G E N D E R S E N S I T I V I T Y A N D T H E

L A W S O N T H E R I G H T S O F W O M E N
A N D C H I L D R E N

GROUP 3
 Jenny Egoc Diana Brillas Andrea Faye Ancla Ailyn Flores

Xyrus De Gusman Jose Manticahon Jeric Advincula GlennJustine Acierto

LEGISLATION ANALYSIS

ARTICLE 333.
WHO ARE GUILTY OF ADULTERY

ARTICLE 334. CONCUBINAGE

 ARTICLE 333
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.
 ARTICLE 334
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.
DO THESE CRIMINAL PROVISIONS PROMOTE GENDER EQUALITY
AND NONDISCRIMINATION? HOW?

No, because of the following reasons:

Elements:
Adultery is easily proven in court with just one important key element: that a married
woman has a carnal knowledge other than his husband while in concubinage for it to lie,
he must keep a mistress in the conjugal dwelling, have a sexual intercourse under
scandalous circumstances with a woman who is not his wife, or cohabit with her in
another place
Penalty:
In adultery and concubinage, women are given the harsher end of the stick with a more
severe penalty with an absolutory clause for the paramour while the concubine has no
remedy out of it.
The law provides that when you are a woman, regardless of whether you are the
adulterer or concubine, you are to be punished harsher than men who engages in a
similar act.
SHOULD ANY OR BOTH CRIMES BE DECRIMINALIZED?

Conflicting Opinions/Views:

For decriminalization:
·High disparity in the elements in adultery vs concubinage
·Unequal imposition of penalties
·Varied appreciation of evidences ultimately precludes a gender equal penal
law

Against decriminalization:
·Negative impact on one’s moral fabric
·Adulterous lifestyle would likely increase because there is no legal
impediment
·Without which, it will give rise to broken families
·Breach in marital vows
Discuss the challenges and considerations in reforming
these provisions to ensure fairness and justice.

Violation in the sanctity of

marriage
Traditional values/culture of
the Filipinos in general
Other legal and social
implications