Worse, separated or abandoned wives, who have no remedy under the law in the absence of a divorce law, are always under a constant threat of suit from their estranged husbands. The law discriminates against wives. UNHCR is not responsible for, nor does it necessarily endorse, its content. [Accessed 26 June 2017], SunStar. Charging a husband for an extra-marital affair in court is infinitely harder to prove since the woman has to prove any or all of the following: a. The Revised Penal Code (RPC) addresses your concern. Likewise, he is prohibited from filing a case of adultery without including both offenders. Internet sites, including: ecoi.net; Factiva; The Manila Times; Philippines – Department of Justice, Philippine National Police, Supreme Court; Today; United Nations – Refworld; United States – Department of State. [Accessed 26 June 2017], United Nations (UN). (Philippines [2016], 1). The Revised Penal Code (RPC) considers adultery and concubinage as crimes and provides for the punishment of both to protect the sanctity of marriage, and more importantly, the family as the foundation of the nation However, there seems to be an imbalance in the treatment of men and women found guilty of the crime. CRIMINAL LAW; ADULTERY; REVISED PENAL CODE, ARTICLE 344 CONSTRUED; PARDON BY OFFENDED PARTY. In adultery cases, it is the husband of the adulterous wife who is considered the offended spouse. A crime of adultery is committed for each sexual intercourse that takes place. Prosecution of the crimes of adultery, [concubinage,] seduction, 87. It is a misplaced idea that the offended spouse, for instance, a husband, may file a complaint for adultery against his wife and concubinage against his wife’s paramour. Under the Revised Penal Code, for Art. The succeeding articles of the Revised Penal Code are hereby 13 renumbered accordingly. Copyright © The Manila Times – All Rights Reserved. She can face up to six years in prison. An explanatory note presented to the House of Representatives of Philippines by the Gabriela Women's Party, "an offshoot of the biggest alliance of women's organizations in the Philippines" (Gabriela Women's Party n.d.), in the context of the introduction of "an act decriminalizing adultery and concubinage," provides the following: Articles 333 and 334 [of the Revised Penal Code] are often resorted to only as 'bargaining suits' to get the other party in a nullity petition to 'cooperate' or to give in[,] in support negotiations. Adultery per se is not a ground for nullity of marriage . Adultery is committed by a wife who should be charged together with her paramour, while concubinage is committed by a husband who should be charged together with the concubine. Can we file an adultery case against our own mother and concubinage against her boyfriend? We hope that we were able to answer your queries. The PCW policy brief explains that a "higher burden" is placed upon "women/wives" than "men/husbands," as for adultery the, husband must only prove that his wife had sexual intercourse with a man other than him. “I appeal to the Government to stop the entry into force of this draconian new penal code, which would mark a serious setback for human rights protections for the people of Brunei if implemented,” she said in a statement. The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a married man. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders. [Accessed 21 June 2017], The Freeman. The incident totally devastated us when the video went viral. (Gabriela Women's Party 30 June 2016). Canada: Immigration and Refugee Board of Canada. A five-judge Constitution bench by a unanimous view had in 2018 declared the adultery provision under Section 497 of the Indian Penal Code unconstitutional Ashish … No appeal was filed after the decision... Dear PAO, Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). "Soldier, Air Force Personnel's Wife Caught Cheating." Pursuant to Art. N.d.b. [Accessed 26 June 2017], Philstar. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. The UN's CEDAW report, Consideration of Reports Submitted by State Parties Under Article 18 of the Convention, describes the bills as seeking to "remove the distinction of the crimes of concubinage and adultery, that both be classified as crimes of sexual infidelity and must be equally penalized with prision correccional" (UN 2 Mar. Article 333 of the Revised Penal Code states that a married woman who engages in sexual intercourse with a man not her husband commits adultery. I will be applying for my passport and it will be my first time applying for a government-related document. 3. These suits, while pursued in the initial stages, are often withdrawn or dismissed. Adultery shall be punished by prision correccional in its medium and maximum periods. In many cases, women who are faced by these threats are forced to forego legitimate custodial claims of their children while some are forced to give up their claims over conjugal properties, assets and the like. 30 June 2016. Currently under Article #333 of the Revised Penal Code, Adultery may only be committed by a married woman and by the man who had the sexual relations with her. — Any husband who shall keep a mistress in the conjugal 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. Other than the elements of the offense and the applicable penalties, both adultery and concubinage are covered by basically the same set of rules and, therefore, would be discussed together. 344. My father was convicted of a certain crime, and he is now serving his sentence at the national penitentiary. "DOJ Seeks to Block Adultery Website Ashley Madison." ", Eliminating Discrimination Against Women in the Revised Penal Code (RPC): Decriminalizing Adultery and Concubinage, The Revised Penal Code of the Philippines, Philippine Commission on Women. Adultery shall be punished by prision correccional in its medium and maximum periods. "Philippines." Our opinion may vary when other facts are changed or elaborated. My friend died because a number of robbers killed him when he refused to give up his mobile phone while on board a... Dear PAO, If your father prefers to keep silent, the other offended spouse (the wife of your mother’s boyfriend) may file a complaint for concubinage, if warranted, against your mother and her husband, since, based on your narration, their sexual intercourse might have been committed under scandalous circumstances. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. Both adultery and concubinage are criminal offenses penalized under the Revised Penal Code. Article 87 of The Revised Penal Code provides the following: Art. Article 333. Who are guilty of adultery. Adultery is committed by a married woman and her paramour who knows her to be married. 333. Who are guilty of adultery. — The second paragraph of article 344 of the Revised Penal Code, reading: "The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders," means that the … 1. Bong Garcia. "The bill seeks to amend provisions under the Revised Penal Code to ensure the fundamental equality before the law of women and men," Alvarez said in her explanatory note. As defined under Article 333 of the Revised Penal Code, “Adultery is committed by any 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 is the marriage be subsequently declared void.” The Elements of Adultery 1. Article 333 of the Revised Penal Code punishes a married woman for having sexual intercourse with another man. Philippines' law criminalizes adultery and concubinage. (B) Is Felipa liable for adultery for having sexual relations with Alma? 7 June 2017. [Accessed 26 June 2017], Philippines. Women get charged with adultery, men get charged with concubinage. She seeks to amend Article 333 of the Revised Penal Code which provides that adultery may only be committed by a married woman and by the man who shall have sexual intercourse with her. [Accessed 15 June 2017], Philippines. The country logged 1,949 new cases of the coronavirus disease 2019 (Covid-19), bringing the total to 513,619, the Department of Health said... Dear PAO, 12 Sec. Adultery and concubinage are crimes against chastity under the Revised Penal Code of the Philippines. Concubinage. My godmother is the only child of her deceased parents. adultery and concubinage," provides the following: Articles 333 and 334 [of the Revised Penal Code] are often resorted to only as 'bargaining suits' to get the other party in a nullity petition to 'cooperate' or to give in[,] in support negotiations. (Philippines 1930). Please find below the list of sources consulted in researching this Information Request. 2015, para. On 7 June 2017, SunStar, a "network of community newspapers" from 12 major cities in the Philippines (SunStar n.d.), reports that charges were filed with the prosecutor's office in Zamboanga City against an Army Private "'James'" for concubinage and against "'Claire'," an employee of the City Government, for adultery, after "'Claire's' husband… sought police assistance" (SunStar 7 June 2017). Concubinage, on the other hand, is committed by a married man and his … Adultery is a crime in Taiwan under Taiwan’s criminal code – Article 239 and in the Philippines punishable under Article 333 of the Revised Penal Code. Questions for Chief Acosta may be sent to dearpao@manilatimes.net, Get the latest news from your inbox for free. Art. Revised Penal Code of the Philippines: Book One Articles 1- 113: Book Two Articles 114-367: Appendices : THE ANTI-BOUNCING CHECK LAW Batas Pambansa Bilang 22: THE CHAN ROBLES VIRTUAL LAW LIBRARY - QUICK GLANCE: Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. "Herstory." Research Directorate, Immigration and Refugee Board of Canada, Ottawa. Concubinage is an interpersonal and sexual relationship in which the couple are not or cannot be married. [Accessed 27 June 2017], Philippines. The bill seeks to amend provisions under the Revised Penal Code to ensure the fundamental equality before the law of women and men. Committee on the Elimination of Discrimination Against Women. "'Cheating' Wife, Lover Arrested." The adultery law has come under the scanner of the judiciary several times in the past but the courts including the Supreme Court held Section 497 valid. 5, including pregnant woman, fatally shot in Indianapolis, Covid condemns billions to poverty for a decade – Oxfam, White House begins talks with lawmakers on Covid-19 relief, Eala overwhelms Cavalle-Reimers, claims 1st pro title, Understanding the doctrine of in pari delicto, Certificate of title best proof of land ownership, Correction of erroneous entry in birth certificate. In your case, it is your father, as the offended spouse, who has the right to file a complaint for adultery against your mother and her boyfriend. You have successfully joined our subscriber list. Further information on the enforcement of Articles 333 and 334, including other cases of arrests, statistics regarding prosecution rates, and/or length of sentences, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. Article 334 of the Philippine Revised Penal Code states that concubinage is committed by “Any husband who shall keep a mistress in the conjugal 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.” If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed. Oral sources: Law office in Makati City; Philippines – Department of Justice, Philippine Commission on Women; United Solo Parents of the Philippines. In a 2014 article, The Freeman, Cebu's "oldest English-language newspaper" (Philstar n.d.), reports that "a man was arrested and is facing charges after he was caught in the