Table of Contents

I. Table of Contents………………………………………………………1

II. List of Tables……………………………………………………………3

III. Chapter One: The Problem and its Settings…………………………4

Introduction………………………………………………………………4

Conceptual Framework……………………….………………………..7

Statement of the Problem………………………………………………8

Significance of the Study…………………………………….…………9

Scope, Limitations and Delimitations…………………….……………10

Definition of Terms………………………………………………………11

IV. Chapter Two: Review of Related Literature …………..………...……13

Related Literature………………………………………………………..13

1. Marriage………………………………………………………………13

2. Annulment and Legal Separation………………………………….17

3. Infidelity……………………………………………………………….19

4. Concubinage…………………………………………………………24

5. Adultery……………………………………………………………….26

Synthesis………………………………………………………………….27

V. Chapter Three: Research Methodology……………………………….29

1
 VI.

Chapter Four: Presentation and Analysis of Data…………………….30

Differences regarding the codal provisions of adultery and

concubinage…………………………………………………………….…30

Discriminatory provisions regarding adultery and concubinage……..32

Legal remedies for the imposition of equality regarding infidelity…...33

VII. Chapter Five: Summary, Conclusions, Discussions and

Recommendations………………………………………………….……..35

Summary…………………………………………………………………...35

1. Purpose of the Study………………………………………………….35

2. Restatement of Research Questions……………………………..…35

3. Research Methodology………………………………………………..36

4. Summary of Findings………………………………………………… 37

5. Conclusions…………………………………………………………….39

6. Recommendations…………………………………………………….40

VIII. Bibliography………………………………………………………………...41

IX. Appendices……………………………………………………………...….44

A. Article 333 of the Revised Penal Code of the Philippines……..45

B. Article 334 of the Revised Penal Code of the Philippines……..46

List of Tables

2
Conceptual Framework………………………………………………………….7

Differences regarding the codal provisions of adultery and concubinage….30

CHAPTER I

THE PROBLEM AND ITS SETTING

3
Introduction

Due to modernization and globalization, the need for a durable and

portable family status, has heightened. Hence, according to the study

conducted by Ann Laquer Estin, International human rights norms, is a useful

reference point to emphasize the importance of full and free consent to enter

into a marriage, and also to underline the respect due to marriage and family

relationships.1 Despite the efforts to reconcile, International laws, it would be

impossible to declare a single law that would be the governing law of all

countries due to their respective differences. Hence, for this reason, it is not

only marriage, which is affected with this complexity but as well as divorce,

which is now valid and recognized in some countries, and invalid in others.

Consequently, this intricacy has indeed the potential to cause difficulty not just

for the spouses but their respective families.

Specifically, the Philippine Constitution upholds the sanctity and the

vital role of marriage, as an inviolable social institution, in strengthening and

protecting the family as the foundation of the nation. Despite the decree that

marriage is legally inviolable, Philippine jurisdiction provides remedies in

cases of declaration of void, voidable or nullity of marriage and even for legal

separation.2 Since, the state protects the interests of marriage in order to

protect the families, the grounds to be used for filing annulment or legal

1
ANN LAQUER ESTIN, MARRIAGE AND DIVORCE CONFLICTS IN INTERNATIONAL
PERSPECTIVE (2d ed. 2016), p.516, https://scholarship.law.duke.edu/cgi/viewcontent.cgi?
article=1510&context=djcil (accessed November 20, 2019)
2
Family Code of the Philippines, Articles 35- 67
4
separation, should carry weight that will strengthen the case. 3 Moreover, it

may be a hard pill to swallow but infidelity alone is not a ground for annulment

but only for legal separation. Unless, infidelity which may either be adultery or

concubinage, constitutes psychological incapacity which prevents or hinders

one of the spouses from performing their basic marital obligations.

However, one of the issues regarding infidelity in the Philippines, is the

assailed discrimination against wives. 4 In fact according to Jeremy Morley:

“the law places a greater burden upon wives than husbands due to the

disparity in the definition of the crimes, the evidentiary proof required, and the

penalties imposed upon the offending parties.” 5 Despite, having Republic Act

No. 9710 or the Magna Carta of Women, which provides for the amendment

or repeal of laws that are discriminatory to women, Article 333 of the Revised

Penal Code is still binding and implemented in cases against wives.

Hence, as a first-year college of law student, who aspires to practice

law someday, the researcher believed that as a future lawyer, there is a need

to conduct this study. It is for the purpose of satisfying the quest for

knowledge regarding the grey areas between adultery and concubinage.

