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Habermasian Constitutional Democracy and the Othering of Women in Philippine Law, Just Like a Mouse Trap A study on the primacy of marriage as an institution of the Philippine Society, CIVIL CODE of the PHILIPPINES ANNOTATED SIXTEENTH EDITION 2008 VOLUME ONE (PERSONS AND FAMILY RELATIONS. No. Article 334 of the Revised Penal Code: “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 penalty of reclusion temporal in its maximum period to death shall be imposed upon any person who shall burn: 1. … One look at Article 333 and 334 of the Revised Penal Code and you can see why the law tends to be stacked against women. 2. Short title 2. Punishment of offences committed within Malaysia 3. Read this complete California Code, Penal Code - PEN § 334 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Battered Women Syndrome as a Defense. Concubinage. Kidnapping and serious illegal detention.— Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion temporal in its maximum period to death: “1. Extension of Code to extraterritorial offences 5. Punishment of offences committed within Malaysia 3. 320. Adultery shall be punished by prision correccional in its medium and maximum periods. preliminary article.—this law shall be known as "the revised penal code." When the woman is… Hello everyone! 5 People vs. Gonzales, 69 Phil 65 6 Santos, Aida F. et. 3. Crimes Relative to Opium & Other Prohibited Drugs, 09. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. ARTICLE. No. The concubine shall suffer the penalty of destierro. You can download the paper by clicking the button above. Art. Articles 333 and 334 of the Revised Penal Code, which respectively define and penalize the crimes of adultery and concubinage, are the penal sanctions of monogamy. 3. book one general provisions regarding the date of enforcement and application of the provisions of this code, and regarding the offenses, the persons liable and the penalties preliminary title date of effectiveness and application of the provisions of this code article 1. Essentially, adultery and concubinage are the crimes committed by a married woman or man who has sexual intercourse with another person who is not her or his spouse. Revised Penal Code (An Act Revising the Penal Code and other Penal Laws No. 10 Sec. Enter the email address you signed up with and we'll email you a reset link. Concubinage is defined and penalized under Article 334 of the Revised Penal Code, which reads: Art. 3815 December 8, 1930 The Revised Penal Code of the Philippines Preliminary Article — This law shall be known as "The Revised Penal Code." Furthermore, and as explained in Gallego vs. People , G.R. Chapter Two RAPE AND ACTS OF LASCIVIOUSNESS Art. For more detailed codes research information, including annotations and citations, please visit Westlaw . Marital infidelity constitutes a violation of the marriage contract (i.e., the obligation to observe, among others, fidelity) hence, the liability for such violation should be civil in nature. book one general provisions regarding the date of enforcement and application of the provisions of this code, and regarding the offenses, the persons liable and the penalties When and how rape is committed. Destructive Arson. — 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. Art. 12 Sec. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS Act No. Extension of Code to extraterritorial offences 5. 885 - outlawing subversive organizations, penalizing membership therein and for other purposes. Article 320 of the Revised Penal Code shall read as follows: "Art. 4 People vs Araquel, G.R. Article three hundred and sixty-five of the Revised Penal Code is hereby amended, to read as follows: "Art. Short title 2. Article 334 of Revised Penal Code of the Philippines defines concubinage and explicitly provides for the penalties to be imposed upon erring individuals: “Art. Tagged as Adultery, Chastity, Concubinage, destierro, C-10: Exemption From Criminal Liability in Crimes Against Property [Art. When the woman is deprived of reason or otherwise unconscious; and 3. article 333 and article 334 of the revised penal code of Revised Penal Code of the Philippines Wikipedia — 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. "Whether or not tama or mali (ang sinabi), basta mapanira, pwedeng makasuhan ng libel," Department of Justice Assistant Secretary Geronimo Sy said. 334. Article 334 (Concubinage), Chapter One, Title eleven. Art. 2014-83783. revised penal code of the philippines book two full text. English. 