Jazmine Frances L.

Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023

LEGAL INEQUALITIES:
Disadvantages of Men in the Philippine Legal System
Jazmine Frances L. Ang

I. INTRODUCTION

For a long time, women have been regarded as one who is designated to
stay at home, raise the children, and be a dutiful housewife while men are
perceived as bread-winners. The Philippine culture, with its origins from the
Spaniards, can attest that women are to be “malumanay” or “lady-like” pertaining
to the soft and gentleness in the way a woman speaks, acts and dresses.

Dr. Jose Florante J. Leyson, in the Encyclopedia of Sexuality 1, explains that

this perception traces back to the centuries of a plethora influence. Jose Rizal’s
novels, “Noli Me Tangere” and “El Filibusterismo,” clearly portrays the position
of women in society, coupled with the stigma of “babae ka lang,” one who has no
right to proper academic education and training. Instead, women are considered
weak, and men strong.

Women were perceived never to have needed any quality or proper

education, since it is their responsibility to stay at home, do household chores, and
raising the children to be good catholic kids. Men go to work, attend meetings,
share their opinions about law and order.

1
As cited in Facts and Details (n.d.). Women in the Philippines. Retrieved from <https://factsanddetails.com/
southeast-asia/Philippines/sub5_6c/entry-3876.html>.

The traditional gender roles in Filipino society are strongly influenced by centuries of Islamic culture,
Chinese mores, and 425 years of deep-rooted Spanish Catholic traditions. However, since the 1960s,
traditional Filipino gender culture has been transformed by tremendous Western - European and American -
influences, except in the Muslim-dominated southern islands, which have been much less influenced by
Western contacts. Polygamy, the wife as the husband’s chattel, and deferential behavior of women in the
presence of men are still strong values in the Muslim-dominated areas. The Muslim ideals of feminine
behavior still produce a dependent, inferior, passive, and obedient woman.
xxx
In traditional Chinese society, women were to be obedient to the father and elder brothers when young
(single), to the husband when married, and to their sons when widowed. For Filipinas of Chinese ethnic
origin, marriage was the only means to economic survival. Arranged marriages are still common, with the
clear expectation of male offspring who will maintain the “family business” interests and continuity. A
wife’s position and security within her husband’s family remains ambiguous until she produces a male heir.
These women have no right to divorce or to remarry if widowed. Those who try to defy these traditions
have been ostracized and sometimes driven to depression or even to suicide.
1
Jazmine Frances L. Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023
This stigma has rendered many women helpless, abused, and hurt, with
nowhere to turn to. Abuses can be seen in households and in the workplace, such
as but not limited to domestic abuse, sexual abuse, sexual harassment, and physical
abuse. In fact, it was only in 2014 that the Supreme Court ruled on the first case of
marital rape2.

Our world, from the beginning has been a patriarchal society, however, as
time has played out, feminism has been on the rise and the call for gender equality
increases. From right to suffrage, women today have voices in their communities.
Women are now being heard3. Women’s rights and freedom are constantly
clamored by people from all backgrounds, resulting to a wide variety of studies on
feminism, gender equality, women empowerment, women leadership, and so on.

In the Philippines, the Philippine Commission on Women (PCW) 4

originates from the National Commission on the Role of Filipino Women
(NCRFW), to which through Republic Act 9710, also known as the Magna Carta
for Women, changed its name and extended its mandate.
The Magna Carta of Women (Republic Act No. 9710) defines Gender and
Development Program (GAD) as the development perspective and process that is
participatory and empowering, equitable, sustainable, free from violence, respectful of
human rights, supportive of self-determination and actualization of human potentials. It
seeks to achieve gender equality as a fundamental value that should be reflected in
development choices and contends that women are active agents of development, not just
passive recipients of development5. [emphasis supplied]

Through the Magna Carta of Women, the GAD program creates a gender
mainstreaming strategy to ensure that men and women are placed on equal footing
in society6. As such, government agencies were required to set aside a special fund
for the GAD. This included numerous changes implemented throughout the
Philippine legal system, giving way to equal opportunities for both men and
women.

