Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No. “OWS

Introduced by CIBAC Party-List Representatives
Eduardo ‘Bro. Eddie’ C. Villanueva and Domingo C. Rivera

AN ACT DEFINING AND PENALIZING MARITAL INFIDELITY,
AMENDING FOR THE PURPOSE ACT NO. 3815,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

EXPLANATORY NOTE

The constitution recognizes the role of marriage in the family as it is the
foundation of the nation. Marriage not only binds two individuals by the laws of their
respective religions, but also, the laws of the land as citizens, Breach of marriage laws
is treated as an illegal act in the constitution with penalty and punishment.

However, there have been arguments on how Article 333 and 334 of the
Revised Penal Code deal with marital infidelity. The current law distinguishes whether
the act of infidelity is committed by a married man or woman, thus, raising a concern
for gender bias on cases of adultery and concubinage.

In the present framework, an offended wife could only file a case of
concubinage if the male spouse is guilty of all three (3) elements. Adultery, on the
contrary, needs to satisfy only a single element to be eligible for prosecution. In
addition, disparity on the punishment also reflects a bias in favor of the male spouse.
Such unequal treatment on different genders and strict rules on female spouses
creates an impression that married women have greater vulnerability towards infidelity
as compared to married men—an assumption in contrary with the constitution's goals
towards equality and upholding the rights of women,


This bill seeks to rectify the errors of the existing legal framework on marital
infidelity

First, it abolishes the gender bias of existing provisions against sexual infidelity.
‘The same elements and penalties are prescribed for both male and female spouses.
One's sex or gender should never be an excuse or cover to desecrate the family as
an institution.

Second, the amendments introduced by this bill bring the Revised Penal Code
provisions against marital infidelity into the proper perspective. More than a property
issue, marital infidelity is an ill that reflects a lack of virtue and value which endangers
the family as a foundation of our country's moral fiber.

This same lack of virtue and value of the family, which our lax anti-infidelity
provisions promote, is actually a root cause in a lot of woes besetting the Filipino
family. One cannot expect someone who does not respect the family to consider the
welfare of his/her spouse and off-springs. An irresponsible promiscuous spouse is also
not someone who would be considerate enough not to have children, either legitimate
oF illegitimate, more than he/she can adequately support. He or she would also not be
someone who would be wary of the diseases that could be transmitted to the spouse
who has committed her/himself to him/her. The perceived laxity of the law also
encourages irresponsible sexual behavior not only in married persons but in the youth
as well

‘And just imagine the impact and implications when public officers and
employees who should be at the forefront in protecting the Filipino family themselves
contribute to its degeneration. It is for this reason that a greater penalty against public
officers committing marital infidelity is sought.

This bill hopes to help revive virtue and restoring value to the Filipino family.
This is but one among many measures that should be taken to strengthen the family
as an institution in this time of depreciating values and waning morals. Passage of this
bill is of utmost importance.

SE Ky
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS.
FIRST REGULAR SESSION

House Bill No. dog

Introduced by CIBAC Party-List Representatives
Eduardo ‘Bro. Eddie’ C. Villanueva and Domingo C. Rivera

AN ACT DEFINING AND PENALIZING MARITAL INFIDELITY,
AMENDING FOR THE PURPOSE ACT NO. 3815,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

Swowri]Haunn

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

SECTION 1. This Act shall be known as the “Anti-Marital Infidelity Act.”

1
12
13
14
15
16
17
18
19
20
2
22
23
24
25
26
27
28

SECTION 2. Article 333 of Act No. 3815, otherwise known as the Revised Penal
Code, is hereby deleted in its entirety and replaced with the following:

ARTICLE 333. MARITAL INFIDELITY. — MARITAL INFIDELITY IS
COMMITTED BY ANY MARRIED PERSON WHO SHALL HAVE
SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS NOT
HIS/HER LEGITIMATE SPOUSE, EVEN IF THE MARRIAGE BE
SUBSEQUENTLY DECLARED VOID, AND BY THE PERSON WHOM
HE/SHE HAS SEXUAL INTERCOURSE WITH, KNOWING THE
GUILTY SPOUSE TO BE MARRIED.

MARITAL INFIDELITY SHALL BE PUNISHED BY PRISION
CORRECCIONAL IN ITS MEDIUM AND MAXIMUM PERIODS.

IF THE PERSON GUILTY OF MARITAL INFIDELITY COMMITTED
THIS OFFENSE WHILE BEING ABANDONED WITHOUT
JUSTIFICATION BY THE OFFENDED SPOUSE FOR A PERIOD OF


AT LEAST THREE (3) YEARS, THE PENALTY NEXT LOWER IN
DEGREE THAN THAT PROVIDED ABOVE SHALL BE IMPOSED.

MUSLIMS AND MEMBERS OF INDIGENOUS PEOPLES
COMMUNITIES WHO ACTIVELY AND CONTINUOUSLY PRACTICE
SINCE TIME IMMEMORIAL CUSTOMS AND _ TRADITIONS
ALLOWING MULTIPLE SPOUSES SHALL BE HELD LIABLE FOR
MARITAL INFIDELITY IF THEY ENGAGE IN SEXUAL
INTERCOURSE WITH ANY PERSON OTHER THAN THE OFFICIAL
SPOUSES RECOGNIZED BY THEIR RESPECTIVE FAITHS AND
TRADITIONS.

SECTION 3. Article 334 of the Revised Penal Code is hereby deleted.

SECTION 4. Article 344 of the Revised Penal Code is hereby amended to read as
follows:

Article 344. Prosecution of the crimes of [adultery, concubinage,]
MARITAL INFIDELITY, seduction, abduction, rape and acts of
lasciviousness. - The [crimes] CRIME of MARITAL INFIDELITY MAY
BE PROSECUTED UPON A COMPLAINT FILED BY THE
OFFENDED SPOUSE. THEIR ASCENDANTS, DESCENDANTS,
AND RELATIVES BY CONSANGUINITY OR AFFINITY WITHIN
THE FOURTH CIVIL DEGREE.

The offended party cannot institute criminal prosecution without
including both the guilty parties, if they are both alive, nor, in any
case, if the [he] OFFENDED SPOUSE consented TO SUCH ACT or
pardoned the offenders IN WRITING OR IS LIKEWISE GUILTY OF
MARITAL INFIDELITY. THE CONSENT, PARDON OR INFIDELITY
OF THE OFFENDED OR COMPLAINANT-SPOUSE SHALL BAR
THE INSTITUTION OF THE ACTION BY HIS/HER ASCENDANTS,
DESCENDANTS, AND RELATIVES BY CONSANGUINITY OR
AFFINITY WITHIN THE FOURTH CIVIL DEGREE.

The offenses of seduction, abduction or acts of lasciviousness, shall
not be prosecuted except upon a complaint filed by the offended
party or her 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, 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.


Somvauswne

11
12
13

SECTION 5. Separability Clause. \f any provision of this Act is declared
unconstitutional or invalid, the other provisions not affected thereby shall continue to
be in full force and effect.

SECTION 6. Repealing Clause. All laws, decrees, rules and regulations, or parts
thereof inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 7. Effectivity. This Act shall take effect fifteen (15) days following its

complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation

Approved,