Anti-marital Infidelity Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL 14 P2:46 First Regular Session ) RECEY. SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA AN ACT DEFINING AND PENALIZING MARITAL INFIDELITY, AMENDING FOR THE PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE EXPLANATORY NOTE The family is the basic autonomous social unit of the nation. It is the primary conduit where values and beliefs are passed on from one individual to another. A nation is only as strong as the millions of families that comprise it. However, one of the social ills that threaten the stability of the family is marital infidelity. Marital infidelity destroys the stability and unity of the family at its core, shatters the self-worth and trust of the betrayed spouse, and inflicts psychological and emotional harm on the aggrieved spouse and their children.! It is also a form of irresponsibility that undermines the duties of spouses to remain faithful and observe mutual affection and to provide a loving and supportive environment for their children. Without the stringent intervention of the State against infidelity, marriage as an institution will collapse. This bill seeks to strengthen the law on marital infidelity, as well as to eliminate the unequal treatment between the crimes of adultery and concubinage under Article 333 and Article 334 of the Revises Penal Code, respectively. Indeed, the present penal framework for these crimes has created a bias in favor of married men. A husband is only liable for concubinage under very narrow and difficult-to-prove circumstances. Meanwhile, a wife may be charged with adultery merely upon proof of sexual relations with a man other than her husband, without the necessity of proving the elements similar to that of the crime of concubinage. 1 XXX, Petitioner vs. People of the Philippines, GR No. 252739, 16 April 2024.

In a landmark decision, the Supreme Court acknowledged that women are disproportionately victims of violence, particularly intimate partner violence, and recognized marital infidelity as a form of psychological violence.? This highlights the urgent need to address the gender-based disparity embedded in our penal laws. This bill aims to remove this unequal and unfair distinction on the basis of sex. Sex should not be used to favor one over the other without substantial distinctions. The archaic view towards men and women under the Revised Penal Code should not be allowed to persist today. In view of the foregoing, the immediate passage of this bill is earnestly sought. pellen VILLANUEVA * 2 XXX, Petitioner vs. People of the Philippines, GR No. 250219, 01 March 2023.

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AL 14 P2:46 First Regular Session SENATE Senate Bill No. Introduced by Senator JOEL VILLANUEVA AN ACT DEFINING AND PENALIZING MARITAL INFIDELITY, AMENDING FOR THE PURPOSE 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. Short Title. - This Act shall be known as the "Anti-Marital

Infidelity Act."

SEC. 2. Article 333 of Act No. 3815, otherwise known as the Revised Penal

Code, is hereby deleted in its entirety and replaced with the following: "ARTICLE 333. MARITAL INFIDELITY. - MARITAL INFIDELITY IS COMMITTED BY ANY MARRIED PERSON WHO SHALL HAVE SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS NOT HIS/HER LEGITIMATE SPOUSE, EVEN IF THE MARRIAGE IS SUBSEQUENTLY DECLARED VOID, AND BY THE PERSON WHOM HE/SHE HAS SEXUAL INTERCOURSE WITH, KNOWING OR HAVING REASONABLE GROUNDS TO BELIEVE THAT THE GUILTY SPOUSE IS MARRIED. MARITAL INFIDELITY SHALL BE PUNISHED BY PRISION CORRECCIONAL IN ITS MEDIUM AND MAXIMUM PERIODS. IF THE PERSON GUILTY OF MARITAL INFIDELITY COMMITTED THIS OFFENSE WHILE BEING ABANDONED WITHOUT

JUSTIFICATION BY THE OFFENDED SPOUSE, THE PENALTY NEXT LOWER IN DEGREE THAN THAT PROVIDED ABOVE SHALL BE IMPOSED. MUSLIMS AND MEMBERS OF INDIGENOUS PEOPLES COMMUNITIES WHO ACTIVELY AND CONTINUOUSLY PRACTICE SINCE 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."

SEC. 3. Article 334 of the Revised Penal Code is hereby deleted.

SEC. 4. Article 344 of the Revised Penal Code is hereby amended to read as

follows: "Article 344. Prosecution of the Crimes of [Adultery, Concubinage;] MARITAL INFIDELITY, Seduction, Abduction, Rape and Acts of Lasciviousness. - The [erimes of adultery and concubinage] CRIME of MARITAL INFIDELITY shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party can institute criminal prosecution [without including] AGAINST THE OFFENDING SPOUSE ALONE, OR AGAINST both the guilty parties L, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders]: PROVIDED, THAT THE OFFENDED SPOUSE DID NOT CONSENT TO SUCH ACT OR PARDON THE OFFENDERS IN WRITING: PROVIDED, FURTHER, THAT THE OFFENDED SPOUSE IS NOT GUILTY OF MARITAL INFIDELITY: PROVIDED, FINALLY, THAT NOTHING HEREIN SHALL PREVENT THE OFFENDED SPOUSE, THE PARENTS AND PARENTS-IN-LAW OF THE OFFENDED SPOUSE, OR THE CHILDREN OF THE OFFENDED AND GUILTY SPOUSES FROM FILING THE APPROPRIATE CIVIL ACTION UNDER THE CIVIL CODE. The offenses of seduction, abduction or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or

her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above-named persons, as the case may be. In cases of seduction, abduction and acts of lasciviousness, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the abovementioned crimes.

SEC. 5. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 6. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,