Title
Amendment to Penal Code Article 423 on Adultery
Law
Act No. 3195
Decision Date
Nov 29, 1924
Amendment to the Penal Code in the Philippines allows spouses and parents to escape punishment for killing or inflicting serious physical injuries on their partners or seducers caught in the act of adultery, with the exception of those who promote or facilitate prostitution.

Law Summary

Penalty for Husband or Wife Surprising Spouse in Adultery

  • A husband who catches his wife in the act of adultery and kills the wife or her paramour, or inflicts serious physical injuries, shall be punished by destierro (banishment).
  • If the physical injuries inflicted are not serious, the husband is exempt from punishment.
  • Similarly, a wife who catches her husband with another woman under the same conditions and kills or inflicts serious injuries on either or both, shall also be punished by destierro.
  • If the injuries are less than serious, the wife is exempt from punishment.

Extension to Parents with Respect to Daughters Under Eighteen

  • The same rules (penalties and exemptions) apply to parents who catch their daughter under eighteen years of age living with them and her seducer in the act.

Exclusion from Benefits of this Article

  • Persons who promote or facilitate the prostitution of their wife or daughter are excluded from the benefits of this article, meaning they do not receive the aforementioned exemptions or lighter penalties.

Effectivity

  • The Act takes effect upon approval.

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