Furthermore, the researcher pushed through this study for the hope of further

improvement and possible additional studies regarding these matters.

3
https://attorney.org.ph/legal-news/16-the-difference-between-concubinage-and-adultery
(accessed date November 20, 2019)
4
Jeremy Morley, PHILIPPINES’ LAWS ON ADULTERY, CONCUBINAGE AND MARRIAGE
NULLITY (Nov 30, 2016), https://www.international-divorce.com/2016/11/philippines-laws-on-
adultery.html, (accessed date November 20, 2019)
5
https://www.pcw.gov.ph/wpla/-repeal-rpc-provisions-adultery-and-concubinage

5
Conceptual Framework

PHILIPPINE JURISDICTION

CONCUBINAGE Comparison

6
 ADULTERY
Definition Penalties

Definition Penalties

INEQUALITY

REMEDIES

Statement of the Problem

This study aims to determine the grey areas between adultery and

concubinage and for the proposal of equal penalties:

1. What are the differences regarding adultery and concubinage?

a. Do their penalties differ?

7
 b. Are there differences between proving adultery and

concubinage?

2. What are the discriminatory provisions regarding adultery and

concubinage?

a. Are there justifying reasons, which prove that adultery is

a graver crime than concubinage, or vice versa?

3. What legal remedies may be proposed in order to relieve

Philippines from the discriminatory provisions with respect to

infidelity?

Significance of the Study

This study shall benefit the following:

To the future spouses of the Philippines, who might be affected

by the provisions of the Revised Penal Code, specifically Article 333 or

8
Article 334, who would be provided equal protection and implementation of

the laws therein.

To the legislative branch and/or other law-making body of the

government, who would be provided a reference which would be a great help

with their law-making function for purposes related to adultery and

concubinage.

To the students and future researchers, this research would serve

as a reference for those who will conduct similar or related studies.

To the professors, this study shall serve as a guide or aid for easier

and more effective discussions regarding related lessons, studies or topics

about this research.

Scope and limitations of the study

This research is about the comparative study of adultery and

concubinage, as defined, applied and penalties provided by the jurisdiction of

the Philippines.

9
 Furthermore, this study also aims to propose equal penalties between

infidelities.

However, this study does not include international laws regarding

adultery and concubinage, nor does this study involve other grounds for

annulment or legal separation.

Definition of terms

Under this study, the following terms were made used of in order to

establish a clearer understanding of this research;

Cohabit. To live together as husband and wife, under the same roof.

10
Concubine. The other woman in a marriage; someone who is not the wife;

the mistress. Someone whom the husband is having a relationship with, with

carnal knowledge that he is a married man. The other woman kept in a

conjugal dwelling or whom the husband is cohabitating with in any other

place, or who is having sexual intercourse under scandalous circumstances.

Conjugal Dwelling. A house built from the conjugal properties of the

spouses, which should be resided by the husband and the wife together with

their children.

Discriminatory provisions. Provisions which are not of equal weight or

effect to an equal act by reason of gender.

Legal remedy.  Providing solution through the enactment and promulgation

of laws to keep order in the society. Additionally, as time pass by such law

may be subject to revision, or amendment.

Penalties. Sanctions imposed to penalize a intentional wrong doing or even a

negligent omission of act required by law.

Scandalous circumstances. Event or occasion which is immoral, raises

issues in the public, or shocks the conscience of people with integrity.

11
 CHAPTER II

REVIEW OF RELATED LITERATURE AND STUDIES

This chapter presents a review of related literature and studies which

have bearing on the present study.

A. Related Literature

12
 The discussion in this section emphasized some relevant information

obtained from literature written in the Philippines and other countries which

serve as sufficient background of the study.

Marriage. Marriage, as a social institution has taken up different definitions,

due to the different perspectives, cultures and religions of the authors 6.

However, according to Sheri Stritof, the most commonly accepted and

encompassing definition of marriage is the following: “a formal union and

social and legal contract between two individuals that unites their lives legally,

economically, and emotionally7.” Moreover, Philippine jurisdiction has two

versions of the definition of marriage. One of which is Article XV, Section Two

of the 1987 Philippine Constitution, which defined it as: as an inviolable social

institution, is the foundation of the family and shall be protected by the State 8.

On the other hand, the definition of Family Code of the Philippines, is as

follows: Marriage is a special contract of permanent union between a man and

a woman entered 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

and not subject to stipulation, except that marriage settlements may fix the

property relations during the marriage within the limits provided by this Code.

