8/20/2019 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

8/20/2019 sept04.2015Solons want to criminalize any and all acts of sexual infidelity

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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