Bill eyes punishment on extramarital affairs with same sex

MANILA, Philippines—Could the lesbian, gay, bisexual and transgender (LGBT) community be punished for committing adultery or concubinage soon?

Albay Representative Edcel “Grex” Lagman Jr. hopes this would soon be a reality as House Bill 2352 sought amendments to what he felt were obsolete provisions of Article 333 of the Revised Penal Code (Crimes against Chastity).

“As an erstwhile practicing lawyer, I have been consulted by clients who were left without legal action for their erring husbands and wives precisely because there is no law that punishes these kind of extra-marital relationships,” he recalled.

A married woman who commits adultery faces imprisonment while a married man who gets caught having sexual relations with a woman other than his wife faces lesser penalty for committing concubinage.

“I am supportive of gender equality and rights of the LGBT community but we must not limit its concept with 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,” said Lagman.

Lagman, a neophyte lawmaker, said he wanted to broaden the scope of what constitutes adultery to include the members of the LGBT community.

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

“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 added.

“Every person must also be prepared to accept and carry the burden of equal liability and responsibility. That is the true essence of democracy,” he said.

Should Lagman’s measure be signed into law, he said that what it sought to achieve was to place Filipinos on equal footing whether gay or straight.

“A gay or lesbian (person) can now be prosecuted for adultery, legally putting them on equal footing with a man or a woman who knowingly has sexual relations with a married person,” Lagman said.

“With my amendments, there can now be a cause of action for gay and/or lesbian lovers. If this bill passes, legal recourse can now be had by an aggrieved spouse against her husband’s gay lover and or his wife’s lesbian lover,” he added.