6
Dr. N. A. Wimalasena (Ph.D). An Analytical Study of Definitions of the Term “Marriage,” Vol.
6, No. 1; January 2016. http://www.ijhssnet.com/journals/Vol_6_No_1_January_2016/21.pdf
(accessed date November 27, 2019)
7
https://www.thespruce.com/definition-of-marriage-2303011 (accessed date: November 27,
2019)
8
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-
philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-xv/ (accessed date:
November 27, 2019)
13
 Furthermore, the importance of this social institution may be

summarized in its social, economic, and of course in its legal sense.

First, the social importance of marriage. According to Archbishop

Salvatore Cordileone, in his book A Closer Look, marriage is the social

institution that connects the child to the man and woman who brought them

into the world. Moreover, Pope St. John Paul II said, as the family goes, so

goes the nation, and so goes the whole world in which we live. This means

that the state of marriage and family life is a good indicator of the state our

society is in.9 Consequently, as the basic social institution, marriage binds the

family to the society.

Second, according to the American and Haifa Universities: marriage

results in a “positive effect of men’s motivation” in the workforce, producing

behaviors that “signal reliability to employers.” Hence, as the binding

institution, marriage surely has importance to the economy. In fact, in the

speech of Hon. Kevin Andrews MP of the Australian government he stated

that:

“Marriage benefits individuals economically. It also benefits

society.

As a wealth generating institution, married couples create more 
economic assets on average than singles and cohabiting couples. In st
udying the effect of marital history on retirement income, researchers fo

9
https://relevantradio.com/2018/01/importance-marriage-society/ (accessed date: November
27, 2019)
14
 und that those who had been continuously married had significantly hig
her levels of wealth than those who had not.10”

Last but not the least, the legal importance of marriage. One of the

legalities of a marriage is the legal decision making. For example, according

to Sandra L. Schpoont of Schpoont & Cavallo LLP family and matrimonial

lawyer and partner:

“If you're married, you can have the status as next-of-kin for hospital
visits, which grants you the ability to make medical decisions in the event your
spouse becomes sick or disabled. "You also have the legal right to sue for
wrongful death of a spouse and have decision-making power with respect to
whether a deceased partner will be cremated or not and where to bury him or
her.11”

Moreover, the Philippine Jurisdiction enumerates the importance of

marriage. First, for the purpose of procreation but also for the purpose of

mutual help and protection physically, morally and materially. Second, it

serves as a civil contract, with status and interest of the State added to it.

Third, aside from the, aforementioned, it is also a special contract which

cannot be restricted by discriminatory policies. Fourth, the legality of the

property relations or regime of the spouses. Hence, even if a marriage is void,

vested rights can be acquired from such relationships. 12

Additionally, it is evident that the Filipino people are God-fearing

individuals. Marriage was believed as the instrument of God to unite a man

10
https://formerministers.dss.gov.au/15362/economic-value-of-marriage-family-and-
relationship-breakdown/ (accessed date: November 27, 2019)
11
https://www.theknot.com/content/benefits-of-marriage (accessed date: November 27, 2019)
12
https://batasnatin.com/law-library/civil-law/persons-and-family/1314-nature-and-importance-
of-marriage.html/ (accessed date: November 27, 2019)
15
and woman. Consequently. there shall be no measure nor law should be

passed that would subverts, destroys, and disrupts the solemnity or nobility of

marriage and/or Filipino family as a divine and constitutional social institution 

Annulment and Legal Separation. It is a common knowledge that

absolute divorce is not recognized in the Philippines, except under the second

paragraph of Article 26 of the Family Code. Hence, the legal remedy for the

declaration of void and null marriages, under the Philippine Constitution is

through filing an annulment proceeding based on the exclusive grounds

provided by Article 45 of the Family Code. Consequently, annulment has a

retroactive character; meaning, the effects go back to the first day you were

married.13

On the other hand, legal separation which is known as relative divorce.

