Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No, 1168

Introduced by Honorable JOSEPHINE “Jaye” VERONIQUE R. LACSON - NOEL

EXPLANATORY NOTE

The Constitution, Article 11, Section 14 mandates the State to ensure the
fundamental equality before the law of women and men. This requires the State to apply

the law regardless of one’s gender.

Under the Penal Code, Article 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, Article 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.

Thus, immediate passage of this bill is earnestly sought.

JOSEPHINE VERONIQUE LACSON - NOEL


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS,
First Regular Session

House Bill No, 1168

Introduced by Honorable JOSEPHINE “Jaye” VERONIQUE R. LACSON - NOEL

AN ACT
DEFINING THE CRIME OF SEXUAL INFIDELITY AND PROVIDING
PENALTIES THEREFOR, AMENDING FOR THE PURPOSE ARTICLE.
(ADULTERY), ARTICLE 334 (CONCUBINAGE) AND ARTICLES 344 AND 345
OF TITLE ELEVEN, BOOK II OF ACT NO, 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and the House of representatives of the Philippines in

Congress assembled:

SECTION 1. The provision of Articles 333 and 334 of Act No. 3815 are hereby
repealed and, in licu thereof. Articles 333 and 334 should now read as follows:
“Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
[ADULTERY AND CONCUBINAGE]
SEXUAL INFIDELITY

ART, 333. Who are guilty of adultery. — Adultery is committed by
any married woman who shall have sexual intercourse with a man not her
husband and by the man who has carnal knowledge of her, knowing her to
be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium
and maximum periods

If the person guilty of adultery committed this offense while being
abandoned with justification by the offended spouse, the penalty next
lower in degree than that provided in the next preceding paragraph shall be
imposed,

ART. 334, Concubinage. — Any husband who shall keep a mistress
in the conjugal dwelling or shall have sexual intercourse under scandalous

circumstances with a woman who is not his wife, or shall cohabit with her


in any other place, shall be punished by prision correccional in its
minimum and medium periods.

The Concubine shall suffer the penalty of destierro.]

ART. 333, SEXUAL INFIDELITY. - SEXUAL INFIDELITY IS
COMMITTED BY ANY LEGALLY MARRIED PERSON WHO
SHALL HAVE SEXUAL INTERCOURSE WITH ANOTHER PERSON
OTHER THAN THE MARRIED PERSON’S SPOUSE AND BY THE
PERSON WHO HAS CARNAL KNOWLEDGE WITH THE MARRIED
PERSON, KNOWING THAT PERSON TO BE LEGALLY MARRIED,
EVEN IF THE MARRIAGE BE SUBSEQUENTLY DECLARED VOID.

ART. 334. PENALTY. - SEXUAL INFIDELITY SHALL BE
PUNISHED BY PRISION CORRECCIONAL.
THE PENALTY OF PRISION CORRECCIONAL IN ITS
MAXIMUM PERIOD SHALL BE IMPOSED UPON AN OFFENDER
WHO SHALL KEEP A PARAMOUR IN THE CONJUGAL
DWELLING.
THE PENALTY OF PRISION CORRECCIONAL IN ITS
MEDIUM PERIOD SHALL BE IMPOSED UPON AN OFFENDER
WHO SHALL COHABIT WITH A PARAMOUR IN ANY OTHER
PLACE,
THE PENALTY OF PRISION CORRECCIONAL IN ITS
MINIMUM PERIOD SHALL BE IMPOSED IF THE OFFENSE WAS
COMMITTED UNDER ANY OF THE FOLLOWING
CIRCUMSTANCES:
A. WHEN THE ACCUSED SPOUSE HAS BEEN
ABANDONED WITHOUT JUST CAUSE FOR MORE
THAN ONE YEAR; AND

B, WHEN THE ACCUSED SPOUSE HAD BEEN SUBJECTED
TO REPEATED PHYSICAL VIOLENCE OR GROSSLY
ABUSIVE CONDUCT BY THE OFFENDED SPOUSE.

SECTION 2. Articles 344 and 345 of the Revised Penal Code are, likewise,
amended to read as follows:
“ART. 344. Prosecution of the crimes of (Adultery, Concubinage|
SEXUAL INFIDELITY, seduction, abduction, rape and acts of
lasciviousness. ~The crime[s} of [adultery and concubinage] SEXUAL


INFIDELITY shall not be prosecuted except upon complaint filed by the
offended spouse.

The offended party cannot institute criminal prosecution without
including both the guilty parties[,] if they are both alive, nor in any case, if
{he] THE OFFENDED PARTY IS LIKEWISE GUILTY OF
SEQUAL INFIDELITY, OR HAD ABANDONED THE GUILTY
SPOUSE WITHOUT JUST CAUSE FOR MORE THAN ONE YEAR
OR [shall have] HAD CONDONED, consented or pardoned the
offenders.”

ART. 345, Civil liability of persons guilty of crimes against
chastity. ~ Persons guilty of rape, seduction or abduction shall also be
sentenced:

1. To indemnify the offended woman;

2. To acknowledge the offspring, unless the law should prevent

him from so doing:

3. In every case to support the offspring.
[The adulterer and the concubine] PERSONS GUILTY OF SEXUAL
INFIDELITY in the case provided for in article(s] 333 [and 334] may also
be sentenced, in the same proceeding or in a separate civil proceeding to

indemnify for damages caused to the offended spouse.”

SECTION 3. If any provision or part of this Act is held invalid or

unconstitutional, the remaining parts or provisions not affected shall remain in full force

and effect.

SECTION 4. All laws, decrees, orders, rules and regulations and other issuances

or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 5. This Act shall take effect within fifteen (15) days aft

publication in at least two (2) newspapers of general publication

Approved,