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EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
V 
o( liic JTc'1 rl-ifp
SENATE
S.B. No. 
4 1 b
'19 JUL 15 A 8 53
RECE.v:^:^
Introduced by SENATOR IMEE R. MARCOS
AN ACT REDEFINING ADULTERY, FURTHER AMENDING FOR THIS 
PURPOSE REPUBLIC ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED
PENAL CODE, AS AMENDED
EXPLANATORY NOTE
Section 14, Article II of the 1987 Constitution provides that ’The State recognizes 
the role of women in nation-building, and shall ensure the fundamental equality before 
the law of women and men."
Yet, under our existing laws, there is a sharp distinction between adultery or 
sexual infidelity committed by a man or a woman. A married woman may be charged 
for adultery by a single sexual act with a man other than her husband, the crime 
established by mere circumstantial evidence. On the other hand, the very public 
scenarios envisioned in the concubinage provision of the Revised Penal Code applied to 
married men are well-nigh impossible to establish.
Further, the law provides sbffer penalties for adultery than for concubinage.
This bill seeks to uphold gender equality as enshrined in the Constitution, making 
both married men and women liable for the crime of adultery.
Thus, to give truth and life to the Constitutional mandate that women and men 
be treated with fundamental equality under our laws, the passage of this bill is urgently 
recommended.
IMEE R. MARCOS
Senator


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No.
5 Ei e
if '-*V . 
A  
^ 
• 1 
■ *-
of Ii;C ;t-. I ■ Ct-slT
*19 JUL 15 A 8 53
RECEIV!fr)Cj._ 
^
Introduced by SENATOR IMEE R. MARCOS * 1 1
AN ACT REDEFINING  ADULTERY, FURTHER AM EN DING  FOR T H IS  PURPOSE 
REPUBLIC ACT NO. 3 8 15 , OTHERW ISE KNOW N AS THE REVISED PENAL
CODE, AS AMENDED
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
1 
SECTION 1. Article 333, Chapter One, Title Eleven, Book II of Republic Act No.
2 
3815, otherwise known as the Revised Penal Code, as amended, is hereby amended
3 
to read as follows:
4 
"Article 333. Who are guilty o f adultery. - Adultery is committed by any married
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[woman] PERSON who shall have sexual intercourse with a [m an] PERSON not H IS
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OR her [husband] SPOUSE and by the [m an] PERSON who has carnal knowledge of
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H IM  OR her, knowing H IM  OR her to be married, even if the marriage be
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subsequently declared void.
9 
XXX
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Sec. 2. Article 334 (Concubinage), Chapter One, Title eleven. Book II of Republic
11 
Act No. 3815, as amended, is hereby repealed.
12 
Sec. 3. The succeeding articles of the Revised Penal Code are hereby
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renumbered accordingly.
14 
Sec. 4. The first two paragraphs of Article 344 of the Revised Penal Code are
15 
hereby amended as follows:
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"Article 344. Prosecution o f the crimes o f adultery, [concubinage,] seduction,
17 
abduction, 
rape and acts o f lasciviousness. - The crime[s] 
of adultery 
[and
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concubinage] shall not be prosecuted except upon a complaint filed by the offended
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spouse.
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The offended party cannot Institute criminal prosecution without including both
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the guilty parties, if they are both alive, nor, [in any case,] if he OR SHE shall have
22 
consented or pardoned the offenders, NOR IF  HE OR SHE IS  LIKEW ISE G U ILTY OF


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1 
ADULTERY, AND NOR IF  HE OR SHE HAS ABANDONED HIS OR HER SPOUSE
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WITHOUT JUST CAUSE FOR A PERIOD OF NOT LESS THAN ONE YEAR.
3 
Sec. 5. Separability Clause. -  If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provision not affected thereby shall
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remain in force and effect.
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Sec. 6. Repealing Clause. -  Any law or parts thereof inconsistent with any
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provision of this Act shall be deemed repealed, but without prejudice to any liability
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under special laws.
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Sec. 6. Effectivity. -  This Act shall take effect after fifteen (15) days following its
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publication in at least two newspapers of general circulation.
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12 
Approved,