Amended Article 423 text
- Section 1 amends Article 423 to read: “Art. 423.”
- Section 1 provides a penalty of destierro for specified killings or serious physical injuries committed in the act of adultery.
- Section 1 creates an exemption from punishment for certain physical injuries of other kinds.
- Section 1 extends the same rules to the wife in specified circumstances and to certain parents regarding a daughter under eighteen years of age.
- Section 1 imposes a loss of benefits where a person promotes or facilitates prostitution of the wife or daughter.
Husband’s liability under adultery circumstances
- Art. 423 (first paragraph) imposes the penalty of destierro on “any husband who, having surprised his wife in the act of adultery,” kills her or her paramour in the act, or inflicts serious physical injuries upon either.
- Art. 423 (second sentence of first paragraph) exempts from punishment a husband who inflicts physical injuries of any other kind.
- Art. 423 limits the destierro penalty and the exemption to the situation of a “surprised” husband acting “in the act of adultery.”
Wife’s parallel liability and exemption
- Art. 423 (third paragraph) imposes the same penalty of destierro on “the wife” who, having surprised her husband with another woman under the circumstances above mentioned, kills either or both in the act or inflicts serious physical injuries upon them.
- Art. 423 (third paragraph) provides that the wife is exempt from punishment if she inflicts physical injuries of any other kind.
- Art. 423 treats the wife’s liability as parallel to the husband’s liability where the “surprise” and “in the act” elements are present.
Parents and daughter under eighteen
- Art. 423 (fourth paragraph) applies the same rules “under similar circumstances” to the parents.
- Art. 423 (fourth paragraph) applies to “any daughter under eighteen years of age.”
- Art. 423 (fourth paragraph) applies while “the daughter [is] living with the parents.”
- Art. 423 (fourth paragraph) includes the “seducer” as the person whom the parents may act against under the same conditions.
Loss of benefits for promoting prostitution
- Art. 423 (final paragraph) provides that any person who “shall promote or facilitate the prostitution of his wife or daughter” is not entitled to the benefits of this article.
- The forfeiture applies to benefits under Article 423, including the destierro framework and the related exemptions described in the article.
Transitory and separability clauses
- Act No. 3195 provides an effectivity rule on approval in Section 2.
- Act No. 3195 contains no additional separability, sunset, or repealing provisions in the operative sections.