However, it does not affect the marital status, but it is a mere bed-and board

separation of the spouses.14 Furthermore, the grounds for legal separation are

13
https://firm.batasnatin.com/practice-areas/annulment-of-marriage.html
14
Lapuz v. Eufemio, 43 SCRA 177
16
provided under Article 55 of the Family Code. First, repeated physical

violence or grossly abusive conduct directed against the petitioner, a common

child, or a child of the petitioner. Second, physical violence or moral pressure

to compel the petitioner to change religious or political affiliation. Third,

attempt of respondent to corrupt or induce the petitioner, a common child, or a

child of the petitioner, to engage in prostitution, or connivance in such

corruption or inducement. Fourth, final judgment sentencing the respondent to

imprisonment of more than six years, even if pardoned. Fifth, drug addiction

or habitual alcoholism of the respondent. Sixth, lesbianism or homosexuality

of the respondent. Seventh, contracting by the respondent of a subsequent

bigamous marriage, whether in the Philippines or abroad. Eight, sexual

infidelity or perversion. Ninth, attempt by the respondent against the life of the

petitioner. Lastly the, abandonment of petitioner by respondent without

justifiable cause for more than one year.

While, legal separation may be a temporary remedy, because it is a

decree terminable at the will of the spouses for purposes of reconciliation.

Annulment, on the other hand, pertains to the declaration the marriage non-

existent from the very beginning and may be used for purposes of remarriage

subject to the qualifications of Philippine laws.

17
Infidelity. Infidelity is the breaking of a promise to remain faithful to a sexual

partner, whether that promise was made as part of marriage vows or privately

uttered agreements between lovers. It is also the leading cause for

marital divorce and pre-marital break-ups; it can trigger domestic

violence; and it is a strong predictor of poor mental health,

including depression and anxiety.15 Despite the consequences, the current

infidelity statistics by: Journal of Marital and Family Therapy, stated that 22%

of married men admit to having an affair at least once during their marriages

while 14% of married women admit to having an affair at least once during

their marriages.16

Moreover, according to Selterman and colleagues, it was established

that the eight main motives why people cheat are: First, falling out of love, and

in some cases the cheater solicited more feelings for the other man or

woman. Second, for variety, since it is the reaction to boredom. As a matter

fact, for many people (74 percent), a desire for variety factors into their

cheating behavior. Third, feeling neglected, some people engage in infidelity

15
https://www.psychologytoday.com/intl/basics/infidelity (accessed date: November 27, 2019)
16
https://perspectivesoftroy.com/men-cheat-women/ (accessed date: November 27, 2019)
18
as a response to their partner's lack of attention. Participants (70 percent)

revealed that feeling neglected was at least moderately tied to their cheating

behavior. Fourth, situational forces. Many participants (70 percent) noted that

factors of the situation were a key reason they cheated. Maybe they were

drinking or in some other way thrown into an opportunity they didn't anticipate.

Fifth, to boost self-esteem, for some people, the act of having an affair can

boost their own ego and self-esteem. More than half of participants (57

percent) indicated that enhancing their self-esteem was a motive for their

cheating. Sixth, out of anger, cheating was seen as a way to punish a partner

or enact revenge. Seventh, not feeling committed, lacking love and lacking

commitment to a current romantic partner are both tied to general feelings of

relationship dissatisfaction. In terms of commitment, nearly half (41 percent)

of participants indicated that having low levels of commitment to their romantic

partners motivated their cheating. Eight, because of sexual desire, about one-

third of participants (32 percent) reported that they were driven to have an

affair because of this. Maybe in their established relationship, individuals

aren't engaging in the frequency of sex, style of sex, or specific sexual

behaviors that they want; this can contribute to their reasons to cheat.

(Selterman et al., 2019)17.

One of the important aspects to take into consideration is the emotional

attachment of the cheating spouse to another person. According to Robert

Weiss Ph.D., MSW:

17
https://www.psychologytoday.com/intl/blog/meet-catch-and-keep/201910/8-reasons-people-
cheat (accessed date: November 27, 2019)
19
 “When women cheat, there is usually an element of
romance, intimacy, connection, or love. Men, on the other hand, are
more likely to cheat to satisfy sexual urges, with fewer thoughts of
intimacy. Of course, many men cheat because they feel love as well as
sexual attraction for an outside partner, but many more don’t: For
them, infidelity can be an opportunistic, primarily sexual action that, in
their minds, does not affect their primary relationship. In fact, when
asked, many such men will report that they’re very happy in their
primary relationship, that they love their significant other, that their sex
life is great, and that, despite their cheating, they have no intention of
ending their primary relationship.18”

With all these being said, it is safe to assume that there are more men

cheater than women; however, women cheat more often and get away with it

more often. Furthermore, Tammy Nelson, a couples therapist and author

of When You’re The One Who Cheats stated that:

“We don’t know if more men or more women are caught

cheating, on average. But it would make sense that women are better
at hiding their affairs. Traditionally women have faced harsher
punishment for cheating,” said Nelson. “They have lost their financial
support, risked the loss of their children, and in some countries even
risked the loss of their lives.”19

This leads to the question: internationally and historically speaking, is

adultery considered a graver crime than concubinage?

