FOURTEENTH CONGRESS OF THE 
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First Regular Session 
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REPUBLIC OF THE PHILIPPINES 
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Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Under Article 333 of the Revised Penal Code, “Adultery is committed 
by any married woman who shall have sexual intercourse with a man not her 
husband ... “ 
On the other hand, a married man is liable for concubinage only when 
he does any of the three acts specified in Article 334 of the Revised Penal 
Code, to wit: 
(a) keeping a mistress in the conjugal dwelling; or 
(b) having sexual intercourse under scandalous circumstances with a 
(c) cohabiting with her in any other place. 
Although both the crimes of adultery and concubinage violate marriage 
vows, the law treats them differently. A married woman can already be 
convicted of adultery by a single act of sexual intercourse. While the husband 
can be convicted of concubinage only if sexual intercourse was performed 
under scandalous circumstances, or if he does any of the two other acts 
specified in the Revised Penal Code. Therefore, the law makes the crime of 
concubinage more difficult to establish. 
woman who is not his wife; or 
The law also imposes a lesser penalty for the crime of concubinage. 
Both the adulteress and her paramour are punished with imprisonment of 
prision correctional in its medium and maximum periods while the penalty 
for concubinage is prision correctional in its minimum and medium periods 
and destierro for the husband and the concubine respectively. 
Prominent commentators justify such discrimination by the fact that 
adultery makes possible the introduction of bad blood into the family thereby 
destroying family harmony and solidarity. This justification is incorrect as 
both adultery and concubinage violate the marital vows thus shattering 
family solidarity. 
This Act seeks to remedy such inequality in the law by amending 
Article 334 of the Revised Penal Code. The amendment deletes the phrase 
“under scandalous circumstances”, increases the penalty and qualifies the 
penalty to be imposed on the concubine. 
The approval of this bill is therefore recommended. 
EDG .tx‘ 
RDO ’ 4  
J. ANGARA 
Senator 


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Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT AMENDING ARTICLE 334 OF ACT NUMBER 3915, 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. Article 334 of Act Number 3815, as amended, otherwise 
known as the Revised Penal Code is hereby amended to read as follows: 
"Article 334. Concubinage - Any husband who shall keep a mistress in 
the conjugal dwelling or, shall have sexual intercourse 1, under scandalous 
circumstances,] with a woman not his wife, or shall cohabit with her in any 
other place shall be punished by prision correctional in its [minimum and] 
medium AND MAXIMUM periods. 
IF THE PERSON GUILTY OF CONCUBINAGE COMMITTED THE 
OFFENSE WHILE BEING ABANDONED WITHOUT JUSTIFICATION BY 
THE OFFENDED SPOUSE, THE PENALTY NEXT LOWER IN DEGREE 
THAN THAT PROVIDED IN THE NEXT PRECEDING PARAGRAPH WILL 
BE IMPOSED." 
The concubine shall suffer the penalty of PRISION CORRECIONAL 
IN ITS MEDIUM AND MAXIMUM PERIODS IF SHE PERFORMS SEXUAL 
INTERCOURSE WITH THE MAN KNOWING HIM TO BE MARRIED, 
OTHERWISE, THE CONCUBINE SHALL SUFFER THE PENALTY OF 
destierro. 
SECTION 2. All laws, decrees, orders, rules and regulations or parts 
thereof inconsistent with this Act are hereby repealed or modified 
accordingly. 
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newspapers of general circulation. 
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Approved, 
SECTION 3. This Act shall take effect fifteen (15) days following the 
completion of its publication either in the official gazette or in at least two (2) 
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