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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

rouse ino, 1144

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),

REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),

REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

EXPLANATORY NOTE

Under the Revised Penal Code (RPC), extra marital affairs committed by married men and women are
both considered criminal acts but are not treated equally. Under Article 333 of the RPC, a wie can be convicted
of a crime of adutery for a single act of sexual intercourse with a man who is not her husband while under
Article 334, the husband can only be convicted of a crime of concubinage if he is found guilty of any of the
following: (1) keeping @ mistress inthe 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.

The husband needs only to prove that his wife engaged in-a sexual intercourse with a man not her
husband, while the wife needs to show that her husband's sexual intercourse with another woman was done
“under scandabuus circumstances’. And, under the third circumstance when concubinage is committed, it is not
enough that the husband is keeping @ paramour in another house. It must be shown that the husband ives with
the paramour in that house.

Articles 333 and 334 of the RPC which criminalze marital infidelty (that of having sexual intercourse
with a person other than hisfher spouse) clearly discriminate against women spouses. The abolition of this
stricter moral standard on fidefty on married women vis-a-vis their make counterparts, which standard was set
inthe 1930's when the RPC took effect, is long overdue

Consuttations with and cases referred to Gabriela show that, in practice, Articles 333 and 334 are often
resorted to only as "bargaining suits" to get the other party in a nulity petition to "cooperate" or to give in support
negotiations. These suits, while pursued in the intial stages, are often withdrawn or dismissed. Worse,
separated or abandoned wives, who have no remedy under the law inthe absence of a divorce law, are always
under @ constant threat of suit from their estranged husbands. They are blackmailed by their estranged
husbands through Article 333 of the RPC and while they also have a ground to file under Article 334, they face
the difficulty of proving the crime due to the inherent diffiuy in the standards set by the law. In many cases,
women who are faced by these threats are forced to forego legitimate custodial claims of their children while
some are forced to give up their claims over conjugal properties; assets and the like

Considering that these provisions in the RPC discriminate against and resus to more difficulty for
women, and considering further, that women are amply protected under Republic Act No. 9262 which
criminalzes violence against women and their children, Gabriela Women’s Party seeks the repeal of Articles
333 and 334


‘The urgent passage of this billis eamestly sought

LENE U1 BROSAS
abriela Women's Party

FRANCE L. CASTRO SARAWJANE |. ELAGO
ACT Teachers Partylist aq Partylist

CARLOS ISAGANIT. ZARATE

5 5
Bayan Muna Partylist Bayan Muna Partylist

Pe CuLamaT
Bayan Muna Partylist

ITE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1144
HOUSE BILL NO.

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

AN ACT DECRIMINALIZING ADULTERY AND CONCUBINAGE, REPEALING FOR THIS PURPOSE
ARTICLES 333 AND 334 OF THE REVISED PENAL CODE

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

SECTION 1. Articles 333 and 334 of the Revised Penal Code are hereby repealed.

SECTION 2. Effect on Pending Cases. All pending cases under the provisions of Artice 333 and 334 of
the Revised Penal Code prior to its amendment by this Act shall be dismissed upon effectivity of this Act.

SECTION 3. Immediate Release of Convicted Persons. All persons serving sentence for violation of
the provisions of Article 333 and 334 of the Revised Penal Code on Adultery and Concubinage prior to its
amendment by this Act shall be immediately released upon effectivity of this Act: Provided, that they are
not serving sentence or detained for any other offense or felony.

SECTION 4. Repealing Clause. All laws, presidential decrees, executive orders, rues and regulations and
other issuances, or any part thereof, inconsistent with this Act are hereby repealed, modified or amended
accordingly

SECTION 5. Effectvity Clause. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at ast two (2) newspapers of general circulation

Approved,