EXPLANATORY NOTE

There has been much debate on the difference in treatment of adultery under article 333 and concubinage under article 334 of the Revised Penal Code. The present framework has been criticized to have created a bias in favor of the male spouse considering that given the set of elements that make up the act of concubinage, it is almost impossible for an aggrieved wife to obtain a conviction. On the other hand, restrictions on the female spouse are so stringent that it creates the impression that infidelity is an ill only of women. Such disparity promotes infidelity by male spouses.

Furthermore, a historical review of the abovementioned provisions would show that their raison d’etre was to prevent the entry of illegitimate descendants to the bloodline to preserve the line of succession. It is the protection of property rights in a patriarchal society that is paramount in the existing law.

This bill seeks to rectify the errors of the existing legal framework on marital infidelity.

First, it abolishes the gender bias of existing provisions against sexual infidelity. The same elements and penalties are prescribed for both male and female spouses. One’s sex or gender should never be an excuse or cover to desecrate the family as an institution.

Second, the amendments introduced by this bill bring the Revised Penal Code provisions against marital infidelity into the proper perspective. More than a property issue, marital infidelity is an ill that reflects a lack of virtue and value which endangers the family as a foundation of our country’s moral fiber.

This same lack of virtue and value of the family, which our lax anti-infidelity provisions promote, is actually a root cause in a lot of woes besetting the Filipino family. One cannot expect someone who does not respect the family to consider the welfare of his/her spouse and off-springs. An irresponsible promiscuous spouse is also not someone who would be considerate enough not to have children, either legitimate or illegitimate, more than he/she can adequately support. He or she would also not be someone who would be wary of the diseases that could be transmitted to the spouse who has committed her/himself to him/her. The perceived laxity of the law also encourages irresponsible sexual behavior not only in married persons but in the youth as well.

Imagine also the impact and implications when public officers and employees who should be at the forefront and models in protecting the Filipino family themselves contribute to its degeneration. It is for this reason that a greater penalty against public officers committing marital infidelity is sought.

This bill hopes to help in reviving virtue and restoring value to the Filipino family. This is but one among many measures that should be taken to strengthen the family as an institution in this time of depreciating values and waning morals. Passage of this bill is of utmost importance.

EMMANUEL JOEL J. VILLANUEVA

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

THIRTEENTH CONGRESS

House Bill No. 2238

INTRODUCED BY HON. EMMANUEL JOEL J. VILLANUEVA

AN ACT DEFINING AND PENALIZING MARITAL INFIDELITY

AMENDING FOR THE PURPOSE ARTICLES 333 AND 334 OF ACT NO. 3815,

OTHERWISE KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. This Act shall be known as the “Anti-Marital Infidelity Act of 2004.”

SECTION 2. Article 333 of Act No. 3815, otherwise known as the Revised Penal Code, is hereby amended to read as follows:

“Article 333. Marital Infidelity. Any married person who shall have sexual intercourse with another not her or his legal spouse shall be guilty of marital infidelity and shall be punished by prision correccional in its medium and maximum periods.

Any person who shall knowingly and willingly engage in sexual intercourse with any married person shall likewise be punished by prision correccional in its medium and maximum periods.

Moslems and members of indigenous peoples communities who actively and continuously practice time immemorial customs and traditions allowing multiple spouses shall be held liable for marital infidelity if they engage in sexual intercourse with any person other than the official spouses recognized by their respective faiths and traditions.”

SECTION 3. Article 334 of Act No. 3815, otherwise known as the Revised Penal Code, is hereby amended to read as follows:

“Aricle 334. Marital infidelity committed by public officers and employees. When marital infidelity, as defined in the preceding article, is committed by any officer or employee of the Government, including but not limited to military personnel, those employed in government-owned and controlled corporations (GOCCs) with original charters, those nominated by the Government as members of the board of directors of GOCCs organized under Batas Pambansa Blg. 68 as amended (the Corporation Code), and Philippine representatives to international organizations, the penalty of prision mayor in its minimum period shall be imposed.”

SECTION 4. Separability Clause. – If any provision of this Act is declared unconstitutional, the other provisions not affected thereby shall continue to be in full force and effect.

SECTION 5. Repealing Clause. – All laws, decrees, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 6. Effectivity. – This Act shall take effect fifteen (15) days following its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.