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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._ 3301

Introduced by Honorable Josephine Veronique R. Lacson-Noel

EXPLANATORY NOTE

The Constitution, Article 11, Section 14 mandates the State to ensure the fundamental
equality before the law of women and men. This requires the State to apply the law regardless of

one’s gender.

Under the Penal Code, Art. 333, adultery may only be committed by a married woman
and by the man who shall have sexual intercourse with her. On the other hand, under the same
law, Art. 334, concubinage may be committed by a husband only under certain conditions which
are difficult to prove. These provisions have allowed other married persons not falling within the
coverage to perpetuate marital infidelity but remaining unscathed from the application of the law.
This bill seeks to eliminate this gender bias in adultery and concubinage.

‘This house bill is the counterpart of related senate bills filed by Senator Miriam Defensor

Santiago during her chairwomanship of the Senate Committee on Constitutional Amendments.

JOSEPHINE VERONIQUE R. LACSON-NOEL


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

FIFTEENTH CONGRES!
First Regular Session

HOUSE BILL NO. 3301

Introduced by Honorable Josephine Veronique R. Lacson-Noel

AN ACT
ELIMINATING GENDER BIAS IN ADULTERY AND CONCUBINAGE, AMENDIN'
ARTICLES 333 AND 344, AND REPEALING ARTICLE 334, OF THE PENAL CODE

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 333 of the Penal Code is hereby amended to read as follows:

“ant. 333. MARITAL INFIDELITY. (Who are guilty of adultery?) MARITAL
INFIDELITY [ADULTERY] is committed by any married PERSON [woman] who shall have
sexual RELATIONS [intercourse] with a PERSON [man] OTHER THAN HIS OR her
SPOUSE [husband], and by the SEXUAL PARTNER [man] of the MARRIED PERSON
knowing the LATTER [her] to be married, even if the marriage be subsequently declared void

“MARITAL INFIDELITY [adultery] shall be punished by prision correccional in its
MINIMUM [medium] and MEDIUM [maximum] periods.”

“ANY PERSON ACCUSED OF MARITAL INFIDELITY SHALL BE EXEMPT
FROM CRIMINAL LIABILITY IF THE OFFENSE WAS COMMITTED AFTER THE
ISSUANCE OF A FINAL DECREE OF LEGAL SEPARATION BY A COMPETENT
COURT HOWEVER, IF THE OFFENSE WAS COMMITTED AFTER THE ACCUSED
SPOUSE HAD BEEN JUSTIADIABLY ABANDONED ({(If the person guilty of adultery
committed this offense while): abandoned without justification] OR SUBJECTED TO
REPEATED PHYSICAL VIOLENCE OR GROSSLY ABUSIVE CONDUCT by the
offended spouse, the penalty next lower in degree than that provided in the [next] preceding


paragraph shall be imposed, AND THE SAME PENALTY SHALL BE IMPOSED ON THE
(CO-ACCUSED IN THE MARITAL INFIDELITY CASE.”

SECTION 2. Article 344, paragraph 1, of the Penal Code is hereby amended to read as
follows:

“Art. 344. Prosecution of the crimes of MARITAL INFIDELITY [adultery
concubinage]. seduction, rape. and acts of lasciviousness. —“The crime[s] of MARITAL
INFIDELITY [adultery and concubinage] shall not be prosecuted except upon complaint filed
by the offended spouse. xxx”

SECTION 3. Separability Clause. If any provision or part hereof, is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting.
SECTION 4. Repealing Clause. Any law, presidential decree or issuance. executive
order, letter of instruction, rule or regulation contrary to or inconsistent with, the provisions of

this Act is hereby repealed, modified or amended accordingly.

SECTION 5. Effectivity Clause. This Act shall take effect fifteen (15) days after its

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

Approved,