NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
sSnE«"^5S
Introduced by Senator Grace Poe
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*22 JUL 13 P4 38
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AN ACT
REPEALING ARTICLE 247 OF THE REVISED PENAL CODE
EXPLANATORY NOTE
Section 11, Article II of the 1987 Constitution provides that "the State values 
the dignity of every human person and guarantees full respect for human rights." 
Section 1, Article III of the same prohibits the taking of life without due process of 
law.
Further, Section 12 of the Magna Carta of Women (Republic Act No. 9710) 
provides for the amendment or repeal of laws that are discriminatory to women. 
Section 2 of the "Special Protection of Children Against Abuse, Exploitation and 
Discrimination Act" (Republic Act No. 7610) mandates that the best interests of 
children shall be the paramount consideration in all actions undertaken by legislative 
bodies concerning them.
Our international commitments under the Convention on the Elimination of All 
Forms of Discrimination Against Women (CEDAW) and Convention of the Rights of 
the Child similarly require the repeal of discriminatory laws against women and 
children, respectively.
This bill thus seeks the repeal of the following provision on honor killing for 
being patently unconstitutional and In violation of our international commitments:


"Art. 247. Deach or physical injuries inflicted under 
exceptional circumstances. — Any legally married person who 
having surprised his spouse in the act of committing sexual 
Intercourse with another person, shall kill any of them or both 
of them In the act or immediately thereafter, or shall Inflict 
upon them any serious physical injur/, shall suffer the penalty 
of destlerro.
If he shall inflict upon them physical injuries of any other 
kind, he shall be exempt from punishment.
These rules shall be applicable, under the same 
circumstances, to parents with respect to their daughters under 
eighteen years of age, and their seducer, while the daughters 
are living with their parents.
Any person who shall promote or facilitate the prostitution of 
his wife or daughter, or shall otherwise have consented to the 
infidelity of the other spouse shall not be entitled to the 
benefits of this article."
The unfair gender-based presumptions In above provision clearly legitimizes 
honor killings which are no longer morally accepted in this age. Far from defining a 
felony, this obsolete provision grants two privileges - first, exemption from 
punishment to a legally married person or parent who shall kill or seriously injure his 
spouse or minor daughter in the act of committing sexual intercourse with another; 
and second, protection of the accused from acts of reprisal or retaliation from the 
victim's family members, via the imposition of destierro nr banishment.
Moreover, the last paragraph of the provision refers only to daughters and not 
sons, which suggests that our society allows men to have the liberty to partake in 
any sexual conduct without consequence while v/vomen who do not maintain certain


moral standards may be killed. The effect is the perpetuation of unfair double 
standards prejudicial to women, as well as the antiquated notion that daughters are 
merely property of their parents.
While penal code reforms are only one way to tackle gender-based violence, 
this bill also advances a more progressive way of looking at family life. It is time to 
stop treating marital and familial ties as licenses to kill or Injure. Sexual infidelity and 
seduction are more justly treated in other articles of the Revised Penal Code and the 
Family Code. Thus, no reason exists to retain this provision in our statute books.
^ jf GRACE TOE
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NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SEN 
S. No.
•22 JUL 13 P4 38
RECEIVED BY;
Introduced by Senator Grace Poe
AN ACT
REPEALING ARTICLE 247 OF THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Article 247 of the Revised Penal Code is hereby repealed.
2 
Sec. 2. Effectivity. - This Act shall take effect after fifteen (15) days following
3 
3 the completion of its publication either in the Official Gazette or in a newspaper of
4 
general 4 circulation in the Philippines.
Approved,