FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
7 ']CY I6 !'5 .! 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Act. No, 3815, otherwise known as the Penal Code, Art. 351 states that: 
Any widow who shall marry within three hundred and one days from the 
date of the death of her husband, or before having delivered if she shall have 
been pregnant at the time of his death, shall be punished by arrest0 mayor and a 
fine not exceeding 500 pesos. 
The same penalties shall be imposed upon any woman whose marriages 
shall have been annulled or dissolved, if she shall marry before their delivery or 
before the expiration of the period of three hundred and one days after the legal 
separation. (Emphasis supplied) 
The above provision of law is intended to prevent confusion in connection with filiation 
and paternity. However, the anachronistic provision smacks of pronounced discrimination 
against women. Besides, it must be distinctly observed that present advances in medical 
technology allow the detection of pregnancy even almost at its inception. In recognition of this 
medical phenomenon, Article 168 of Executive Order No. 209, as amended, merely provides: 
"If the marriage is terminated and the mother contracted another marriage 
within three hundred dam after such termination of the former marriage, these 
rules shall govern in the absence of proof to the contrary: 
(1) A child born before one hundred eighty davs after the solemnization of 
the subseauent marriage is considered to have been conceived during the former 
marriage. provided it be born within three hundred davs after the termination of 
the former marriage; 
(2) A child is born after one hundred eighty davs following the celebration 
of the subsequent marriage is considered to have been conceived during such 
marriage. even though it be born within three hundred davs after the termination 
of the former marriage." (Emphasis supplied) 
While Article 351 might not have resulted to any conviction, its constant threat of 
application hangs like a "Damocles sword" over the head of women. This Bill seeks to remove 
the discrimination against women from our penal statute books by repealing the three hundred 
and one (301) days penal prohibition to remarry. 


This bill is a product of the public hearings conducted by the Committee on 
Constitutional Amendments, Revision of Codes and Laws during the Tenth Congress.* 
* This bill was re-filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
1 
OF THE PHILIPPINES 
1 
7 
IUCT 16 r'5w 
S. No. sENiY4 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REPEALING ART. 351 OF ACT NO. 3815, OTHERWISE KNOWN AS THE PENAL CODE, 
ON PREMATURE? MARRIAGES IN ORDER TO CORRECT ITS INHERENT 
DISCRIMINATION AGAINST WOMEN 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Art. 351 of Act No. 3815, otherwise known as the Penal Code, on 
Premature Marriages is hereby repealed without prejudice to the presumptions provided for in 
Title VI of the Family Code on Paternity and Filiation. 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved,