Republic of the Philippines fe | LR
HOUSE OF REPRESENTATIVES | os elt Oe
Batasan Hils, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House sino, 1141

Introduced by

REP. ARLENE D. BROSAS (Gabriela Women’s Party),
"ASTRO (ACT Teachers Partylist), REP. SARAH JANE I. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (I in Muna)

EXPLANATORY NOTE

Our 84-year okt Revised Penal Code (Act No. 3815) carries a provision that practically gives foense to
the taking of fe without due process of law and without a consequent penalty. This provision is Article 247
which provides for Death or Physical Injuries Under Exceptional Circumstances. Under this attick, a gally
married person who having surprised his or her spouse in the act of committing sexual intercourse with
another shall kill or seriously injure any or both of them in the act or immediately thereafter shall suffer the
penalty of destierro (banishment). Far from being a penaty, destierro is not really intended as a penaty but
fo remove the killer spouse from the vicinity and to protect him or her from acts of reprisal principally by

relatives of the deceased spouse’ 'So not onl does the law absolve the kill, it also affords him or her
protection via the imposition of destierro.

Worse, Article 247 is also made applicable to parents who shall kill or injure their minor
daughters (sons not inclided) who are fving with them and or their ‘seducers’ under the same
circumstances. A violation of the right to due process as i already is, Article 247 also clearly discriminates
against women. It reinforces double-standards of moralty appied to women and men and it unduly infinges on
women's. sexual rights.

‘As has been noted by legal experts, Article 247 does not actually define a crime since the accused
will stl have to be charged with paricide if the act resulted to death or with physical injuries if it only resutted
to physical injures. Article 247 is only utilzed as a defense which must be proven by the accused

That the lw considers the spouse or parent es acting in a ‘justified burst of passion’ had been
Cited as the justification for the existence of this Artick in the Revised Penal Code.”

But, the veiled truth is thet the article suggests that a married person's sexual intercourse with a
person not his or her spouse is considered dishonorable, in the same manner that the minor daughter's sexual
intercourse with her ‘seducer* is ako prescribed to be dishonorable, such that when they are caught in the
‘act, killing or injuring them is "justified". Sad to say, this is the Phiippine version of honor killings being
practiced in other countries but which is universally condemned by various human rights organizations. The
last paragraph of Article 247 supports this position when it states that: "Any person who shall promote or
facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the

+ Peoplevs Lauren, A.,57 0 G 7267 as cited inThe Revised Penal Code (CiminalLaw) book ofLus 8 Reyes, 13th Editon, 893, page423,
* People vs. Gonzales, 69 Phi 6


other spouse shall not be entitled to the benefits of this article." As in honor Kilings, the “justification” for
the kiling or injury under exceptional circumstances is the perceived shame or dshonor brought by the act
of intercourse outside the marriage or with minor daughters, and not the “justified burst of passion."

Infect, The Revised Penal Code ateady recognizes passion or obfuscation under Article: 13 thereof.
But it is only recognized as @ mitigating circumstance whereas in Artic 247, it is an absolutory cause. This,
all the more reinforces the observation that Article 247 provides for a Philppine version of honor killng

So while Gabriela Women's Party is aware that there is an ongoing effort to overhaul the
antiquated Revised Penal Code, Article 247 must be immediately repealed for the following reasons:

1) It violates Article 111, Section | of our Constitution which prohibits the taking of ffe without due
process of law. Article 247 allows spouses and parents to take life under exceptional
circumstances without due process. The decision to teke He is placed solely on the persons
“benefited” by the article,” ~

2) There are preposterous gender-based assumptions contained jn the article which reinforces
the double-standard applied to women and-men-in terms of their sexual behavior and morality
This is very clear in that only parents of minor daughters can claim the "benefits' of this article
The same gender-based assumptions are also present with respect to kilings committed by
spouses. Atthough both husband end wife are entited to the ‘benefits’ of the article, almost
all cases decided by the Supreme Court, with the exception of the 1934 case of Corazon
Zamora de Cortez (who admitted to the killng of her husband's peramour when she caught them
in the act of intercourse), show that the kilings under exceptional circumstances are carried out by
husbands; and

K)

The article violates international conventions and domestic laws, as follows, to cite only a few:
Convention on the Elimination of Discrimination Against Women, Convention on the Rights of
the Child, RA 7610 and RA 9710.

In sum, immediate repeal of Article 247 of the Revised Penal Code will protect and preserve Ife,
protect children and promote women's rights and gender equality

The urgent passage of ths billis earnestly sought.
loom

NE 1/BROSAS
Gdriela Women’s Party

4 J
FRANCE L. CASTRO SARAA JANET. ELAGO Se aE
ACT Teachers Partylist bataf Partylist Bayan Muna Partylist
Le ee
CARLOS ISAGANIT. ZARATE INAND R. GAITE

Bayan Muna Partylist Bayan Muna Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNo. 1141

Introduced by

REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

AN ACT REPEALING ARTICLE 247 OF THE REVISED PENAL CODE

SECTION 1. Article 247 of the Revised Penal Code is hereby repealed
SECTION 2. Effectivity. This Act shall take effect after fifteen (15) days following the completion of

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

Approved,