Bill seeks to criminalize same sex adultery

MANILA, Philippines - A neophyte lawmaker has filed a bill seeking to criminalize same sex adultery in the country.

Albay Rep. Edcel Lagman Jr. filed House Bill 2352 that would amend provisions of Article 333 of the Revised Penal Code, covering crimes against chastity, by broadening the scope of what constitutes adultery.

He said his proposal would plug a loophole in the Revised Penal Code on such relationships involving lesbians, gays, bisexuals and transgenders (LGBT).

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Under the law, if a married woman has sexual intercourse with a man other than her husband, she commits adultery with a penalty of prison correcional in its medium and maximum periods.

On the other hand, if a married man has sexual intercourse in a scandalous manner with a woman other than his wife, then he commits concubinage, which carries a lesser penalty.

“But what if a married woman engages in a sexual activity with another woman? Conversely, what if the married man engages in a sexual activity with another man? Under the present law, no crime is committed here,” Lagman said.

He said over the years, people all over the world have started to accept and respect the rights of the LGBT sector. As a result, some countries and states all over the world are starting to legalize same-sex marriages.

Lagman noted there are pending bills in Congress that aim to secure the rights of the LGBT community and develop gender equality.

“In the Philippines, I believe a cultural change is required, especially in the context where LGBT liberties invariably take center stage and, unfortunately, put on the periphery responsibilities and possible sanctions that they ought to contend with,” Lagman said.

“I am supportive of gender equality and rights of the LGBT community but we must not limit its concept to the positive side of things. Just like in marriage, equality should be present ‘for better or for worse.’ Meaning, equality must be upheld both in the rewards as well as in the sanctions for violations handed by society through innovative laws,” he added.

Lagman stressed the important facet of these amendments is that a gay and/or lesbian can now be prosecuted for adultery, legally putting them on equal footing with a man and/or a woman who knowingly has sexual relations with a married person.

He said the law as it now stands only provides a cause of action against men and women who carry on extramarital affairs with full knowledge that their lovers are married.