2
People v. Jumawan, April 21, 2014, G.R. No. 18749.
3
Women’s Voices Now <https://www.womensvoicesnow.org/>, through films, promote women’s rights and
freedom.
4
The Philippine Commission on Women (PCW) is the primary policy-making and coordinating body on women and
gender equality concerns. As the oversight body on women’s concerns, PCW acts as a catalyst for gender
mainstreaming, an authority on women’s concerns, and a lead advocate on gender equality, women’s empowerment,
and women’s human rights. (PCW, Citizen’s Charter).
5
Philippine Guarantee Corporation, n.d. Retrieved from < https://philguarantee.gov.ph/governance/gender-and-
development/>.
6
Ibid.
2
Jazmine Frances L. Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023
In the rise of feminism, both locally and internationally, however, produced
some unforeseen consequences, including inadvertent oversight for the well-being
of men. To put into a disclaimer, this paper continues to appreciate and look up to
laws and statutes that provided specifically for women. At no point does this paper
intend to off-set or counterbalance those that favor women, but only aim to seek out
for the equal opportunities of men as well.

II. PHILIPPINE LAWS/POLICIES FOR WOMEN

The Department of Public Works and Highways (DPWH) provides a list 7

of Philippine laws that relate to women, or in other words, favor women. They are
the following:

 Republic Act 6949: Declaring March 8 as National Women’s Day

 Republic Act 7877: Anti-Sexual Harassment Act of 1995
 Republic Act 8353: Anti-Rape Law of 1997
 Republic Act 8505: Rape Victim Assistance and Protection Act
 Republic Act 9208: Anti-Trafficking Persons Act of 2003
 Republic Act 6949: Anti-Violence against Women & Their Children
Act of 2004
 1981: The Philippines ratified the United Nations Convention in the
elimination of all forms of Discrimination Against Women (CEDAW)
 Republic Act 6725: An Act Strengthening the Prohibition on
Discrimination against Women with respect to Terms and Conditions of
Employment, amending for the purpose Article One Hundred Thirty-
Five of The Labor Code, As Amended
 1993: Guidelines for Developing and Implementing Gender-
Responsive Projects & Programs National Commission on the Role of
Filipino Women / National Economic and Development Authority
 Executive Order 273: Approving and Adopting the Philippine Plan for
Gender-Responsive Development, 1995 to 2025

On top of this, there are other laws that are found more favorable to
women than to men:

 Republic Act 6955: An Act to Declare Unlawful the Practice of

Matching Filipino Women for Marriage to Foreign Nationals on a Mail
Order Basis and other Similar Practices, including the Advertisement,
7
Department of Public Works and Highways, n.d. Women related laws. Retrieved from <
https://www.dpwh.gov.ph/dpwh/GAD/gender/women-related-laws>.
3
Jazmine Frances L. Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023
Publication, Printing or Distribution of Brochures, Fliers and other
Propaganda Materials in Furtherance thereof and providing Penalty
Therefore
 Republic Act 9262: Anti-Violence Against Women and their Children
Act of 2004
 Act No. 3815 – The Revised Penal Code: Article 266-A

As can be seen from the enumerated lists, the Philippines has come a long
way since the Spanish colonial occupation. In fact, the Global Gender Gap
Report8 of the World Economic Forum9, in 2021, ranked the Philippines as a top
performing country since 2006.

 17th out of 156 countries across the world;

 1st in the Association of Southeast Asian Nations; and
 2nd in the Asia-Pacific Region

Senator Angara, in the same article10, also writes:

Consider the Women, Business and Law Index of World Bank which
gauges whether laws, policies, or regulations limit or enable economic opportunities
for women. According to the 2022 report, the Philippines has a perfect score when
it comes to laws and policies which affect women’s work, their pay, and
entrepreneurship. That is, there are no legal barriers for women to have a job, to
get equal pay, or to start a business. In fact, this is affirmed by the comprehensive
women’s rights framework enshrined in R.A. 9710 or the Magna Carta of Women,
which we co-authored while still a member of the House of Representatives.
[emphasis and underscoring supplied]

It is without doubt that the Philippines has been a top-performing country

in terms of its support for women across the globe. Of the laws and statutes laid
before us by the DPWH, this paper intends to shed light on some to highlight the
disadvantage or inequality of men in the provided cases. While it is taken into
consideration the plenitude of statutes available, this paper only covers a few of
those that calls for a more urgent discussion.

