FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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. 
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 re-filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
S.B.No. 2359 
Introduced by Senator Miriam Defensor Santiago 
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 while): 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 
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[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, 
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” 
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 is hereby repealed, modified or amended accordingly. 
SECTION 5. Effectivity Clause. - This Act shall take effect fifleen (15) days after it 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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