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Article 333 and Article 334 of the Revised Penal Code of the
Philippines: A Violation of the Equal Protection Clause and the UN
Convention on the Elimination of All Forms of Discrimination
Against Women

UPLOADED BY
Sanchez Dodge

ARTICLE 333 AND ARTICLE 334 OF THE REVISED PENAL

CODE OF THE PHILIPPINES: A VIOLATION OF THE EQUAL

PROTECTION CLAUSE AND THE CONVENTION ON THE

ELIMINATION OF ALL FORMS OF DISCRIMINATION

AGAINST WOMEN

Researchers:

Caincay, Ma. Cyrel

Cornejo, Ann Jill Katherine

Magno, Jon Gilbert

Paquibot, Joan Marie

Sanchez, Rodmarc

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Chapter I The Problem and its Setting

Introduction

King Solomon is a famous character of the Old Testament of the Holy Bible, who,
 King Solomon is a famous character of the Old Testament of the Holy Bible, who,
aside from his enlightening wisdom and knowledge, was also well-known for his sexual

escapades with numerous women who became either his wives or concubines. In the

Book of Kings, it expressly mentioned that King Solomon had seven hundred wives,

princesses and three hundred concubines. It is mind -boggling to even think that a

single man can have such a multiple number of women to do as he pleases. This is, but

understandable because the era in which Solomon lived in was an era that strictly

adhered to a patriarchal form of society in which it placed a primary importance on the

role of the man and diminished the status of women. This is totally in contrast with the

women who were strictly forbidden from such actions and were required to serve their
husband in silence and in utter obedience. Women, in contrast to men who are

unpunished for their adulterous deeds, were stoned to death once found to be guilty of

committing adultery.

Today, in an age of technological advancement and where the civil liberties and

rights of every human being have been properly addressed, in such a way that the

status of men and women and the roles of each in society have been drastically altered

to t he point of equilibrium. We would never think that in todays modern society that the

remnants of an ancient age, such as the Solomonic era, where there was disparity of

the treatment of the opposite sex, would still leave its mark upon the laws of modern
states. But yet it has.

Philippine laws, more specifically, the adultery and concubinage laws still have

residues of inequality and disparity. This is the gist of this study: to assess, scrutinize

and reason the applicability of the adultery and concubinage laws in the Philippines; to

properly address the need for amendment or revision of the aforementioned laws for the

satisfaction of the equal protection clause.

Statement of the Problem

This study investigates the propriety of the existing laws on adultery and

concubinage with regards to the equal protection clause enshrined in the 1987

Philippine Constitution. Various bills have been passed in the Philippine Congress to try

to amend these provisions of the Revised Penal Code. However, up to this point, none

of those House Bills have been passed as a law. This research paper questions the

difference of the elements and penalties of the adultery and concubinage laws, as

provided in the Revised Penal Code, considering the adoption of the Convention on the

Elimination of all forms of Discrimination Against Women (CEDAW) and Magna Carta of

Women in the Philippines. This study intends to raise awareness in approving a

pending amendment that adheres to the equal protection clause, CEDAW, as well as,

Magna Carta of Women.

Specifically, this study seeks to answer the following questions:

I. Do the adultery and concubinage provisions in the Revised Penal Code violate

the equal protection clause?

1. Do the laws in question rest on substantial distinctions, which must be

reasonable?

2. Is the distinction between the provisions of Article 333 and Article 334 with

regards to their respective applicable penalties relevant to the purpose of the law?

3. Does Article 333, in relation to Article 334 of the Revised Penal Code,

not apply equally to each member of the same class?

4. Are the adultery and concubinage laws of the Revised Penal Code limited

in its application for they only apply to the time of its enactment and not applicable to the

current era?
II. Does the Philippines comply with the Convention on the Elimination of All Forms

of Discrimination against Women

1. The Magna Carta of Women have been enacted by the Philippines to

support the Convention on the Elimination of All Forms of Discrimination against

Women.

Thesis Statement

Article 333 Adultery, and Article 334Concubinage of the Revised Penal Code

are unconstitutional for having violated the right to equal protection of the women before

the law since these provisions greatly favors the husband. Adultery, which punishes

women for marital infidelity, is proven by circumstantial evidence. However, for

concubinage, there is an express enumeration as to what constitutes the commission of

concubinage which needs to be proven before guilt is decided. The penalty for adultery

is much heavier compared to that of concubinage. Likewise, these provisions have

violated the Magna Carta of Women in the Philippines and the Convention on the

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