sept04.2015Solons want to criminalize any and all acts of sexual infidelity
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Solons want to criminalize any and all acts of sexual infidelity
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 !ill "#$#, authored by %agdalo Party&list Reps 'rancisco Ashley (
Acedillo and )ary C Ale*ano, aims to do away with the discrimination perpetuated by the
existence of Articles +++ and ++ of the Revised Penal Code
-.he 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 +++ 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 married, even if the marriage
be subse0uently declared void
1n the other hand, he added, under the same law, Article ++, concubinage may be
committed by a husband who shall keep a mistress in the con*ugal 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
-2espite laws promoting e0uality between men and women, 'ilipino women
continue to suffer from various forms of ine0ualities and discrimination And our laws on
Adultery and Concubinage under the Revised Penal Code are such an example !oth 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
34g5 of the Convention on the 6limination of All 'orms of 2iscrimination Against 7omen
4C62A75, wherein the Philippines is a signatory, which re0uires the state to modify or
abolish existing laws, regulations customs and practices that constitute discrimination
against women
Ale*ano said under their bill, Article +++ is now read as follows8 -7ho are guilty of
9adultery: %arital ;nfidelity & %arital ;nfidelity is committed by any married person whoshall 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 subse0uently declared void/
NR # 3947
SEPT 4, 2015
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.he present law provides a penalty of prision correccional in its medium and
maximum periods for adultery and concubinage
<nder the measure, marital infidelity shall be punished by prision correccional in
its medium and maximum periods
Ale*ano said Article ++ 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
%oreover, Ale*ano said Article + on the prosecution of the crimes of adultery, the
words -adultery and concubinage/ are amended to sexual infidelity and maintaining a paramour and these crimes shall not be prosecuted except upon a complaint filed by the
offended spouse 4+# ) lvc