2015, para. Eliminating Discrimination Against Women in the Revised Penal Code (RPC): Decriminalizing Adultery and Concubinage. 3. 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. Additionally, your father is also barred from filing a complaint if he has consented or pardoned the illicit acts of the offenders. (Gabriela Women's Party 30 June 2016). She can face up to six years in prison. Article 333 of the Revised Penal Code punishes a married woman for having sexual intercourse with another man. 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. Please find below the list of sources consulted in researching this Information Request. Dear PAO, 247 to apply, the offender must catch his or her spouse in the act of committing sexual intercourse with another person. 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. Bachelet said Brunei’s revised Penal Code would enshrine serious breaches of international human rights law into law. 87. 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. This website uses cookies to ensure you get the best experience on our website. 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) . 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. 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. Articles 333 and 334 of The Revised Penal Codeprovide the following: Art. 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. 10 September 2015. The bill seeks to amend provisions under the Revised Penal Code to ensure the fundamental equality before the law of women and men. N.d.a. 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 the Revised Penal Code, for Art. Article 344 of The Revised Penal Code provides the following: Art. I will be applying for my passport and it will be my first time applying for a government-related document. 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. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. – 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. 4. 12 Sec. 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