act of cheating on his wife," and further states that the wife "sought the help of the Mandaue City Police," returning to her home with an officer (The Freeman 10 Mar. The concubine shall suffer the penalty of destierro. CONCUBINAGE is the only charge the husband can face. Adultery and concubinage are different felonies, and their violations are covered by different elements. – Adultery is committed by any 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 subsequently declared void. N.d. "About Us." For a behavior to become a ground for nullity of marriage, it must come within the meaning of ‘psychological incapacity’. The Revised Penal Code of the Philippines. Although these crimes are of the same nature and both constitute infidelity, there is a higher burden put on women/wives than on men/husbands. The crime of … He acquired it from another seller who... Dear PAO, Adultery and concubinage are crimes against chastity under the Revised Penal Code (RPC) and which are referred to as sexual infidelity in the Family Code or marital infidelity in a general sense. (Philippines 1930), Sources state that bills have been filed to change The Revised Penal Code regarding adultery and concubinage (UN 2 Mar. Philippine Commission on Women. This is not a UNHCR publication. Explanatory Note. (CEDAW/C/PHL/7-8) [Accessed 27 June 2017]. I agreed to buy a stolen cellphone from my friend on an installment basis, knowing it to be so. Both are deemed “crimes against chastity” under the Revised Penal Code of the Philippines and are treated as sexual infidelity in the Family Code. Dear Ram and Anne, Ram and Anne. N.d. "Her Story." The offended party cannot institute criminal prosecution without including both the guilty parties if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.”. Art. N.d. "About Us." 2015, para. She noted that under Article 333 of the Revised Penal Code, adultery may only be committed by a married woman and by the man who had sexual relations with her. 10 March 2014. 17; Philippines [2016], 3). If the person guilty of adultery committed this offense while being abandoned w… In a 2015 article, the same source reports that a woman was arrested "after she was caught by her husband and the police in the act of having sexual intercourse with another man in the couple's house in Barangay Lamesa, Balamban town" (The Freeman 10 Sept. 2015). Under Revised Penal Code, Article 333, adultery refers to an extra marital relationship of a woman to a man other than her husband even if the man is well aware that the she is already married. 5. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This website uses cookies to ensure you get the best experience on our website. 10 September 2015. On the other hand, in concubinage, it is the wife of the unfaithful husband who is the offended spouse. 1930. For concubinage, the wife has to prove first that her husband has committed either one or all of the following: had kept a mistress in the conjugal dwelling; had sexual intercourse under scandalous circumstances; and/or had lived together with his mistress in any other place. [Accessed 15 June 2017], Philippines. Agence France-Presse(AFP). 333. Who are guilty of adultery. Adultery law in India is defined by the Indian Penal Code Section 497. preliminary article - this law shall be known as "the revised penal code." The Code also penalizes other acts which are considered criminal in the … Articles 333 and 334 of The Revised Penal Code provide the following: Art. The November 2014 article by AFP, citing Justice Secretary Leila De Lima, reports that the law on adultery is "largely un-enforced and [the Philippines] is a country where many powerful men flaunt their mistresses" (AFP 30 Nov. 2014). an act revising the penal code and other penal laws. In People of the Philippines v. Adultery and Concubinage are penalized under separate provisions in the Revised Penal Code (RPC) according to the sex of the offending spouse. 17, emphasis in the original). [5] The Revised Penal Code. [2016]. (2.5%) SUGGESTED ANSWER (A) No. But anti woman’s lib as the original drafters of the 1920’s Revised Penal Code were, the crime of adultery on the part of the woman was easier to … According to information provided on the website of the Philippines House of Representatives, a bill to decriminalize adultery and concubinage, amending articles 333 and 334 of the Revised Penal Code, has been pending "with the Committee on [Revision of Laws] since 2016-07-26" (Philippines n.d.b). One look at Article 333 and 334 of the Revised Penal Code and you can see why the law tends to be stacked against women. Articles 333 and 334 of The Revised Penal Codeprovide the following: Art. “Article 344 was enacted out of consideration for the offended woman and her family who might prefer to suffer the outrage in silence rather than go through the scandal of a public trial.” (Emphasis supplied). House of Representatives. According to a November 2014 article by Agence France-Presse (AFP), the minimum sentence for adultery and concubinage is 6 months in prison (AFP 30 Nov. 2014). Adultery is punishable by imprisonment of Prison Correctional in its medium and maximum period (range of 2 years, 4 months and 1 day to 6 years imprisonment) . Article 247 of the Revised Penal Code holds that if a married person surprises his or her spouse in the act of committing sexual intercourse with another person and kills any or both of them, he or she will Based on the above provisions, only a complaint filed by the offended spouses shall be recognized for the purpose of prosecution of the crimes of adultery and concubinage. Adultery is one of them. 2014). This is jurisdictional and failure to follow this will result in the dismissal of the criminal case. A few weeks ago, our mother was caught having a sexual affair during an online meeting with her married boyfriend. In Apolinario Samilin vs The Court of First Instance of Pangasinan (GR L-37376, Oct. 15, 1932, Ponente: Associate Justice George Butte), the Court explained in this wise the underlying reason why only the offended spouses can file a complaint for adultery and concubinage. 