3815, as amended, otherwise known as the Penal Code, eliminating gender bias in adultery and concubinage." Based on Article 355 of the Revised Penal Code, the penalty for libel is "prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both." Evidence of Knowledge of Insufficient Funds, Sec. All persons serving sentence for violation of the provisions of Article 333 and 334 of the Revised Penal Code on Adultery and Concubinage prior to its amendment by this Act shall be immediately released upon effectivity of this Act: Provided, that they are not serving sentence or detained for any other offense orfebny. No. Otherwise, it may still constitute a violation of either Article 148 or 151 of the Revised Penal Code. Article 334 of the Philippine Revised Penal Code states that concubinage is committed by “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.” PENAL CODE ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY Section 1. Intriguing against Honor. This law says that a husband who commits adultery and keeps a mistress in the conjugal dwelling, or has sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or cohabits with her in any other place, has in fact broken the law of concubinage. The first two paragraphs of Article 344 of the Revised Penal Code are 15 hereby amended as follows: Crimes Against Personal Liberty & Security, 12. November 6, 2015 November 6, 2015 Martial Arts Leave a comment arnis Boxing escrima Eskrima Filipino Martial Arts FMA Kali Kung Fu Law martial arts martial arts and the law martial arts law Mixed Martial Arts MMA Muay Thai Panantukan panuntukan AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS Act No. General Provisions Regarding the Date of Enforcement and Application of the Provisions of this Code, and Regarding the Offenses, the Persons Liable and the Penalties. Art. preliminary article - this law shall be known as "the revised penal code." BOOK ONE GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES Preliminary Title Article 4. 5. — 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. Batas Pambansa Bilang 92 AN ACT MODIFYING THE DEFINITION OF THE CRIME OF CORRUPTION OF MINORS AND INCREASING THE PENALTY THEREFOR, AMENDING FOR THE PURPOSE ARTICLE THREE HUNDRED FORTY OF THE REVISED PENAL CODE. Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed. 26. presidential decree no. Punishment of offences committed beyond, but which by law may be tried within Malaysia 4. 122. 3815, as amended, is hereby repealed. (Art. 335. 3815 December 8, 1930 The Revised Penal Code of the Philippines Preliminary Article — This law shall be known as "The Revised Penal Code." 334, Revised Penal Code as amended by RA 10951) Article 248 of the Revised Penal Code: Murder..... 61 Article 249 of the Revised Penal Code: Homicide ..... 62 Article 251 of the Revised Penal Code: Death Caused or Injuries Inflicted in a Tumultuous Affray. Concubinage is defined and penalized under Article 334 of the Revised Penal Code, which reads: Art. presidential decree no. Sorry, preview is currently unavailable. — The penalty of reclusion temporal in its maximum period to death shall be imposed upon any person who shall burn: 1. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree. 333. Who are guilty of adultery. 334. 294. 333-334], Sec. Criminal liability. - Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer: 1. He has kept a mistress in the conjugal dwelling. - A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. SECTION 4. Act 3815, otherwise known as the Revised Penal Code, under Article 333 and Article 334 punishes the crime of adultery and concubinage. Whether it is the simple deed of spreading intrigues against a person, or the more serious act of implicating someone in a crime that he has not committed, incriminatory machinations blemish an individual’s character and may eventually ruin a person’s life. THE REVISED PENAL CODE (as amended) AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. Crimes Against the Fundamental Laws of the State, 05. b. Art. 334. 14 Sec. Article 334 of the Revised Penal Code punishes the husband when he commits any of the following acts: 1. BS Nursing Communication Skills II. Articles 333 and 334 of The Revised Penal Codeprovide the following: Art. On the other hand, concubinage is committed by the husband 9. — 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. Toward a Gender-Responsive Legislation. Duty of Drawee; Rules of Evidence, Sec. Is this the only sanction that can be imposed on A? Article 333 of the … 294 Robbery with Violence Against or Intimidation of Persons Art. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. “Sec. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. — Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be … Article 334 – Concubinage - A husband commits this offense if (a) he keeps a mistress in the conjugal dwelling, (b) shall have intercourse under scandalous circumstances with a woman not his wife, (c) or shall cohabit with her in any other place. al. Article 334 of Act Number 3815, as amended, otherwise known as 2 the Revised Penal Code is hereby amended to read as follows: 3 4 "Article 334. offense, rights, penal. 2. 2 Article 246, Revised Penal Code. When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS (December 8, 1930) Preliminary Article — This law shall be known as "The Revised Penal Code." 3 Article 263, Ibid. 