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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No. _________ 
Introduced by CIBAC Party-List Representative 
EDUARDO “BRO. EDDIE” C. VILLANUEVA 
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 will be prescribed for both male and female 
spouses. One’s sex 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. 
August 28, 2025
1:47 pm
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This same lack of virtue and value of the family, which is promoted by the lax 
anti-infidelity provisions in our laws, is actually a root cause of woes besetting the 
Filipino family. Our existing legal framework makes room, in a way, for male spouses 
to disrespect the family and deny paramount consideration for the welfare of his 
spouse and children. It also opens opportunities for male spouses to have illegitimate 
children and also to be unmindful of the diseases that could be transmitted to him or 
to the person he has committed marital infidelity with.  
This bill seeks to deter the practice of marital infidelity. It aims to revive virtue 
and restore 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. 
EDUARDO “BRO. EDDIE” C. VILLANUEVA 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by CIBAC Party-List Representative 
EDUARDO “BRO. EDDIE” C. VILLANUEVA 
AN ACT 
DEFINING AND PENALIZING MARITAL INFIDELITY, AMENDING FOR THE 
PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title - This Act shall be known as the “Anti-Marital 
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Infidelity Act.” 
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SEC. 2. Article 333 of Act No. 3815, otherwise known as the Revised Penal 
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Code, is hereby deleted in its entirety and replaced with the following: 
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“ARTICLE 333. MARITAL INFIDELITY. – MARITAL INFIDELITY IS 
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COMMITTED BY ANY MARRIED PERSON WHO SHALL HAVE 
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SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS NOT 
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HIS/HER LEGITIMATE SPOUSE, EVEN IF THE MARRIAGE BE 
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SUBSEQUENTLY DECLARED VOID, AND BY THE PERSON WHOM 
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HE/SHE HAS SEXUAL INTERCOURSE WITH, KNOWING OR 
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HAVING REASONABLE GROUNDS TO BELIEVE THAT THE 
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GUILTY SPOUSE IS MARRIED. 
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MARITAL INFIDELITY SHALL BE PUNISHED BY PRISION 
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CORRECCIONAL IN ITS MEDIUM AND MAXIMUM PERIODS. 
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IF THE PERSON GUILTY OF MARITAL INFIDELITY COMMITTED 
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THIS 
OFFENSE 
WHILE 
BEING 
ABANDONED 
WITHOUT 
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JUSTIFICATION BY THE OFFENDED SPOUSE, THE PENALTY 
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NEXT LOWER IN DEGREE THAN THAT PROVIDED ABOVE SHALL 
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BE IMPOSED. 
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MUSLIMS 
AND MEMBERS OF 
INDIGENOUS 
PEOPLES 
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COMMUNITIES WHO ACTIVELY AND CONTINUOUSLY PRACTICE 
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SINCE TIME IMMEMORIAL 
CUSTOMS 
AND 
TRADITIONS 
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ALLOWING MULTIPLE SPOUSES SHALL BE HELD LIABLE FOR 
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MARITAL 
INFIDELITY 
IF 
THEY 
ENGAGE 
IN 
SEXUAL 
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INTERCOURSE WITH ANY PERSON OTHER THAN THE OFFICIAL 
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SPOUSES RECOGNIZED BY 
THEIR RESPECTIVE FAITHS AND 
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TRADITIONS.” 
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SEC. 3. Article 334 of the Revised Penal Code is hereby deleted. 
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SEC. 4. Article 344 of the Revised Penal Code is hereby amended to read as 
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follows: 
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Article 344. Prosecution of the crimes of [adultery, concubinage,] 
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MARITAL INFIDELITY, seduction, abduction, rape and acts of 
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lasciviousness. - The [crimes of adultery and concubinage] CRIME of 
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MARITAL INFIDELITY shall not be prosecuted except upon a 
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complaint filed by the offended spouse. 
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The offended party [cannot] CAN institute criminal prosecution [without 
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including] AGAINST THE OFFENDING SPOUSE ALONE, OR 
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AGAINST both the guilty parties [, if they are both alive, nor, in any 
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case, if he shall have consented or pardoned the offenders]: 
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PROVIDED, THAT THE OFFENDED SPOUSE DID NOT CONSENT 
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TO SUCH ACT OR PARDON THE OFFENDERS IN WRITING, 
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PROVIDED, FURTHER, THAT THE OFFENDED SPOUSE IS NOT 
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GUILTY OF MARITAL INFIDELITY, PROVIDED, FINALLY, THAT 
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NOTHING HEREIN SHALL PREVENT THE OFFENDED SPOUSE, 
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THE PARENTS AND PARENTS-IN-LAW OF THE OFFENDED 
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SPOUSE, OR THE CHILDREN OF THE OFFENDED AND GUILTY 
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SPOUSES FROM FILING THE APPROPRIATYE CIVIL ACTION 
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UNDER THE CIVIL CODE. 
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The offenses of seduction, abduction or acts of lasciviousness, shall 
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not be prosecuted except upon a complaint filed by the offended party 
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or her parents, grandparents, or guardian, nor, in any case, if the 
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offender has been expressly pardoned by the above named persons, 
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as the case may be. 
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In cases of seduction, abduction and acts of lasciviousness, the 
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marriage of the offender with the offended party shall extinguish the 
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criminal action or remit the penalty already imposed upon him. The 
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provisions of this paragraph shall also be applicable to the co-
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principals, accomplices and accessories after the fact of the above-
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mentioned crimes. 
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SEC. 5. Separability Clause. If any provision of this Act is declared 
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unconstitutional or invalid, the other provisions not affected thereby shall continue to 
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be in full force and effect. 
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SECTION 6. Repealing Clause. All laws, decrees, rules and regulations, or 
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parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
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SECTION 7. Effectivity. This Act shall take effect fifteen (15) days following its 
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complete publication in the Official Gazette or in at least two (2) newspapers of general 
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circulation. 
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Approved,   
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