One of the most common law against adultery is found on the ten

commandments: “You shall not commit adultery.” Furthermore, there are

18
https://www.psychologytoday.com/us/blog/love-and-sex-in-the-digital-age/201707/why-men-
and-women-see-infidelity-so-differently (accessed date: December 20, 2019)
19
https://www.fatherly.com/health-science/do-men-cheat-more-than-women-infidelity-data/
(accessed date: December 20, 2019)
20
other proverbs which states the evilness of adultery 20. However, concubinage

is allowed and accepted in the Bible for the reason that the law adopted was

the Hebrew law which allows a man to legally have concubines. 21

Additionally, during the ancient times, since women were not treated as

an equal to men, adulterers once caught were stoned to death, humiliated

publicly, or some faced other gruesome and inhumane punishments.

However, despite the centuries that passed by, still, some countries have

unfair gender treatment: some are general, while some are only through their

specific reasons and ways.

As a matter of fact, Philippines, one of the countries which criminalized

infidelity; although, both are penalized criminally, it is evident that there is

gender discrimination in proving the act and even the term of sentence

imposed. Despite the presence of laws which prohibits inequality of

applicability of law with regards to gender, such as:

The 1987 Philippine Constitution provides that “The State

recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men” (Article II,
Section 14).

Republic Act No. 9710 or the Magna Carta of Women provides

for the amendment or repeal of laws that are discriminatory to women
including Articles 333 and 334 of the Revised Penal Code on adultery
and concubinage (Section 12).

20
https://www.biblestudytools.com/topical-verses/bible-verses-about-adultery/ (accessed
date: December 20, 2019)
21
https://www.christianity.com/wiki/christian-terms/what-is-a-concubine-why-did-god-allow-
men-to-take-concubines-in-the-bible.html (accessed date: December 20, 2019)
21
 The Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), which was ratified by the Philippines in
1981, requires State Parties to modify or abolish existing laws,
regulations, customs, and practices that constitute discrimination
against women (Article 2[g]). It also calls on the States Parties to take
all appropriate measures to eliminate discrimination against women
and ensure equality of men and women in all matters relating to
marriage and family relations (Article 16).
Still some voice out their opinions against such inequality while some

agrees. One of which is, Public-Attorney’s-Office Chief Justice Persida

Rueda-Acosta, who stated that:

"Sa adultery and concubinage, dapat mas mahigpit sa babae

kaysa sa lalaki. Dahil ang babae ang ilaw ng tahanan. Kapag nawasak
ang tahanan, nagloko ang babae, wala na. Kapag ang lalaki nagloko,
ang babae matatag, siya ang ilaw, buhay pa ang tahanan 22."

Concubinage. Article 334 of the Revised Penal Code of the Philippines

defines Concubinage as:

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
22
https://www.rappler.com/nation/152631-judicial-bar-council-interview-persida-acosta-
adultery-women (accessed date: December 20, 2019)
22
 place, shall be punished by prision correccional in its minimum and
medium periods.

The concubine shall suffer the penalty of destierro.

To reiterate the definition aforementioned, here are the elements which

constitutes to the crime of concubinage:

1. That the man must be married

2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse under scandalous circumstances
with a woman who is not his wife
c. Cohabitating with her in any other place
3. That as regards the woman, she must know him to be married

Hence, according to People v. Santos: “A married man is liable for

concubinage only when he does any of the three acts specified in Article 334.

If his sexual relations with a woman not his wife is not any of them, he is not

criminally liable.23

As for the penalty and jurisdiction, the Supreme Court of the

Philippines, held that:

“The penalty imposable on the husband who commits

concubinage is prison correccional in its minimum and medium
periods, which ranges from six months. Hence, as regards the
husband, there is no question that concubinage is within the exclusive
original jurisdiction of the inferior courts. The problem concerns the
concubine upon whom the imposable penalty is destierro.” 24

23
People v. Santo et al., C.A., 45 O.G. 2116
24
People v. Eduarte, G.r. No. 88232, February 26, 1990 (accessed date: December 20, 2019)
23
 Hence, concubinage has two penalties therein, one for the husband

and the other for the concubine. Both under the jurisdiction of the inferior

courts. However, the husband may also be liable for both adultery and

concubinage when his concubine is a married woman. 25

Adultery. Article 333 of the Revised Code of the Philippines provides that:

Who are guilty of adultery. — 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 periods.

