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vtazatcaterannne (2 peceien
Quezon City
NINETEENTH CONGRESS
First Regular Session

nobsi BILL No,_7536_

Introduced by 4Ps Partylist Representative
JCM. ABALOS

EXPLANATORY NOTE

Under the Bill of Rights of the Philippine Constitution, any person shall
be accorded equal protection under the laws. This ensures that regardless of
the gender of its citizens, the State shall enforce the law and provide them with
due process equally.

The laws that provide for penal provisions in the implementation of
our laws are contained in the Revised Penal Code (RPC), which was first
enacted in 1930 and continues to be in effect to date. Although it had undergone
numerous amendments, in the matter of penalties for crimes against chastity,
RPC leans heavily against women or wives who commit adultery in contrast to
the acts committed by men or husbands who commit concubinage.
Undoubtedly, this goes against the fundamental principle of equality provided
in the Constitution.

Hence, recognizing that the application of the laws should be the same
for women and men who commit similar acts, this bill proposes amendments
to Article 333 of the Revised Penal Code. The bill seeks to eliminate gender bias
by substituting the term marital infidelity in place of adultery and concubinage
or those acts interpreted as sexual infidelity. It also aims to repeal Article 334
to do away with concubinage or the distinction in the treatment of a husband’s
sexual infidelity.

In view of the foregoing, approval of this bill is earnestly sought.

M. ABALOS
Representative
4Ps Partylist


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS

First Regular Session

nose BILL No, 7536

Introduced by 4Ps Representative™
JCM. ABALOS

AN ACT
ELIMINATING GENDER BIAS IN ADULTERY AND CONCUBINAGE,
FURTHER AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 3815,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED

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

SECTION 1. Article 333, Chapter One, Title Eleven, Book II of Republic
Act No. 3815, otherwise known as the Revised Penal Code, as amended, is
hereby amended to read as follows:

“ARTICLE 333. MARITAL INFIDELITY [Who are Guilty of
Adultery]. — MARITAL INFIDELITY [Adultery] is committed by any
married PERSON [woman] who shall have sexual RELATIONS
[intercourse] with a PERSON [man not] OTHER THAN HIS OR her
SPOUSE [husband] and by the PERSON [man] who has carnal knowledge
of HIM OR her, knowing HIM OR her to be married, even if the marriage
be subsequently declared void.

MARITAL INFIDELITY [Adultery] shall be punished by prisién
correccional in its MINIMUM [medium] and MEDIUM [maximum]
periods.

ANY PERSON ACCUSED OF MARITAL INFIDELITY SHALL BE
EXEMPT FROM CRIMINAL LIABILITY IF THE OFFENSE WAS
COMMITTED AFTER THE ISSUANCE OF A FINAL DECREE OF
LEGAL SEPARATION BY A COMPETENT COURT. HOWEVER, IF THE
OFFENSE WAS COMMITTED AFTER THE ACCUSED SPOUSE HAD

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BEEN JUSTIFIABLY ABANDONED [If the person guilty of adultery
committed this offense while being abandoned without justification] OR
SUBJECTED TO PHYSICAL VIOLENCE OR ABUSIVE CONDUCT by
the offended spouse, the penalty next lower in degree than that provided
in the [next] preceding paragraph shall be imposed|.], AND THE SAME
PENALTY SHALL BE IMPOSED ON THE CO-ACCUSED IN THE
MARITAL INFIDELITY CASE.”

SEC. 2. Article 334, Chapter One, Title Eleven, Book II of Republic Act No.
3815, otherwise known as the Revised Penal Code, as amended, is hereby
repealed.

SEC. 3. The succeeding articles of the Revised Penal Code are hereby
renumbered accordingly.

SEC. 4. Article 344, Chapter Five, Title Eleven, Book II of Republic Act
No. 3815, otherwise known as the Revised Penal Code, as amended, is hereby
amended:

“ARTICLE 344. Prosecution of the Crimes of MARITAL
INFIDELITY [Adultery, Concubinage], Seduction, Abduction, Rape and
Acts of Lasciviousness. — The crime[s] of MARITAL INFIDELITY
[adultery and concubinage] shall not be prosecuted except upon a
complaint filed by the offended spouse.”

XXX

SEC. 5. Repealing Clause. - All laws, decrees, orders, and issuances, or
portions thereof, which are inconsistent with the provision of this Act, are
hereby repealed, amended, or modified accordingly.

SEC. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,