Mikko Jan E.

dela Cruz – JDIII

Gender and the Law
Reaction Paper

ADULTERY VS. CONCUBINAGE: LAWS THAT DISCRIMINATE ON THE BASIS OF SEX

Articles 333 and 334 of the Revised Penal Code (RPC) of the Philippines is a law that discriminates
on the basis of sex. It seeks to punish marital infidelity but there is a disparity in the law when the crime
is committed by a woman. The crime of adultery is easier to prove as the husband must only prove that
his wife had sexual intercourse with a man other than him. 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. In adultery, the penalty is the same for both the guilty wife and her paramour
which is imprisonment for a maximum period of 6 years but in concubinage, the penalty for the guilty
husband is lower by one degree which is imprisonment for a maximum period of 4 years and 1 day only,
while his concubine is given a separate penalty which is “destierro” or banishment and not imprisonment.

In 2006, the daughter of the late dictator, then Ilocos Norte Representative Imee Marcos was one
of the authors of the Marital Infidelity Bill. Marcos said her bill “seeks to correct the seeming disparity in
the treatment of husbands and wives” and calls for the “equality of men and women before the law.”

In 2014, then Rep. Razon-Abad authored House Bill (HB) 4033. According to her, marital infidelity
should remain an illegal act. However, the law should not distinguish when the act of infidelity is
committed by the married man or woman. The bill seeks to eliminate gender bias in adultery and
concubinage.

The issue is important because it is a testament to the inequality among sexes. The principle of
feminism recognizes that there are systemic evidences of unfairness or discrimination against women
involved in our laws. The disparity in the treatment of adultery and concubinage arises from gender biases
in being more lenient or seemingly accepting the infidelity of men as normal, but more stringent on
women who are expected to be faithful to her husband.

Eliminating gender bias of existing provisions against sexual infidelity is a big step towards
equality. This is just one of the many laws that discriminates on the basis of sex. Women are still
considered as a marginalized sector that is why the Philippines need more progressive women in office.