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‘SOURCE: Press and Public Affairs Bureau
Solons want to criminalize any and all acts of sexual infidelity
04-September-2015, 08:53:47 AM
‘A measure has been filed in the House of Representatives seeking to criminalize any and all acts of sexual
infidelity amending the provisions of the Revised Penal Code on adultery and concubinage, which the
proponents described as discriminatory against women
House Bill 6010, authored by Magdalo Party-list Reps. Francisco Ashley L. Acedillo and Gary C. Alejano, aims
to do away with the discrimination perpetuated by the existence of Articles 333 and 334 of the Revised
Penal Code.
"The proposed amendment also abrogates the traditional essence of adultery, that is, the
danger of introducing spurious heirs into the family," Acedillo said.
Acedillo said under Article 333 of the Revised Penal Code, adultery is committed by a
married woman who shall have sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her, knowing her to be martied, even if the
marriage be subsequently declared void.
On the other hand, he added, under the same law, Article 334, concubinage may be
‘committed by a husband who shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman who Is not his wife, or shall cohabit with her in
any other place, shall be punished by prision correccional in its minimum and medium periods.
“Despite laws promoting equality between men and women, Filipino women continue to suffer from various
forms of inequalities and discrimination, And our laws on Adultery and Concubinage under the Revised
Penal Code are such an example, Both seek to punish marital infidelity of spouses but provides higher
burden on wives than the husbands,” Acedillo stressed
Acedillo said the existence of these discriminatory provisions contradicts Article 2(g) of the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW), wherein the Philippines is a
signatory, which requires the state to modify or abolish existing laws, regulations customs and practices
that constitute discrimination against women.
Alejano said under their bill, Article 333 is now read as follows: "Who are guilty of fadultery] Marital
Infidelity. - Marital Infidelity is committed by any married person who shall have sexual intercourse with
another person not 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."‘The present law provides a penalty of prision correccionaf in its medium and maximum.
periods for adultery and concubinage.
Under the measure, marital infidelity shall be punished by prision correccional in its
medium and maximum periods.
Alejano sald Article 334 is likewise amended by changing the word concubinage to
maintaining a paramour.
He said paramour should include any person who cohabits with a married person or either sex under
circumstances where they assume and exercise toward each other the rights and privileges, which properly
belong to persons married to each other.
Moreover, Alejano said Article 344 on the prosecution of the crimes of adultery, the words "adultery and
concubinage" are amended to sexual infidelity and maintaining 2 paramour and these crimes shall not be
prosecuted except upon a complaint filed by the offended spouse.
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