduced by  
HON. ATTY. GERVILLE “JINKY BITRICS” R. LUISTRO 
AN ACT 
AMENDING ARTICLES 333 AND 344, AND REPEALING ARTICLE 334, OF THE 
REVISED PENAL CODE, ELIMINATING GENDER BIAS IN ADULTERY AND 
CONCUBINAGE 
EXPLANATORY NOTE 
There is a pressing need to remove discrimination in the laws against concubinage and 
adultery under the Philippines Revised Penal Code because these provisions disproportionately 
affect women. Under current law, only wives can be charged with adultery, while husbands can 
commit concubinage without facing the same legal scrutiny. The law requires wives to provide 
proof that their husbands have maintained a mistress in the conjugal dwelling or have engaged in 
scandalous acts, which often makes it more difficult for women to seek justice compared to the 
less burdensome proof required in adultery cases. 
The unequal penalties further emphasize this gender bias. A wife found guilty of adultery 
and her paramour can face up to six years in prison, while a husband convicted of concubinage 
may serve only up to four years and one day, and his mistress may face mere "banishment." This 
disparity in punishment reflects a societal imbalance that undermines gender equality, where the 
law seemingly holds women to higher standards of fidelity while allowing more leniency for 
men. 
Moreover, these provisions have been exploited in legal battles, particularly in annulment 
cases, where one party uses the threat of an adultery or concubinage charge to force cooperation 
or settlement. For example, women in separated or abandoned marriages, lacking a divorce law, 
are often blackmailed by estranged husbands using Article 333 of the Revised Penal Code. This 
creates a power imbalance that pressures women to relinquish their custodial rights or their share 
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of property, highlighting the urgent need for reform to ensure equal treatment and protect the 
rights of all spouses. 
In view of the foregoing, the urgent passage of this bill is sought. 
HON. ATTY. GERVILLE “JINKY BITRICS” R. LUISTRO 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
NINETEENTH CONGRESS 
Third Regular Session 
HOUSE BILL NO. _______ 
Introduced by  
HON. ATTY. GERVILLE “JINKY BITRICS” R. LUISTRO 
AN ACT 
AMENDING ARTICLES 333 AND 344, AND REPEALING ARTICLE 334, OF THE 
REVISED PENAL CODE, ELIMINATING GENDER BIAS IN ADULTERY AND 
CONCUBINAGE 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Article 333 of the Revised 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 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.] 
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"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 ABANDONED 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 PRECEDING PARAGRAPH SHALL BE IMPOSED, 
AND THE SAME PENALTY SHALL BE IMPOSED ON THE CO-
ACCUSED IN THE MARITAL INFIDELITY CASE." 
 
SEC 2. Article 334 is hereby repealed. 
 
SEC 3. Paragraph 1, Article 344 of the Revised Penal Code is hereby amended to read as 
follows: 
 
"Art. 344. Prosecution of the crimes of MARITAL INFIDELITY [adultery, 
concubinage], seduction, rape, and acts of lasciviousness. - The crime[s] of 
MARITAL INFIDELITY [adultery and concubinage] shall not be prosecuted 
except upon a complaint filed by the offended spouse. 
 
XXX XXX XXX 
 
SEC 4. 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. 
 
SEC 5. 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. 
 
SEC 6. Effectivity Clause. - This Act shall take effect thirty (30) days after its publication in at 
least two (2) newspapers of general circulation. 
 
Approved,