A. Republic Act 11210: 105-Day Expanded Maternity Leave Law

8
As the barometer to measure a country or an economy upholds the equality between men and women. (Angara,
2022)
9
Angara, S. (March 20, 2022). Women empowerment in the Philippines. Retrieved from <
https://mb.com.ph/2022/03/20/women-empowerment-in-the-philippines/>.
10
Ibid.
4
Jazmine Frances L. Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023
Prior to July 23, 2018, the allowable maternity leave for mothers with pay is
up to sixty (60) days. However, the enactment of the RA 11210 extended the leave
with pay to up to 105 days, with an option to extend another thirty (30) days
without pay. “This will provide them with ample transition time to regain health
and overall wellness as well as to assume maternal roles before resuming paid
work.11”

To balance the leave provided for parents, Republic Act 8187 also provided
an allowable paternity leave for fathers, specifically husbands, a short leave as well
to care for their babies and wives.

B. Republic Act 8505: Rape Victim Assistance and Protection Act of 1998

Entitled as “An Act Providing Assistance and Protection for Rape Victims,
Establishing for the Purpose a Rape Crisis Center in Every Province and City,
Authorizing the Appropriation of Funds therefor, and for Other Purposes”, RA
8505 aims to provide service and protection for victims of rape.

Section 4 paragraph 3 of said Act states that

For this purpose, a women's desk must be established in every police
precinct throughout the country to provide a police woman to conduct investigation
of complaints of women rape victims. In the same manner, the preliminary
investigation proper or inquest of women rape victims must be assigned to female
prosecutor or prosecutors after the police shall have endorsed all the pertinent
papers thereof to the same office. [emphasis supplied]

As seen in the emphasis, this act caters to women who are victims of rape. It
is clear that rape, to which victims are predominantly women, also happens to men,
albeit not as apparent as female rape victims. In recent years, more and more
research and studies are made, unveiling the sad and bitter reality that men are
victims of rape as well. In fact, our Philippine laws did not recognize men as rape
victims until recently, in 2022, when the provisions of the Revised Penal Code on
rape was amended.

This Rape Victim Assistance and Protection Act of 1998, while intentions
are pure, provides no avenue for male victims to come forward. In fact, no cases of
male rape victims have been decided by the Supreme Court just yet. At the
existence of RA 11648, it is high time for the amendment of this Act, to empower
the male victims, just as much as our society empowers female victims in this case.

11
Section 3, RA 11210.
5
Jazmine Frances L. Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023
C. Act No. 3815 – The Revised Penal Code: Article 335

The provisions in the Revised Penal Code (RPC) with regard to rape has
been revised multiple times. Section III (B) and (C) of this paper shall discuss the
revisions on this provision. Initially, the matter of Rape can be found in Art. 335 of
the RPC12, which writes:
Art. 335. When and how rape is committed. — Rape is committed by having carnal knowledge of a
woman under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present.
[underscoring supplied]

As the scoring supplies, only a woman was legally viewed a victim of rape.
One is criminally liable for rape by having carnal knowledge of a woman. This
statement in itself implies that carnal knowledge other than that of a woman is not
considered rape. Likewise is the same in paragraphs (2) and (3), because not only
is it NOT RAPE when the carnal knowledge is of a man, but more so when he is
not deprived of reason or unconscious, or under the tender age of twelve (12).

However, recent revisions and amendments in 1997 and, eventually, in 2022

includes men as possible victims of rape, and women as possible perpetrators of
rape.

III. LAWS REVISED OR ENACTED FOR EQUALITY

It is only inherent for that as time passes, social structures and culture
changes, which necessitates for laws to be revised, amended, repealed or otherwise
supplied. It is common and customary for laws to be amended.