247 to apply, the offender must catch his or her spouse in the act of committing sexual intercourse with another person. Who are guilty of adultery. In Article 333 of the Revised Penal Code, the crime of adultery has been defined as: Adultery is committed by any 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, … The Revised Penal Code (RPC) addresses your concern. Article 344 of the RPC, in part, provides: “The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouses. A policy brief regarding the "rationale for repealing" Articles 333 and 334, written by the Philippine Commission on Women (PCW), the "primary policy-making and coordinating body on women and gender equality concerns" (Philippines n.d.a), states that the maximum penalty for adultery "for both the guilty wife and her paramour" is six years, and "four years and 1 day" for concubinage, "while his concubine is given a separate penalty which is 'destierro' or banishment and not imprisonment" (Philippines [2016], 1). book one general provisions regarding the date of enforcement and application of the provisions of this code, and regarding the offenses, the persons liable and the penalties 4. 344 of the Revised Penal Code, only the offended husband can file the criminal case for adultery, NOBODY ELSE. The woman is married; I read in the newspaper that President Rodrigo Duterte recently vetoed some provisions of the General Appropriations Bill for the fiscal year 2021... Dear PAO, The Revised Penal Code of the Philippines AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. Article 344 of the RPC, in part, provides: “The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouses. While our friends were busy sending us messages over social media about the video, our father was silent because he had his own partner, too. The first two paragraphs of Article 344 of the Revised Penal Code are 15 hereby amended as follows: 16 "Article 344. — Adultery is committed by any 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 subsequently declared void. The husband must sue both his wife and her paramour You can file a criminal case for adultery against your wife and her paramour with the Office of the City Prosecutor in the city where they had sexual relations. — Adultery is committed by any 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 subsequently declared void. N.d.a. Article 344 of The Revised Penal Code provides the following: Art. Additionally, your father is also barred from filing a complaint if he has consented or pardoned the illicit acts of the offenders. This advised is based solely on the facts you have narrated and our appreciation of the same. 2 March 2015. Articles 333 and 334 of the Revised Penal Code, which respectively define and penalize the crimes of adultery and concubinage, are the penal sanctions of monogamy. N.d. "Her Story. 30 November 2014. These exact provisions are reiterated in the second paragraph of Section 5, Rule 110 (Prosecution of Offenses) of the Revised Rules of Court. The original version of this document may be found on the offical website of the IRB at, Last Updated: Monday, 25 January 2021, 12:47 GMT, 1951 Convention Relating to the Status of Refugees, 1967 Protocol Relating to the Status of Refugees, 1954 Convention Relating to the Status of Stateless Persons, 1961 Convention on the Reduction of Statelessness, Canada: Immigration and Refugee Board of Canada, Philippines : information sur les lois qui régissent l'adultère, y compris leur application (2014-juin 2017), DOJ Seeks to Block Adultery Website Ashley Madison, Gabriela Women's Party. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated. Bachelet said Brunei’s revised Penal Code would enshrine serious breaches of international human rights law into law. She went back to her parents’ hometown because she wanted to restore the property, which she claims... Dear PAO, "Herstory. The Revised Penal Code penalizes adultery, committed by a married woman, and concubinage, committed by a married man. Article 344 of the Revised Penal Code of the Philippines (RPC) provides that in cases of adultery or concubinage, the offended party cannot institute its criminal prosecution without including both the guilty parties, to wit: “Article 344. They are blackmailed by their estranged husbands through Article 333 of the RPC [Revised Penal Code] and while they also have a ground to file under Article 334, they face the difficulty of proving the crime due to the inherent difficulty in the standards set by the law. Dear PAO, — Adultery is committed by any 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 subsequently declared void. Other than the elements of the offense and the applicable penalties, both adultery and concubinage are covered by basically the same set of rules and, therefore, would be discussed together. Adultery shall be punished by prision correccional in its medium and maximum periods. The reason of the law is that the determination of the innocence and guilt of the parties should be best left to the court. Philippine Commission on Women. Dear Mark, The answer is no. Without a complaint filed by the offended spouse, the court acquires no jurisdiction over the case. Eliminating Discrimination Against Women in the Revised Penal Code (RPC): Decriminalizing Adultery and Concubinage. The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such as the taking of a life whether through murder or homicide, rape, robbery and theft, and treason.