Republic of the Philippines
4 HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No__3989

Introduced by HON. ALETA C. SUAREZ

EXPLANATORY NOTE

Under the 1987 Constitution, it is the policy of the State to recognize fundamental
equality of men and women before the law. Today’s society has already acknowledged the
contributions of women in the improvement of the economic status of the family and the
nation’s overall growth and development. However, women still suffer from the
unjustified distinction in the sanction of crimes against chastity, particularly of committing
sexual infidelity or marital infidelity, where man and woman may be equally guilty.

In our present law, the crime of adultery may be charged towards a married woman
for committing a single sexual act with a man other than her husband. Adultery may be
proved by circumstantial evidence. Meanwhile, a man may be charged with concubinage
when found to have committed a sexual act with a woman other than his spouse under
scandalous circumstances, or is cohabiting with a mistress in the conjugal dwelling or in
any other place. Given its continuing nature and the particular conditions required,
concubinage is more difficult to prove. Moreover, adultery is punished more severely than
concubinage. The distinction is a clear discrimination against women. This is even being
used by husbands to blackmail the wives for filing complaints, especially when both
parties have grounds for action under Articles 333 and 334.

Thus, this bill seeks to uphold the Constitutional mandate of the State and the
policies enumerated in Republic Act No. 9710, otherwise known as the Magna Carta of
Women which ensures equality of women and men, and abolition of unequal structures
and practices that perpetuate discrimination and inequality. The bill also aims to resolve
the differences, promoting the rights of women and reaffirming their value in society.

Page lof 4


In view of the foregoing, the approval of this bill is earnestly sought.

yee
ALBTA C. SU,

rresentati
3rd District, @uezon Province

Page 2of 4


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._3989

Introduced by HON. ALETA C. SUAREZ

‘AN ACT AMENDING REPUBLIC ACT NO. 3815, OTHERWISE KNOWN AS THE
REVISED PENAL CODE, REDEFINING THE CRIME OF ADULTERY AND
CONCUBINAGE AND PROVIDING PENALTIES THEREOF

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

SECTION 1. Title Eleven, Chapter One, Article 333 of Republic Act No. 3815,
otherwise known as the Revised Penal Code, is hereby amended to read as follows:
Article 333. Who are Guilty of Adultery. — Adultery is committed by any married
PERSON who shall have sexual intercourse with a PERSON OTHER THAN HIS
OR HER SPOUSE, and by the PERSON who has carnal knowledge OF HIM OR
HER, knowing HIM OR HER to be married, even if the marriage be subsequently
declared void.
Xxx
SEC. 2. Title Eleven, Chapter One, Article 334 of the Revised Penal Code shall be
hereby amended as follows:
Article 334. Concubinage. — Any husband who shall keep a mistress in the conjugal
dwelling, or shall cohabit with her in any other place, shall be punished by prisién
correccional in its MEDIUM and MAXIMUM periods.
The concubine shall likewise suffer the penalty of prisién correccional in its

medium and maximum periods.

Page3 of 4


SEC. 3. Article 344 of the Revised Penal Code shall also be amended to read as
follows:
Article 344. Prosecution of the Crimes of Adultery, Concubinage, Seduction,

Abduction, Rape and Acts of Lasciviousness. — The crimes of adultery and
concubinage shall not be prosecuted except upon a 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, if HE OR SHE shall have
consented or pardoned the offenders, NOR IF HE OR SHE IS LIKEWISE
FOUND GUILTY OF ADULTERY, AND NOR IF HE OR SHE HAS
ABANDONED HIS OR HER SPOUSE WITHOUT JUST CAUSE FOR A

PERIOD OF NOT LESS THAN ONE YEAR.

SEC. 4. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, the other parts or provisions hereof which are not affected

shall continue to be in full force and effect.

SEC. 5. Repealing Clause. - All laws, orders, issuances, circulars, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 6. Effectivity — This Act shalll take effect fifteen (15) days after its publication
in the Official Gazette or in any two (2) newspapers of general circulation in the

Philippines, whichever comes earlier.

Approved.

Page 4of 4