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Should PH Criminalize Cheating Without Divorce Law?

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Janice De Belen Said We should criminalize infidelity if we can't legalize divorce
PHOTO: Facebook/Kaila Estrada
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Renowned actress and television host Janice de Belen has sparked a debate by advocating for the criminalization of infidelity in the absence of divorce laws in the Philippines.

In a post on X, (formerly known as Twitter), Janice posted “kung ayaw nila ng divorce, let's criminalize infidelity.”

We don't know if she's speaking from experience, but it is public knowledge that her marriage to actor John Estrada did not end quite well. 

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The couple tied the knot in 1992, when John was 19 and Janice was 24. The marriage ended in separation in 2004, followed by an annulment. Their relationship was highly publicized, with various issues and controversies making headlines.

READ: Priscilla Meirelles On Rough Patch With John Estrada: 'I have done my part'

Assessing PH Laws On Infidelity

Responding to the tweet of the actress, a lot of netizens shared their sentiments on the next steps for Absolute Divorce Bill. Others have pointed out that infidelity is already criminalized under the law stipulated in the Articles 333 and 334 of the Revised Penal Code of the Philippines. However, the laws are criticized because they "favor men."

In Article 333, it is assumed that adultery is done only by “women” and not by men.

"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," the law said.

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Arguments say that the laws are double-standard because "adultery" only applies to all extramarital affairs by women, while concubinage only applies to men under specific circumstances. Any sexual act outside marriage can be considered adultery for women, while men have more limited conditions for being charged with concubinage.

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