Bill to remove 'gender bias' in infidelity cases

MANILA, Philippines - A bill in the House of Representatives seeks to remove "gender bias" in adultery and concubinage cases by renaming the offenses to "marital infidelity." House Bill 5672 proposes to rename the two offenses so both the husband or the wife can be made liable for the crime. "Under Article 333 of the Revised Penal Code, adultery may only be committed by a married woman and by the man who shall have sexual intercourse with her. On the other hand, under Article 334, concubinage may be committed by a husband only under certain conditions which are difficult to prove," author and party list Rep. Narciso Santiago III said in an article on the House of Representatives website. The proposed measure says marital infidelity is an offense committed by any married person who shall have sexual relations with a person other than his or her spouse. It can also be committed by the sexual partner of the married person who knows of his or her status, even if the marriage be subsequently declared void. Santiago said these provisions have allowed other married persons not falling within the coverage to perpetuate marital infidelity but remain unscathed from the application of the law. "The Constitution mandates the State to ensure the fundamental equality before the law of women and men," he said. He added this requires the state to apply the law regardless of one's gender. The bill also provides that a person accused of marital infidelity shall be exempt from criminal liability if the offense was committed after the issuance of a final decree of legal separation by the court. - GMANews.TV