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: