Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo._0290

_Introduced by HON. MERCEDES K. ALVAREZ

EXPLANATORY NOTE

The bill seeks to amend certain provisions under of the Revised Penal Code to ensure the
fundamental equality before the law of women and men. This bill requires the State to apply the
law regardless of one's gender under Article Tl, Section 14 as mandated by the State of our
Constitution,

Under the Revised Penal Code, Article 333, adultery may only be committed by a
married woman and by the man who shall have sexual intercourse with her. On the other hand,
under the same law, Article 334, concubinage may be committed by a husband only under certain
conditions which are difficult to prove. These provisions have allowed other married persons
not falling within the coverage to perpetuate marital infidelity but remaining unscathed from
the application of the law. This bill seeks to eliminate this gender bias.

‘The immediate passage of this bill is eamestly requested.

iy.
hit On
MERCEDES K. ALVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. _5290
Introduced by HON. MERCEDES K. ALVAREZ.

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 I OF
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE.

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

SECTION 1. The provision of Articles 333 and 334 of Act No. 3815 are hereby repealed and, in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 guilty 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 camal knowledge
of her, knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods. If
the person guilty of adultery committed this offense while being abandoned with justification
by the offended spouse, the penalty next lower to 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 circimstances, with a woman who is not his
wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its
minimum and medium periods.

The concubine shall suffer the penalty of destierro.]


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 INFEDELITY SHALL BE PUNISHED BY PRISION
CORRECCIONAL.

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 THE OFFENDER WHO SHALL COHABIT WITH A PARAMOUR IN ANY
OTHER PLACE.

THE PENALTY OF PRISION CORRECCIONAL IN ITS MINIMUM PERIOD SHALL BE
IMPOSED IF THE OFFENSE WAS COMMITTED UNDER ANY OF THE FOLLOWING
CIRCUMSTANCES:

A. WHEN THE ACCUSED SPOUSE HAD BEEN ABANDONED WITHOUT JUST
CAUSE FOR MORE THAN ONE YEAR; AND

B. WHEN THE ACCUSED SPOUSE HAD BEEN SUBJECTED TO REPEATED
PHYSICAL VIOLENCE OR GROSSLY ABUSIVE CONDUCT BY THE OFFENDED SPOUSE.

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

“ART. 334, Prosecution of the crimes of [adultery, concubinage,] SEXUAL INFIDELITY,
seduction, abduction, rape and acts of lasciviousness — The crime{s} of [adultery and concubinage]
SEXUAL INFEDILITY shall not be prosecuted except upon complaint filed by the offended
spouse.

The offended party cannot institute criminal prosecution without including both the guilty
parties [,] if they are both alive, not in any case, if [he] THE OFFENDED PARTY IS LIKEWISE
GUILTY OF SEQUAL INFIDELITY, OR HAD ABONDONED THE GUILTY SPOUSE
WITHOUT JUST CAUSE FOR MORE THAN ONE YEAR OR {shall have] HAD CONDONED,
consented or pardoned the offenders.

XXX Xxx, 2x!

“ART. 345. Civil liability of persons sutly of crimes against chastity. - Person guilty of rape,
seduction or abduction shall also be sentenced:

1. To indemnify the offended woman;


2. To acknowldge the offspring, unless the law should prevent him from so
doing.
3. Inevery case to support the offspring
[The adulterer and the concubine] PERSONS GUILTY OF SEXUAL INFIDELITY in the
case provided for in article{s] and 333 [and 334] may also be sentenced, in the same proceeding or
ina separate civil proceeding, to indemnify for damages caused to the offended spouse .”

SEC. 3. If any provision or part of this Act is held invalid or unconstitutional the
remaining parts or provisioin not affected shall remain in full force and effect.

SEC. 4, All laws, decrees, orders, rules and regulations and other issuances or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 5. This Act shall take effect within fifteen (15) days after its publication in at least two
(2) newspapers of general circulation.

Approved,