If the person guilty of adultery committed this offense while

being abandoned without justification by the offended spouse, the

Leonor D. Boado, Notes and cases on the Revised Penal Code, 2018 edition, Rex
25

Bookstore, p. 955
24
 penalty next lower in degree than that provided in the next preceding
paragraph shall be imposed.

The maximum period of imprisonment for adultery is six years, which is

longer than the penalty imposed for those who committed concubinage which

is only four years and 1 day. Additionally, both the adulterer and the person

she cheated with is penalized through imprisonment, while concubinage on

the other hand, only the husband would be imprisoned while the concubine

would only suffer destierro.

Synthesis

The sanctity of marriage is upheld by every state. However,

Philippines, is one of the few countries which holds unto it in a traditional

manner, as the protector of the family. Although Philippine law provides for

legal remedy, one of which is legal separation for infidelity, divorce is still not

recognized therein. Furthermore, as emphasized in the discussion above,

infidelity is one of the major reasons in tearing a family apart. Hence, the

importance of understanding the compelling reasons why people did and are

still doing it despite the consequences.

25
 Though statistics prove that men have more probability to cheat than

women, the quantitative value do not necessarily affect the more important

point which is: the substantive effect of the act done, its weight, and how

gender roles affect the spouses, the family and eventually the society.

Furthermore, the researcher provided the possible reasons that affects ones

decision regarding infidelity, in order to seek for a clearer understanding on

the unfair imposition of penalties regarding adultery as compared to

concubinage. Hence, such inequality had been a problem throughout the

history as well as today.

Specifically speaking, Philippine laws regarding adultery and

concubinage which is discriminatory on the part of the wife. Hence, related

literature where gathered regarding the history of how women are being

punished more than men who committed the same act. First, the difficulty of

proving concubinage compared to adultery, the former, requires the proof that

the husband kept the mistress in the same home as the wife, that the sexual

relationship be committed under scandalous circumstances or that he lives

with the concubine in some other place while the latter only requires that the

wife have a sexual relationship with another man.

26
 CHAPTER III

RESEARCH METHODOLOGY

Research Design

The researcher of this study applied a qualitative- descriptive method

to be able to compare adultery and concubinage as defined by the

Philippine jurisdiction, and to be able to identify the importance of the

proposal for equal penalties. The qualitative- descriptive method gives the

27
specific and definite studies, opinions, and law that would be of great help

to the researcher to derive the results necessary for the study.

Research Instrument

Comparison of Article 333 and Article 334 of the Revised Penal Code

to be able to differentiate adultery and concubinage and researching

related studies, opinions and law that would prove the significance of the

imposition of equal penalties regardless of gender but with regards to the

act done.

The study also includes some cases within the Philippine jurisdiction or

even from other countries which would be related and of significance to

the research topic, in order to determine the important variables which are

contributory to qualifying or rejecting the proposal of the study.

28
 CHAPTER IV

PRESENTATION AND ANALYSIS OF DATA

This chapter includes the presentation and analysis of data gathered

on the differences between adultery and concubinage from the study

conducted for purposes of this research.

1. Differences regarding the codal provisions of adultery and

concubinage

Article 333 of the Revised Article 334 of the Revised

Penal Code Penal Code

Codal Who are guilty of adultery. Any husband who shall
— Adultery is committed by keep a mistress in the
Provision
any married woman who conjugal dwelling, or shall
shall have sexual have sexual intercourse,
intercourse with a man not under scandalous

29
 her husband and by the circumstances, with a
man who has carnal woman who is not his wife,
knowledge of her knowing or shall cohabit with her in
her to be married, even if any other place, shall be
the marriage be punished by prision
subsequently declared correccional in its minimum
void. and medium periods.
Adultery shall be punished The concubine shall suffer
by prision correccional in its the penalty of destierro.
medium and maximum
periods.
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.
Guilty Spouse Wife or the Husband (if the Husband
concubine is also a married
woman)
Elements 1. That the woman is 1. That the man must
married; be married
2. Hat she has sexual 2. That he committed
intercourse with a any of the following
man not her acts:
husband; a. Keeping a
3. That as regards the mistress in
man with whom she the conjugal

30
 has sexual dwelling
intercourse, he must b. Having sexual
know her to be intercourse
married. under
scandalous
circumstances
with a woman
who is not his
wife
c. Cohabitating
with her in
any other
place
3. That as regards the
woman, she must
know him to be
married
Penalties Prison correccional in its Prison correccional in its
medium and maximum minimum and medium
period period

2. Discriminatory provisions regarding adultery and concubinage?

1.1. Justifying reason, which prove that adultery is a graver

crime than concubinage

According to Honorable Luis Reyes: “adultery is more

severely punished than concubinage because the former makes

possible the introduction of another man’s blood into the family so

31
 that the offended husband may have another man’s son bearing

his (husband’s) name and receiving support from him. 26”

1.2. Differences between proving adultery and

concubinage?

