MAY 13, 2016

NR # 4199

Amend gender-biased provisions of law on marital infidelity

Even with the waning days of the 16th Congress, a lady lawmaker is insisting on the
deletion of gender-biased provisions in the Revised Penal Code related to marital
infidelity.
This move is the subject of HB 5290 entitled An Act defining the crime of sexual
infidelity and providing penalties therefor, amending for the purpose Article 333
(Adultery), Article 334 (Concubinage) and Articles 344 and 345 of Title Eleven, Book II
of Act No. 3815, otherwise known as The Revised Penal Code, principally authored by
Rep. Mercedes K. Alvarez (6th District, Negros Occidental).
There is need to amend certain provisions of the Revised Penal Code to ensure the
fundamental equality of men and women before the law particularly relating to crimes
against chastity, Alvarez stressed.
Alvarez also pointed out that her move requires the State to apply the law regardless
of ones gender under Article II, Section 14 as mandated by the Constitution.
Under Article 333, adultery may only be committed by a married woman and by a
man who shall have sexual intercourse with her. On the other hand, under Article 334,
concubinage may be committed by a husband only under certain conditions which are
difficult to prove, she said.
The said provisions of the Penal Code, she pointed out, have allowed other married
persons not falling within the coverage to perpetuate marital infidelity but remaining
unscathed from the application of the law.
The proposed amendatory statute seeks to eliminate this gender bias, Alvarez
stressed, vowing to push her campaign even beyond the term of the 16th Congress.
HB 5290, pending with the Committee on Revision of Laws chaired by Rep.
Marilyn L. Primicias-Agabas, seeks to repeal the entire Articles 333 and 334 and replace
said provisions to read as follows: (Note: Words adultery and Concubinage were deleted
and replaced with sexual infidelity)
ART. 333. SEXUAL INFIDELITY SEXUAL INFIDELITY IS COMMITTED
BY ANY LEGALLY MARRIED PERSON WHO SHALL HAVE SEXUAL
INTERCOURSE WITH ANOTHER PERSON OTHER THAN THE MARRIED
PERSONS SPOUSE AND BY THE PERSON WHO HAS CARNAL KNOWLEDGE
WITH THE MARRIED PERSON, KNOWING THE PERSON TO BE LEGALLY
MARRIED EVEN IF THE MARRIAGE BE SUBSEQUENTLY DECLARED VOID.

ART. 334. PENALTY SEXUAL INFIDELITY SHALL BE PUNISHED BY

PRISION CORRECIONAL.
THE PENALTY OF PRISION CORRECIONAL IN ITS MAXIMUM PERIOD
SHALL BE IMPOSED UPON AN OFFENDER WHO SHALL KEEP A PARAMOUR IN
THE CONJUGAL DWELLING.
THE PENALTY OF PRISION CORRECIONAL IN ITS MEDIUM PERIOD
SHALL BE IMPOSED UPON AN OFFENDER WHO SHALL COHABIT WITH A
PARAMOUR IN ANY OTHER PLACE.
THE PENALTY OF PRISION CORRECTIONAL IN ITS MINIMUM PERIOD
SHALL BE IMPOSED IF THE OFFENSE WAS COMMITTED UNDER ANY OF THE
FOLLOWING CIRCUMSTANCES:
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.
HB 5290 also seeks to replace the words adultery/adulterer and
concubinage/concubine in Articles 334 and 335 along with proposed amendments to said
provisions as provided in the measure. (30) dpt