I 
THIRTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
S E N A T  
s. No. 47 
Introduced by Senator S. R. Osmeiia Ill 
EXPLANATORY NOTE 
Article II Section 14 of the Constitution declares: 
“The State recognizes the role of women in nation-building and shall ensure 
the fundamental equality before the law of women and men.” 
E. 0. 209, otherwise known as the Family Code replaced “adultery” on 
the part of the wife and lcconcubinage” on the part of the husband with “sexual 
infidelity on the part of either spouses” as a ground for legal separation. 
Yet the Revised Penal Code (Act 3815 as amended) 
retains both 
“adultery” (Art. 333) and “concubinage” (Art. 334) as felonies. This perpetuates 
the inequality between the wife and the husband, when adultery as a single act of 
infidelity 
is a violation of the laws relating to marriage only when it is 
committed by a woman. A marital indiscretion on the part of the husband is not 
considered as a felony unless it is attended by circumstances enumerated in 
Article 334. 
This bill corrects the discriminatory treatment by replacing “adultery” with 
the crime of “sexual infidelity” which makes it criminal for either husband or wife 
to have sexual intercourse with any person other than hidher legal spouse. The 
crime of concubinage 
is proposed to be replaced with “maintenance of a 
paramour,’’ which may be committed by either husband or wife. 
The bill also proposes additional grounds for extinguishing criminal liability 
with respect to ‘kexual infidelity” and “maintenance of a paramour” such as 
recrimination, when the offended party is himself/herself guilty of sexual infidelity 
or maintenance of a paramour; or when the offended party has abandoned 
hidher spouse without justifiable cause for a period of more than one year. 
In view of the foregoing, early passage of this bill is earnestly requested. 
SERGIO OSMENA I l l  
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLI 
First Regular Session 
OF THE PHILIPPINES 
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S E N A T  
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Introduced by Senator S. R. Osmefia Ill 
AN ACT 
ACCORDING EQUAL RIGHTS TO WIVES AND HUSBANDS IN THE 
PHILIPPINES BY AMENDING ARTICLES 333, 334 AND 344 OF ACT 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE 
NUMBERED THREE THOUSAND EIGHT-HUNDRED AND FIFTEEN, AS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Article 333 of the Revised Penal Code is hereby amended 
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to read as follows: 
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“ART. 333. Who are guilty of SEXUAL lNFlDELlTY [adultery]. - 
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[Adultery] SEXUAL INFIDELITY is committed by any married [woman] 
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PERSON who shall have sexual intercourse with another PERSON not 
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HIS OR her [husband] SPOUSE and by the [man] PERSON who has 
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carnal knowledge [of] WITH HIM OR her, knowing HIM or her to be 
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married, even if the marriage be subsequently declared void. 
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SEXUAL INFIDELITY [Adultery] shall be punished by prision 
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correccional in its MINIMUM AND medium [and maximum] periods.” 
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[If any person found guilty of adultery committed this offense while 
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being abandoned without justification by the offended spouse, the penalty 
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next lower in degree than that provided in the next preceding paragraph 
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shall be imposed]. 
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SEC. 2. Article 334 of the Revised Penal Code is hereby amended to read 
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as follows: 
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“ART. 334 [Concubinage] MAINTAINING A PARAMOUR. - Any 
[husband] MARRIED PERSON who shall keep a [mistress] PARAMOUR 
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in the conjugal dwelling or [shall have sexual intercourse, under 
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scandalous circumstances with a woman who is not his wife, or] shall 
cohabit with [her] A PARAMOUR in any other place, shall be punished by 
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prision correccional in its minimum and medium periods. 
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“The [concubine] PARAMOUR shall suffer the penalty of destierro. 
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“AS USED IN THIS ARTICLE, “PARAMOUR” SHALL INCLUDE 
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ANY PERSON WHO COHABITS WITH A MARRIED PERSON OF 
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EITHER SEX UNDER CIRCUMSTANCES WHERE THEY ASSUME AND 
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EXERCISE TOWARD EACH OTHER THE RIGHTS AND PRIVILEGES 
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WHICH PROPERLY BELONG TO PERSONS MARRIED TO EACH 
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OTHER.” 
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SEC. 3. The first two paragraphs of Article 344 of the Revised Penal Code 
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“ART. 344. Prosecution of the crimes of [adultery] SEXUAL 
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INFIDELITY, [Concubinage] MAINTAINING A PARAMOUR, abduction , 
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[rape] and acts of lasciviousness. - The crime of SECUAL INFIDELITY 
are hereby amended to read as follows: 
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[Concubinage] shall not be prosecuted except upon a complaint filed by 
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the offended spouse. 
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“The offended party cannot institute criminal prosecution without 
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including both the guilty parties, if they are both alive, nor, in any case, if 
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he or SHE shall have consented or pardoned the offenders [.I, NOR, IN 
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ANY CASE FI HE OR SHE IS LIKEWISE GUILTY OF SEXUAL 
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INFIDELITY OR MAINTAINING A PARAMOUR, NOR, IN ANY CASE, IF 
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HE OR SHE SHALL HAVE ABANDONED THE GUILTY SPOUSE 
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WITHOUT A JUST CAUSE FOR MORE THAN ONE YEAR.” 
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“The offenses of seduction, abduction, AND acts of lasciviousness, 
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[and rape,] the marriage of the offender with the offended party or her 
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parents, grandparents, or guardian, nor, in any case, if the offender has 
been expressly pardoned by the above-named persons, as the case may 
be. 
“In cases of seduction, abduction, AND acts of lasciviousness, [and 
rape,] the marriage of the offender with the offended party shall extinguish 
the criminal action or remit the penalty already imposed upon him. The 
provisions of this paragraph shall also be applicable to the co-principals, 
accomplices, and accessories after the fact of the above-mentioned 
crimes. ” 
SEC. 4. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in two (2) leading newspapers of national circulation. 
Approved, 
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