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96 2022

NINETEENTH CONGRESS
First Regular Session

1340

HOUSE BILL NO.

Introduced by Honorable Representatives

ARLENE D. BROSAS (Gabriela Women’s Party);
FRANCE L. CASTRO (ACT Teachers Partylist);

and RAOUL DANNIEL A. MANUEL (Kabataan Partylist)

AN ACT DECRIMINALIZING ADULTERY AND CONCUBINAGE, REPEALING FOR THIS
PURPOSE ARTICLES 333 AND 334 OF THE REVISED PENAL CODE

EXPLANATORY NOTE

Under the Revised Penal Code (RPC), extramarital affairs committed by married men and
women are considered criminal acts but not treated equally. Under Article 333 of the RPC, a
wife can be convicted of a crime of adultery for a single act of sexual intercourse with a man
who is not her husband, while under Article 334, the husband can only be convicted of a crime
of concubinage if he is found guilty of any of the following: (1) keeping a mistress in the
conjugal dwelling; (2) having sexual intercourse under scandalous circumstances with a
woman who is not his wife; or (3) cohabiting with her in any other place.

The husband needs only to prove that his wife engaged in sexual intercourse with a man, not
her husband. in contrast, the wife needs to show that her husband's sexual intercourse with
another woman was “under scandalous circumstances." And, under the third circumstance,
when concubinage is committed, it is not enough that the husband is keeping a paramour in
another house. It must be shown that the husband lives with the paramour in that house.

Articles 333 and 334 of the RPC, which criminalize marital infidelity (that of having sexual
intercourse with a person other than his/her spouse), clearly discriminates against women
spouses. The abolition of this stricter moral standard on fidelity on married women vis-a-vis
their male counterparts, which standard was set in the 1930s when the RPC took effect. is
long overdue.

Consultations with, and cases referred to, GABRIELA Alliance of Filipino Women show that in
practice, Articles 333 and 334 are often resorted to only as "bargaining suits” to get the other
party in a nullity petition to "cooperate" or to give in during support negotiations. While pursued
in the initial stages, these suits are often withdrawn or dismissed. Worse, separated or
abandoned wives, who have no remedy under the law in the absence of divorce, are always
under constant threat of suit from their estranged husbands. Their estranged husbands
blackmail them through Article 333 of the RPC. While they may also have grounds to file under
Article 334, they face the difficulty of proving the crime due to the inherent difficulty in the
standards set by the law. In many cases, women faced with these threats are forced to forgo
legitimate custodial claims of their children, while some are forced to give up their claims over
conjugal properties, assets, and the like.


In view of the foregoing, the passage of this bill is eamestly sought.

RLENE 9}, BROSAS
briela Women’s Party

FRANCE/L. CASTRO mmo cet MANUEL

ACT Teachers Partylist Kabataan Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS:
First Regular Session

1340

HOUSE BILL NO.

Introduced by Honorable Representatives
ARLENE D. BROSAS (Gabriela Women’s Party);
FRANCE L. CASTRO (ACT Teachers Partylist);
and RAOUL DANNIEL A. MANUEL (Kabataan Partylist)

AN ACT DECRIMINALIZING ADULTERY AND CONCUBINAGE, REPEALING FOR THIS
PURPOSE ARTICLES 333 AND 334 OF THE REVISED PENAL CODE

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

SECTION 1. Articles 333 and 334 of the Revised Penal Code (RPC) are hereby repealed.

SECTION 2. Effect on Pending Cases. All pending cases under the provisions of Article
333 and 334 of the Revised Penal Code prior to its amendment by this Act shall be
dismissed upon effectivity of this Act.

SECTION 3. Immediate Release of Convicted Persons. All persons serving sentences for
violation of the provisions of Articles 333 and 334 of the RPC on Adultery and Concubinage
prior to its amendment by this Act shall be immediately released upon effectivity of this Act:
Provided, they are not serving sentence or detained for any other offense or felony

SECTION 4. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations and other issuances, or any part thereof, inconsistent with 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 the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,