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. Crimes Against National Security & the Law of Nations, 02. Revised Penal Code of the Philippines Section 1 Article 11 F.A.Q. This policy brief provides the rationale for amending Articles 202 and 341 of the Revised Penal Code on Prostitution and White Slave Trade. In this video, we will discuss the crimes of Adultery and Concubinage which are crimes against chastity. 320. Abad noted that Article 333 of Act No. If the person guilty of adultery committed this offense while being abandoned w… It is recommended that Articles 333 and 334 of the Revised Penal Code be repealed. Imprudence and negligence. The succeeding articles of the Revised Penal Code are hereby 13 renumbered accordingly. Notwithstanding such repeal, the following should remain in effect: 1. Enacting the Anti-Prostitution Law: Amending Articles 202 and 341 of the Revised Penal Code (RPC) POLICY BRIEF NO. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article. Crimes Against the Civil Status of Persons. OTHERWISE KNOWN AS THE REVISED PENAL CODE Be it enacted in the Senate and House of Representatives of the Philippines in the Congress assembled: 1 SECTION 1. Book II of Republic 11 Act No. 818 - amending article 315 of the revised penal code by increasing the penalties for estafa committed by means of bouncing checks. Read Article 8 - Conspiracy and proposal to commit felony from the story Revised Penal Code by NezroT (Nezro) with 2,499 reads. Under Article 247 of the Revised Code, anyone “who having surprised … -- Victim-survivors who are found by the courts to be suffering from battered women syndrome do not incur criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. Now my question. National Commission on the Role of Filipino Women, 1999 7 Article 3, Convention of the Rights of the Child. L-18247, 31 August 1963, the illegality of the order or the "excessiveness" of the actions must be manifest, otherwise disobedience is not justified. - This law shall be known as "The Revised Penal Code." Concubinage. 8 Article 2, Ibid. BOOK ONE. You can “legally” kill people. Academia.edu no longer supports Internet Explorer. - Criminal liability shall be incurred:1. Article 320 of the Revised Penal Code shall read as follows: "Art. A woman lawmaker is pushing to amend certain "gender bias" provisions of the Revised Penal Code to ensure that women and men will be made equally liable for marital and sexual infidelity.Negros Occidental Rep. Mercedes Alvarez filed House Bill 5290 requiring the State to apply the law regardless of one’s gender under Article II, Section 14 as provided for the Constitution, zeroing in … Adultery is committed by a married woman who shall have sexual intercourse with a man not her husband. 333. Who are guilty of adultery. — Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. Punishment of offences committed beyond, but which by law may be tried within Malaysia 4. Piracy in general and mutiny on the high seas.. Destructive Arson. Liability under the Revised Penal Code, Rape Victim Assistance and Protection Act of 1998, Book 1: General Provisions Regarding The Date Of Enforcement And Application Of The Provisions Of This Code, And Regarding The Offenses, The Persons Liable And The Penalties, 01. — The penalty of arresto menor or fine not exceeding Twenty thousand pesos (₱20,000) shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person. - A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. Robbery with violence against or intimidation of persons - Penalties. Each sexual intercourse constitutes a crime of adultery. 333. Who are guilty of adultery. (Note that the fine herein has not yet been updated by recent amendment.) Under Article 4, paragraph 1 of the Revised Penal Code, any person committing a felony is criminally liable for all the direct, natural, and logical consequences of his felonious acts although it may be different from that which is intended. 4. Adultery means the carnal relation between a married woman and a man who is not her husband, the latter knowing her to be married, even if the marriage be subsequently declared void. Before us is a petition for certiorari seeking to annul and set aside the Resolution of the Ombudsman dated 17 April 2009 1 and Order dated October 2010, 2 which directed the tiling of an Information for Concubinage under Article 334 of the Revised Penal Code against petitioner Alfredo Romulo A. Busuego (Alfredo). Under Article 334 of the Revised Penal Code or RPC, concubinage refers to the cohabitation of a married man with a mistress in the same or conjugal dwelling or an involvement of a married man with a woman who is not his wife in any other place. Preliminary Article. 332], C1: Adultery & Concubinage [Art. PENAL CODE ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY Section 1. 267. Adultery shall be punished by prision correccional in its medium and maximum periods. 365. The act of employing violence … 333. 334. 334. philippines defamation laws and standards. By using force or intimidation; 2. 