Difficulty of proving concubinage compared to adultery, the

former, requires the proof that the husband kept the mistress in the

same home as the wife, that the sexual relationship be committed

under scandalous circumstances or that he lives with the

concubine in some other place while the latter only requires that

the wife have a sexual relationship with another man.

3. Legal remedies for the imposition of equality regarding infidelity

1.1. The 1987 Philippine Constitution provides that “The State

recognizes the role of women in nation-building and shall ensure

the fundamental equality before the law of women and men”

(Article II, Section 14).

1.2. Republic Act No. 9710 or the Magna Carta of Women provides

for the amendment or repeal of laws that are discriminatory to

women including Articles 333 and 334 of the Revised Penal

Code on adultery and concubinage (Section 12).

1.3. The Convention on the Elimination of All Forms of Discrimination

Against Women (CEDAW), which was ratified by the Philippines

in 1981, requires State Parties to modify or abolish existing laws,

Luis B. Reyes, The Revised Penal Code Criminal law, Book Two, 19 th edition, Rex
26

Bookstore, p. 947
32
 regulations, customs, and practices that constitute discrimination

against women (Article 2[g]). It also calls on the States Parties to

take all appropriate measures to eliminate discrimination against

women and ensure equality of men and women in all matters

relating to marriage and family relations (Article 16).

1.4. Amendment on the provisions of Article 333 and 334 of the

Revised Penal Code for:

a. Equal penalties

b. Requisites regarding sexual act constituting to adultery and

concubinage, wherein the difficulty of proving the latter be

removed and be the same with the former.

33
 CHAPTER V

SUMMARY, FINDINGS, CONCLUSIONS AND

RECOMMENDATIONS

The purpose of this chapter is to summarize the study conducted.

Included in this summary are the review of the purpose of the study, the

restatement of the research questions, the research methodology used, and

the summary of the study results, conclusions and discussions.

Recommendations for further research and possible studies are also

presented towards the latter part of this chapter.

SUMMARY

Purpose of the study

This study aimed to a comparative study between adultery and

concubinage for the proposal of equal penalties.

Restatement of Research Questions

Specifically, this study endeavor was geared on providing answer to

the following questions: First, what are the differences regarding adultery and

concubinage specially with regards to their penalties. Second, what are the

discriminatory provisions regarding adultery and concubinage; are there

34
justifying reasons, which prove that adultery is a graver crime than

concubinage, or vice versa; are there differences between proving adultery

and concubinage? Third, what legal remedies may be proposed in order to

relieve Philippines from the discriminatory provisions with respect to infidelity?

Research methodology

The researcher used qualitative descriptive research methodology to

collect information from related jurisprudence, law books, literature which

were of great help in understanding the underlying differences between Article

333 and 334 of the Revised Penal Code, the reason for such, even targeting

the important points as to why there should be equal penalties and eventually

being able to provide the possible legal remedies to straighten out the

inequality in the abovementioned provisions.

35
Summary of findings

From the data met and analyzed, the following findings were presented

in summarized form:

Article 333 of the Revised Penal Code, penalize, the crime of adultery

to a woman who had a sexual relationship with another man who have a

carnal knowledge that she is married. On the other hand, Article 334 of the

Revised Penal Code, punishes, the crime of concubinage to the husband

who had a scandalous sexual relationship with another woman or

cohabitated with her, wherein the concubine must have the carnal

knowledge that he is a married man. While the former provision imprisons

not just the adulterer but also the other man for prison correccional in its

medium and maximum period, the latter imprisons the unfaithful husband

for prison correccional in its minimum and medium period and merely

punishes the concubine with destierro.

Those who are against the inequality between this provisions

contented that the laws promulgated decades ago may no longer be

applicable to the present generation, hence, the need to amend such laws

in order to suffice the very purpose of enacting the law which is to uphold

the sanctity of the family. However, those who agree with the

abovementioned discriminatory provisions, have the summarized

contentions: that since women serve as the light of the family, she should

be the one with the greater responsibility of holding her family together,

with that being said they should not be the one who would cause the fall of
36
 their family by the possibility of introducing another man’s blood into the

family so that the offended husband may have another man’s son bearing

his (husband’s) name and receiving support from him.”

