HOUSE 9F REPRESENTATIVES

RECEIVED
pare, 90 JUN 2018

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TINE: i

BY:
SEVENTEENTH CONGR'
First Regular Session REGISTRATION UNIT

BILLS AND INDEX SERVICE

759

House Bill No.

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

EXPLANATORY NOTE

‘The Revised Penal Code's disparity in the treatment of men and women with regards
to infidelity has long been an example of legislation that has failed to evolve with the times,
‘There is certainly no reason why it should remain in the law of the land in the year 2016.

This bill -- based on House Bill No, 405 filed by Rep. Susan A. Yap during the 16"
Congress, but with adjustments made to the penalties and when an offended party may not
file suit -— aims to equalize the treatment of sexual infidelity in the Revised Penal Code, as
well as provide further mitigating factors for the offense when the offended party is guilty of
certain acts against his or her spouse.

banter H- Veltrn
EMMELINE Y. AGLIPAY - VILLAR
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session
c

759

House Bill No.

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

AN ACT.

DEFINING THE CRIME OF SEXUAL INFIDELITY AND PROVIDING
PENALTIES THEREFOR, AMENDING FOR THE PURPOSE ARTICLE 333
(ADULTERY), ARTICLE 334 (CONCUBINAGE) AND ARTICLES 344 AND 345 OF
TITLE ELEVEN, BOOK II OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. The provisions of Articles 333 and 334 of Act No. 3815 are hereby
repealed and, in lieu thereof, Articles 333 and 334 should now read as follows:

‘Title Eleven
"CRIMES AGAINST CHASTITY
"Chapter One
"(ADULTERY AND CONCUBINAGE]
"SEXUAL INFIDELITY

[ART. 333. Who are guilt of adultery - Adultery is committed by any married woman
who shall have sexual intercourse with a man not her husband and by the man who has carnal
knowledge of her knowing her to be married, even if the marriage be subsequently declared
void.

‘Adultery shall be punished by prison 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.

ART. 334. Concubinage. - Any husband who 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, shall be punished by prison
correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.]

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"ART. 333. SEXUAL INFIDELITY. SEXUAL INFIDELITY IS COMMITTED BY
ANY LEGALLY MARRIED PERSON WHO SHALL HAVE SEXUAL INTERCOURSE,
WITH ANOTHER PERSON OTHER THAN THE MARRIED PERSON'S SPOUSE AND
BY THE PERSON WHO HAS CARNAL KNOWLEDGE WITH THE MARRIED
PERSON, KNOWING THAT PERSON TO BE LEGALLY MARRIED, EVEN IF THE
MARRIAGE BE SUBSEQUENTLY DECLARED VOID.

"ART, 334. PENALTY, - SEXUAL INFIDELITY SHALL BE.PUNISHED BY
PRISON CORRECCIONAL IN ITS MINIMUM PERIOD.

"THE PENALTY OF PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD
SHALL BE IMPOSED UPON AN OFFENDER WHO SHALL KEEP A PARAMOUR IN
THE CONJUGAL DWELLING.

"THE PENALTY OF PRISION CORRECCIONAL IN ITS MEDIUM PERIOD
SHALL BE IMPOSED UPON AN OFFENDER WHO SHALL COHABIT WITH A
PARAMOUR IN ANY OTHER PLACE.

SECTION 2. Articles 344 and 345 of the Revised Penal Code are, likewise amended
co read as follows:

"ART. 344, Prosecution of the crimes of adultery, concubine] SEXUAL
INFIDELITY, seduction, abduction, rape and acts of lasciviousness. — The ctime[s] of
[adultery and concubinage] SEXUAL INFIDELITY shall not be prosecuted except upon a
complaint filed by the offended spouse

The offended party cannot institute criminal prosecution without including both the
guilty parties [,] if they are both alive, nor, in any case, if [he] (1) THE OFFENDED PARTY
IS LIKEWISE GUILTY OF SEXUAL INFIDELITY; OR (2) HAD ABANDONED THE
GUILTY SPOUSE WITHOUT JUST CAUSE FOR MORE THAN ONE (1) YEAR; OR (3)
[shall have] HAD CONDONED, consented or pardoned the offenders; or (4) WHEN THE
OFFENDED PARTY HAS ENGAGED IN PHYSICAL VIOLENCE OR GROSSLY
ABUSIVE CONDUCT TOWARD THE OFFENDED SPOUSE.

“XXX

"ART. 345, Civil liability of persons guilty of crimes against chastity. - Persons guilty
of rape, seduction or abduction shall also be sentenced

"(1) To indemnify the offended woman.
"(2) To acknowledge the offspring, unless the law should prevent him from so doing
"(3) In every case to support the offspring

"[The adulterer and the concubine] PERSONS GUILTY OF SEXUAL INFIDELITY
in the case provided for in Article{s] 333 [and 334] may also be sentenced, in the same
proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended

spouse.”

Approved,

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