Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BILL No. 4033

Introduced by REP. HENEDINA RAZON- ABAD

EXPLANATORY NOTE

It is the declared policy of the State to recognize the role of women in nation-
building, and shall ensure the fundamental equality before the law of women and men. This
requires the State to apply the law regardless of one’s gender. However, provisions in the
Penal Code still provide for discrimination between crimes committed by a married man
and woman. Article 333 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code, provides that a married woman can be convicted of Adultery for a single act of
sexual intercourse with a man not her husband. On the other hand, a husband is liable for
Concubinage under Article 334 of the Revised Penal Code if he commits any of the
following acts as specified: (1) keeping a mistress in the conjugal dwelling; (2) having
sexual intercourse under scandalous circumstances with a woman who is not his wife; or
(3) cohabiting with her in any other place. A higher penalty is also imposed on married
women who commit infidelity as compared to married men.

Marital infidelity should remain an illegal act. However, the same should not
distinguish when the act of infidelity is committed by the married man or woman. This bill
seeks to eliminate gender bias in adultery and concubinage and impose equal punishment
for married men and women who are found unfaithful to their spouses

‘The urgency of the matter merited the issuance of Committee Report No, 1748 by
the Committee on Women and Gender Equality during the 15 Congress. Its momentum
should be sustained to achieve the noble objective sought to be achieved.

In view of the foregoing reasons, the immediate passage of this bill is urgently

HENEDI 76N- ABAD

sought.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

nouseBiLLNo._ 4033

Introduced by REP. HENEDINA RAZON- ABAD

AN ACT AMENDING ARTICLES 333, 334 AND 344, OF ACT NO, 3815, AS AMENDED,
OTHERWISE KNOWN AS THE PENAL CODE, ELIMINATING GENDER BIAS IN
ADULTERY AND CONCUBINAGE,

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

Section 1, Article 333 of Act No. 3815, as amended, otherwise known as the
Penal Code, is hereby amended to read as follows:

“Art. 333 MARITAL INFIDELITY, [Who are guilty of adultery.) -

MARITAL INFIDE!

LITY [Adultery] is committed by any married PERSON

{woman} who shall have sexual intercourse with a PERSON [man] OTHER

‘THAN HIS OR her SPOUSE [husband], and by the OTHER PERSON [man] who
has carnal knowledge of and [her], knowing SUCH PERSON [her] to be married,
even if the marriage is subsequently declared void.

MARITAL INFIDELITY [adultery] shall be punished by _prision
correccional in its MININUM [medium] and MEDIUM [maximum] periods.

If the person guilty of MARITAL INFIDELITY [adultery] committed this
offense while being abandoned without justification by the offended spouse, the

penalty next lower in degree than that provided in the next preceding paragraph

shall be imposed


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Section 2. Article 334 of the same law is hereby amended to read as follows:

“Art, 334, MAINTAINING A PARAMOUR [Concubinage] - Any MARRIED
PERSON [husband] who shall keep a PARAMOUR [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 A PARAMOUR [her] in
any other place, shall be punished by prision correccional in its minimum and
medium periods,

‘The PARAMOUR [concubine] shall suffer the penalty of destierro.

“AS USED IN THIS ARTICLE, PARAMOUR SHALL INCLUDE ANY
PERSON WHO COHABITS WITH A MARRIED PERSON OF EITHER SEX UNDER
CIRCUMSTANCES WHERE THEY ASSUME AND EXERCISE TOWARD EACH
OTHER THE RIGHTS AND PRIVILEGES WHICH PROPERLY BELONG TO
PERSONS MARRIED TO EACH OTHER.”

Section 3. Article 344, paragraph 1, of the same law is hereby amended to read

as follows:

“Art. 344, Prosecution of the Crimes of MARITAL INFIDELITY,
MAINTAINING A PARAMOUR [Adultery, Concubinage], Seduction, Rape, and
Acts of Lasciviousness. - The crime(s] of MARITAL INFIDELITY AND
MAINTAINING A PARAMOUR [adultery and concubinage] 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 OR
SHE shall have consented or pardoned the offenders. IF HE OR SHE IS

LIKEWISE GUILTY OF MARITAL INFIDELITY OR MAINTAINING A


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PARAMOUR, NOR IF HE OR SHE SHALL HAVE ABANDONED THE GUILTY

SPOUSE, WITHOUT JUST CAUSE FOR MORE THAN ONE (1) YEAR.

‘The offenses of seduction, abduction, rape 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, acts of lasciviousness and rape, 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 crim

Section 4. Separability Clause - If any provision of this Act is declared invalid,
the remainder or any of this provision hereof not affected thereby shall remain in force
and effect.

Section 5. Repealing Clause - Any law, decree, executive orders, presidential
issuance and other administrative rule and regulation or parts thereof which are
inconsistent with the provisions of this Act is hereby repealed, amended or modified

accordingly.
Section 5. Effectivity - This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation.

Approved,