FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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Firsf Regular Session 
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Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
It is the policy of the State to ensure the fundamental equality before the law of 
women and men. While significant changes in legislation have been made since the 
declaration of this State policy under the Constitution, the crimes of adultery and 
concubinage in the Revised Penal Code, which manifestly show unequal treatment of 
husband and wife, still remain. 
The unequal treatment of husband and wife in the crimes of adultery and 
concubinage is plain and obvious. One sexual intercourse by a wife with a man not her 
husband is already adultery, while concubinage is committed by a husband, only when he 
keeps a mistress in the conjugal dwelling, has sexual intercourse under scandalous 
circumstances with a woman not his wife, or cohabits with a concubine in any other place. 
Thus, if the husband's sexual relations with a woman not his wife does not fall in any oRe of 
these circumstances, he is not criminally liable, unlike the wife where all it takes for her to 
be criminally liable is one sexual intercourse with a man not her husband. 
This bill proposes to punish marital infidelity or sexual intercourse by a husband or 
wife with another person not his or her spouse, amending the crimes of adultery and 
concubinage under the Revised Penal Code, to eliminate the double standard between 
husband and wife and promote the fundamental equality before the law of women and men. 
ICHARD J. GORDON 
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Senator4 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
S.No. 1362 
Introduced by Senator Richard J. Gordon 
AN ACT CHANGING THE CRIME OF CONCUBINAGE INTO MARITAL INFIDELITY, 
AMENDING ARTICLE 333 AND ARTICLE 334 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE, FOR THIS PURPOSE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled 
SECTION 1. Article 333 of Act No. 3815, as amended, otherwise known as the 
Sec. 2. Article 333 of Act No. 3815, as amended, otherwise known as the Revised 
Art. 334. [Concubinage] MARITAL /MF/DEL/W. - Any husband OR 
WIFE who shall have keep a mistress OR PARAMOUR in the conjugal 
dwelling, or shall have sexual intercourse, under scandalous circumstances, 
with a woman OR MAN who is not his OR HER wife OR HUSBAND, or shall 
cohabit with her OR HIM in any other place, shall be punished by prision 
correccional in its minimum and maximum periods. 
IF THE PERSON GUILTY OF MARITAL INFIDELITY COMMITTED 
THIS OFFENSE WHILE BEING ABANDONED WITHOUT JUSTIFICATION 
BY THE OFFENDED SPOUSE, THE PENALTY NEXT LOWER IN DEGREE 
THAN THAT PROVIDED IN THE NEXT PRECEDING PARAGRAPH SHALL 
BE IMPOSED. 
Sec. 3. Repealing Clause. - Act No. 3815, as amended and all laws, decrees, 
orders, rules and regulations or other issuances or parts thereof inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
Sec. 4. Separabilify Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions of this Act or any provisions not 
affected thereby shall remain in force and effect. 
Revised Penal Code, is hereby deleted, 
Penal Code, is hereby amended to read as follows: 


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circulation in the Philippines. 
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Approved, 
Sec. 5. €ffecfivity. - This Act shall take effect after fifteen (15) days following the 
completion of its publication either in the Official Gazette or in a newspaper of general