As for the main legal remedy to promote the generality principle which

the law should be equally applied: the provisions of Article 333 and Article

334 should be amended to impose equal penalties and equal burden of

proof necessary to prove the cheating spouse’s criminal act.

Conclusion

37
 The following conclusions were drawn based on the findings above:

There is no question with regards to the differences between Article

333 and Article 334 of the Revised Penal Code, for such are evident on the

mere codal provisions. However, in order to put a legal remedy, there is first a

need to understand why such differences exist and whether or not those

reasons are still applicable to the modern society.

Moreover, it was abovementioned that the heavier penalty for adultery

is just, for the reasons that: she serves as the light of the family and the

danger of introducing an illegitimate child to the family. Such contention bear

some points, but in the present reality, it should be the goal of the law to hold−

not just the light of the family but also the pillar of their home,− equal

responsibility in building the strongest basic social institution one could have.

Recommendations

38
 The researcher offered the following recommendations based on the

findings and conclusions:

1. The researcher recommends the imposition of equal penalties

regarding infidelity, because regardless of gender both acts constitute

of equal weight to the destruction of the modern Filipino family.

2. The researcher suggests removing the element of cohabitation and the

word “scandalous” regarding the husband’s sexual relationship(s) with

his concubine(s).

Bibliography

A. Books

Boado, Leonor D., Notes and cases on the Revised Penal Code, 2018
39
 edition, Rex Bookstore, p. 955

De Leon, Hector S. And Hector S. De Leon. Jr. 2010. “The 1987

Philippine Constitution.” 2009 Edition. Rex Book Store

J. H. Beale, Jr. The Law of Capacity in International Marriages. The

Harvard Law Review Association, Vol. 15. No. 5 Jan., 1902

Reyes, Luis B., The Revised Penal Code Criminal law, Book Two, 19th

edition, Rex Bookstore, p. 947

B. Online Sources

https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1510&context

=djcil (accessed date: December 19, 2019)

https://www.international-divorce.com/2016/11/philippines-laws-on-.

adultery.html (accessed date: December 19, 2019)

https://ifstudies.org/blog/who-cheats-more-the-demographics-of-cheating-.

in-america (accessed date: December 20, 2019)

https://www.fatherly.com/health-science/do-men-cheat-more-than-

women-. infidelity-data/ (accessed date: December 20, 2019)

https://www.psychologytoday.com/us/blog/love-and-sex-in-the-digital-.

age/201707/why-men-and-women-see-infidelity-so-differently

(accessed date: December 20, 2019)

https://www.businessinsider.com/science-of-cheating-2017-8 (accessed .

date: December 20, 2019)

https://www.christianity.com/wiki/christian-terms/what-is-a-concubine-why-.

did-god-allow-men-to-take-concubines-in-the-bible.html (accessed
40
 date: December 20, 2019)

https://www.gotquestions.org/concubine-concubines.html (accessed date:

December 20, 2019)

https://www.biblestudytools.com/topical-verses/bible-verses-about-.

adultery/ (accessed date: December 20, 2019)

https://www.rappler.com/nation/152631-judicial-bar-council-interview-.

persida-acosta-adultery-women (accessed date: December 20, 2019)

https://www.refworld.org/docid/5ad5c6c64.html (accessed date: December

20, 2019)

https://www.manilatimes.net/2015/01/09/legal-advice/dearpao/bigamy-.

committed-abroad-beyond-reach-ph-penal-laws/154314/154314/

(accessed date: December 20, 2019)

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2694&context=ilj

(accessed date: December 20, 2019)

https://www.refworld.org/docid/5ad5c6c64.html (accessed date: December

20, 2019)

C. Philippine Jurisprudence

People v. Eduarte, G.r. No. 88232, February 26, 1990

People v. Santo et al., C.A., 45 O.G. 2116

Lapuz v. Eufemio, 43 SCRA 177

41
42
 APPENDICES

APPENDIX A

“Article 333 of the Revised Penal Code of the Philippines”

43
Who are guilty of adultery. — 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 periods.

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.

APPENDIX B

“Article 334 of the Revised Penal Code of the Philippines”

44
Concubinage. — 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.

The concubine shall suffer the penalty of destierro

45