THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
First Regular Session- .- - 
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'04 JUL 27 P4 :5 
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Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
The Constitution, Article 11, Section 14, mandates the State to ens 
fundamental equality before the law of women and men.' This requires the State 
the law regardless of one's gender. 
Under the Penal Code, Art. 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, Art. 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 in adultery and concubinage. 
This bill is a consolidation of related bills submitted in the Tenth Congress before 
the Committee on Constitutional Amendments, Revision of Codes and Laws, which the 
undersigned chaired. 
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DEFE SORSA 
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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
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First Regular Session 
) 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
AMENDING ARTICLES 333 AND 344, AND REPEALING ARTICLE 334, OF THE 
CONCUBINAGE 
PENAL CODE, ELIMINATING GENDER BIAS t~ ADULTERY AND 
Be it enacted by the Senate and the House of Representatives of ;he Philippines in 
Congress assembled: 
SECTION 1. Article 333 of the Penal Code is hereby amended to read as 
follows: 
“Art. 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] OTHER THAN HIS OR her SPOUSE [husband], and 
by the SEXUAL PARTNER [man] of the MARRIED PERSON knowing 
the LATTER [her] to be married, even if the marriage be subsequently 
declared void. 
“MARITAL INFIDELITY [adultery] shall be punished by prision 
correccional in its MINIMUM [medium] and MEDIUM [maximum] 
periods.” 
“ANY PERSON ACCUSED OF MARITAL INFIDELITY 
SIFALL BE %EMPT 
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 BEEN JUSTIFIABLY ABANDONED [(If 


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the person guilty of adultery committed this offense while): abandoned 
without justification] OR SUBJECTED TO REPEATED PHYSICAL 
VIOLENCE OR GROSSLY 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.” 
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SECTION 2. Article 344, paragraph 1, of the Penal Code is hereby amended to 
read as follows: 
“Art. 344. Prosecution of the crimes of MARITAL INFIDELITY 
[adultery, concubinage], seduction, rape, and acts of lasciviousness.- “The 
crime[s] of MARITAL INFIDELITY [adultery and concubinage] shall 
prosecuted except upon a complaint filed by the offended spouse. xxx” 
SECTION 3. Separability Clause. - If any provision, or part hereof, is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, rule or regulation contrary to or inconsistent with, 
the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
it publication in at least two (2) newspapers of general circulation. 
Fn: 777 
Approved. 
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