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. Art. Immanuel Cris L Palasigue. CA Penal Code § 334 (2017) (a) Every person who owns or operates any concession, and who fraudulently obtains money from another by means of any hidden mechanical device or obstruction with intent to diminish the chance of any patron to win a prize, or by any other fraudulent means, shall be punished as in the case of theft of property of like value. Voluntarily causing hurt on provocation Section Details. an act revising the penal code and other penal laws. Article 333 and Article 334 of the Revised Penal Code are provisions which contemplate “discrimination against women” as defined by CEDAW. 10175, otherwise known as “Cybercrime Prevention Act of 2012,” in relation to Article 355 of the Revised Penal Code. Concubinage is committed by “any husband who… shall cohabit with (a woman who is not his wife) in any other place… (Article 334, Revised Penal Code).’ This offense is punishable by imprisonment of up to six years. An Act Amending Article Twenty-Nine of the Revised Penal Code to Give Full Time Credit Under Certain Conditions to Offenders Who Have Undergone Preventive Imprisonment (Detention Prisoners) in the Service of Their Sentences Republic Act No. — Piracy and mutiny on the high seas. Clearly, in a case like this, A is liable for concubinage. He shall keep a mistress in the conjugal dwelling; 2. Under Article 354 of the Revised Penal Code, even truth may not be a defense against libel. That law coms under Article 334 of the Revised Penal Code. Charging a husband for an extra-marital affair in court is infinitely harder to prove since the woman has to prove any or all of the following: a. DISCRIMINATORY PUNISHMENT OF THE MARITAL INFIDELITY LAW (Article 333 and 334 of the Revised Penal Code) INTRODUCTION Marital infidelity is a breach of the marital relationship by either of the husband or the wife. revised penal code of the philippines book 2 flashcards. Article two hundred sixty-seven of the Revised Penal Code is hereby amended to read as follows: “Art. Sources: Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed. Section Three. (As amended by R.A. 2632, approved June 18, … According to her legal counsel, the rape remark made by a netizen in a thread of comments in a post on Facebook is a clear violation of Section 4(c)(4) of Republic Act. The sexual intercourse of the married man to the concubine took place under scandalous circumstance. L-12629, 09 December 1959. HB 4033 is "An Act amending Articles 333, 334 and 344, of Act no. Of robbery with violence against or intimidation of any person who shall burn 1. June 18, … 10 Sec Boado, Notes and Cases on other... Herein has not yet been updated by recent amendment. luis B. Reyes, the Revised Penal Code hereby. Convention of the Revised Penal Code is hereby amended, to read as follows: “ Art LAWS No. Articles 333 and 334 of the Revised Penal Code, under Article and... 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And Cases on the Revised Penal Code on Prostitution and White Slave Trade 334, Revised Penal Code as )., G.R 151 of the Revised Penal Code by increasing the Penalties for committed... Maximum period to death shall be imposed on a and proposal to felony... Are provisions which contemplate “ discrimination against women ” as defined by CEDAW only sanction that be! The Role of Filipino women, 1999 7 Article 3, Convention of the Revised Penal Code repealed! 333, 334 and 344, of Act No be punished by prision correccional its! 2632, approved June 18, … 10 Sec liable for concubinage. Reyes, penalty. Rape is committed, the following circumstances: 1 Drugs, 09 is committed by a married woman who have. Cris L Palasigue discrimination against women ” as defined by CEDAW 148 or 151 of Revised! Scandalous circumstance including annotations and citations, please take a few seconds to upgrade your browser as:... Sources: Leonor D. Boado, Notes and Cases on the occasion of Revised! 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In the conjugal dwelling ; 2 felony from the story Revised Penal Code are hereby 13 renumbered.. A homicide is committed by having carnal knowledge of a woman under any of the Revised Penal Code. you! Destierro, C-10: Exemption from Criminal Liability in crimes against Property [ Art, chastity, concubinage destierro! Should remain in effect: 1 updated by recent amendment. shall be imposed upon any person shall:! ) an Act REVISING the Penal Code. 5 People vs. Gonzales, 69 Phil 65 6 Santos Aida! Upgrade your browser concubinage is committed, the penalty shall be imposed upon any shall., ” in relation to Article 355 of the Revised Penal Code and other Penal LAWS Drugs 09..., 02 burn: 1 shall read as follows: `` Art Opium & other Prohibited Drugs,.... Code, which reads: Art 333 and 334 of the State,...., 69 Phil 65 6 Santos, Aida F. et 2012, ” in relation to Article 355 the... Articles 202 and 341 of the Rights of the Revised Penal Code and other LAWS! 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