SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B.No. lG48 
13 S[P 11 P6 :31 
Introduced by Senator Maria Lourdes Nancy S. Binay 
- EXPLANATORY NOTE 
The 1987 Philippine Constitution affinned the role of women in nation-building and 
endeavors to ensure the fundamental equality before the law of men and women. Despite 
major refonns in our laws to implement the State policy, there are still a number of 
discriminatory provisions under our laws which prejudice against women. 
Act 3815, otherwise known as the Revised Penal Code, under Article 333 and Article 334 
punishes the crime of adultery and concubinage. Adultery is committed by a married woman 
who shall have sexual intercourse with a man not her husband. 
On the other hand, 
concubinage is committed by the husband under circumstances provided under the law which 
are difficult to prove (i.e., if the husband 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). The penalty for adultery is remarkably 
higher than the penalty for concubinage. 
These provisions which perpetuate discrimination against women are inconsistent with the 
policy of our law ensuring equality before the law. Thus, consistent with the declaration in 
Republic Act No. 9710, or the Magna Carta of Women, provisions of law which engender 
inequality should be abolished. 
There have been, in the past, series of proposals to amend this anti-women provision in the 
Revised Penal Code. None however have been enacted into law. It is therefore strongly 
urged that the passing of this bill be granted utmost importance. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
~rl1lltr 
(I~fI.;r .. r H,. ~m't .. u 
'13 
SEP 11 
P6 :31 
SENAI~ 
S.B. No. 
b 48 
RECEIVED By:_-r-
Introduced by Senator Maria Lourdes Nancy S. Binay 
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ACT ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN ON 
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LAWS RELATING TO CRIMES AGAINST CHASTITY, AMENDING FOR THIS 
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PURPOSE ARTICLE 333 AND REPEALING ARTICLE 334 OF ACT 3815, 
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OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER 
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PURPOSES 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION 1. Title. Article 333 of Act 3815, otherwise known as the Revised Penal Code is 
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hereby amended to read as follows: 
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Art. 333. Who are guilty of MARITAL INFIDELITY -- MARITAL INFIDELITY 
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[Adultery] is committed by any married PERSON [woman] who shall have sexual 
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intercourse with [a man] ANOTHER PERSON WHO IS not THE SPOUSE [her 
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husband] and by the OTHER PERSON [man] who has carnal knowledge [of her] 
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knowing SUCH PERSON [her] to be married, even if the marriage be subsequently 
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declared void. 
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Adultery shall be punished by prision correccional in its medium and maximum 
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periods .. 
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If the person guilty of [adultery] MARITAL INFIDELITY committed this offense 
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while being abandoned without justification by the offended spouse, the penalty next 
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lower in degree than that provided in the next preceding paragraph shall be imposed. 
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SECTION 2. Article 334 of Act 3815, otherwise known as the Revised Penal Code, is 
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hereby repealed. 
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SECTION 3. Separability Clause. If any portion or provision of this Act is declared void and 
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unconstitutional, the remaining portions or provisions hereof shall not be affected by such 
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declaration. 
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SECTION 4. Repealing Clause. All laws, decrees, orders, rules and regulations, other 
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issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
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modified accordingly. 


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SECTION 5. Effictivity Clause. This Act shall take effect fifteen (15) days after its complete 
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publication in at least two (2) national newspapers of general circulation. 
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Approved,