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Article 333Who are guilty of adultery

Act No. 3815 · Revised Penal CodeKey provision

ELI5— what this means for you

Adultery: a married woman who has sexual intercourse with a man who is not her husband, and the man who has relations with her knowing she is married. Penalty: prision correccional (6 months to 6 years). Note: RA 9262 (VAWC) is also often used in such situations.

Key point

Both the married woman and her partner can be prosecuted for adultery.

Official text — Act No. 3815

Who are guilty of adultery.

-Adultery is committed by any married woman who shall have sexual inter-course 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 periods.

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.

Source: lawphil.net (Act No. 3815 as amended)

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