DEC.

20, 2014

NR # 3686

Bill amends the Revised Penal Code

A lawmaker has filed a measure amending certain provisions of the Revised Penal
Code on adultery and concubinage.
House Bill 5290 authored by Rep. Mercedes Alvarez (6 th District, Negros
Occidental) seeks to require the State to apply the law regardless of ones gender under
Article II, Section 14 as mandated by the State of our Constitution.
The bill seeks to amend provisions under the Revised Penal Code to ensure the
fundamental equality before the law of women and men, Alvarez said.
Alvarez said under Article 333 of the Revised Penal Code, adultery may only be
committed by a married woman and by the man who shall have sexual intercourse with
her.
On the other hand, she added, under the same law, Article 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 measure seeks to eliminate this gender bias, Alvarez stressed.
At present, Article 333 provides that adultery is committed by any 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 married, even if the marriage be subsequently
declared void.
Under the bill, Article 333 is now read as follows: Sexual Infidelity. Sexual
infidelity is committed by any legally married person who shall have sexual intercourse
with another person other than the married person, knowing that person to be legally
married, even if the marriage is subsequently declared void.
The present law provides a penalty of prision correccional in its medium and
maximum periods for adultery and concubinage.
Under Alvarezs measure, sexual infidelity shall be punished by prision
correccional it its maximum period and shall be imposed upon an offender who shall keep
a paramour in the conjugal dwelling.
On the other hand, the penalty of prision correccional in its medium period shall be
imposed upon the offender who shall cohabit with a paramour in any other place.

Further, the penalty of prision correccional in its minimum period shall be imposed
if the offense was committed when the accused spouse had been abandoned without just
cause for more than one year and when the accused spouse had been subjected to repeated
physical violence or grossly abusive conduct by the offended spouse.
Alvarez said Article 334 is likewise amended by changing the words adultery and
concubinage to sexual infidelity.
Moreover, under Article 345 on the civil liability of persons guilty of crimes against
chastity, the phrase the adulterer and the concubine is amended to persons guilty of
sexual infidelity. (30) lvc