THESIS STATEMENT

Disparity in the codal provisions

Undue advantage in the part of men
Discriminatory for women
Violation of Equal Protection Clause
Any husband who shall
1.keep a mistress in the conjugal dwelling, or,
2.shall have sexual intercourse, under scandalous
circumstances, with a woman who is not his wife,
3.or shall cohabit with her in any other place,
shall be punished by prision correccional in its minimum
and medium periods.

The concubine shall suffer the penalty of destierro.
(The Revised Penal Code Criminal Law, Reyes, 2008)

CONCUBINAGE
have sexual intercourse, under scandalous circumstances
keep a mistress in the conjugal dwelling
cohabit with her in any other place
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.

Adultery shall be punished by prision correccional in its medium
and maximum period.

If the person guilty of adultery committed this offence while
being abandoned without justification by the offended spouse,
the penalty next lower in degree that that provided shall be
imposed.
(The Revised Penal Code Criminal Law, Reyes, 2008)

ADULTERY
Article III, Section 1
No person shall be deprived of life liberty and property,
nor shall any person be denied of the equal protection of
the laws.

Article II, Section 14
The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of
women and men.
PROVISIONS OF
EQUAL PROTECTION
The requisites of equal protection clause are provided,
namely:
the classification is based on real and substantial
differences;
is germane to the purpose of the law;
applies to all members of the same class; and
applies to current as well as future conditions.
(Himagan vs. People)
REQUISITES OF EQUAL PROTECTION
MARRIAGE
arriage is a special contract of permanent union
between a man and a woman entered into in
accordance with law for the establishment of conjugal
and family life. It is the foundation of the family and
an inviolable social institution whose nature
consequences, and incidents are governed by law
(Art 1, Family Code)
SIBOL
*
argues that this legal double
standard is based on womens child-bearing
ability and mens claims of natural sexual
needs or drive
In marital relationships, exclusivity
expectations are commonly assumed
although they are not always met.
The bottom line here is "human nature" is
not an excuse to have an affairPart of
being human and living in society is the
capacity to control instincts, and not have
them control us.


"It seems most unfair for a man to require from a
wife the chastity he does not himself practice
*
Sama-Samang Inisyatiba ng Kababaihan sa
Pagbabago ng Batas at Lipunan
*National Commission on the Role
of Filipino Women in 2009
FILIPINOS ENGAGED IN
EXTRAMARITAL AFFAIRS

There is a need to revise the present crimes of Concubinage and
Adultery because it is arbitrary to both men and women.

CONCLUSION
Amend only Article
334

Senate Bill 2015 sponsored by Senator
Edgardo J. Angara contains amendments
to the crime of Concubinage by deleting
the phrase under scandalous
circumstance with the addition of
qualifying the penalty of the concubine.


RECOMMENDATION
Amend both Article 333
and Article 334

Senator Richard Gordon who
sponsored two bills with the same
purpose as stated above and stated
in a press release:

RECOMMENDATION
THE END