The Tax Code, or also known as the National Internal Revenue Code of
1997, for instance, was amended five (5) time13; the Intellectual Property Code of
the Philippines was amended three (3) times 14; the Penal Code, when revised,
became the Revised Penal Code, yet provisions within it were still subject to
amendments.
12
As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, 1964.
13
Republic Acts No. 11534 (Corporate Recovery and Tax Incentives for Enterprises, “CREATE”), 11467, 11346,
11256, and its latest amendment, 10963 (Tax Reform for Acceleration and Inclusion Law, “TRAIN Law”).
14
Republic Acts No. 9150, 9502, and 10372.
6
Jazmine Frances L. Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023
A. Republic Act 8187: Paternity Leave Act of 1996

The Paternity Leave Act of 1996, while neither a revision, amendment, or

repulsion of law, is a law created specifically for husbands to take a paid leave of
seven (7) days. The implementation of such Act demonstrates the progress in
making opportunities equal for both men and women. Despite not having
physically fatigued by the act of childbirth, this act implies the law’s recognition of
a husband and father’s duty to his family. The limited available leave for the
married men, however, still does not yield enough opportunity for men to assist
and care for their wives and children.

The Department of Labor and Employment (DOLE) National Wages and

Productivity Commission, in its updated minimum wage for domestic workers 15 in
the National Capital Region (NCR) to be at least Six Thousand Pesos (PHP
6,000.00) with an increased amount of one thousand pesos (PHP 1,000.00). At the
end of 2022, the minimum wage, for non-agriculture, is Five Hundred Seventy
Pesos (PHP570.00) per day. Assuming that the spouses works twenty four (24)
days a month, their monthly income would be at approximately thirteen thousand
six hundred eighty pesos (PHP13,680.00) each, with which SSS, PhilHealth, Pag-
Ibig, other contributions and tax are deducted. This basic salary would not be
sufficient to acquire the services of a domestic worker, pay their bills, and provide
for their new born child.

In fact, providing only seven (7) days paid leave for fathers is not sufficient
to be able to assist the recovery of their wives, who are provided with a one
hundred five-day paid leave. This leaves room for our legislators to make proper
amendments for this Act to enable the parents to cope and adjust with the
responsibilities of bearing a child and building a family.

B. Republic Act 8353: Anti-Rape Law of 1997

As have been briefly discussed in Section II (C), RA 8353 as its formal

title suggests, now considers Rape as a criminal offense under Crimes Against
16

Persons, as opposed to that of Chastity. This is a monumental event for victims

15
Department Of Labor and Employment – National Wages and Productivity Commission. (2023). Current monthly
minimum wage for domestic workers. Retrieved from https://nwpc.dole.gov.ph/stats/current-monthly-minimum-
wage-for-domestic-workers/>.
16
An Act Expanding The Definition Of The Crime Of Rape, Reclassifying The Same As A Crime Against Persons,
Amending For The Purpose Act No. 3815, As Amended, Otherwise Known As The Revised Penal Code, And For
Other Purposes.
7
Jazmine Frances L. Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023
who have suffered such mental and physical abuse, bringing justice to the wrongs
made against them.

This Act revised Art. 335 of the original RPC to have expanded the
commission of rape. It now reads the following, with emphasis made on the added
provisions from Art. 335:
Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault by inserting his penis into another
person's mouth or anal orifice, or any instrument or object, into the genital or anal
orifice of another person.

Paragraph two (2) of this provision now provides protection from boys and
men assaulted by other male perpetrators, or anyone who possesses a penis. This
subtly suggests that women who have undergone through sex exchange may now
be liable for Rape. Yet it is constrained to women who possesses such organ to be
held liable.

C. Republic Act 11648: An Act Promoting for Stronger Protection Against

Rape and Sexual Exploitation and Abuse, Increasing the age for Determining
the Commission of Statutory Rape, amending for the Purpose Act No. 3815, as
amended, otherwise known as "The Revised Penal Code," Republic Act No.
8353, also known as "The Anti-Rape Law Of 1997," and Republic Act No.
7610, as amended, otherwise known as the "Special Protection Of Children
Against Abuse, Exploitation And Discrimination Act"

RA 11648, in amending the next preceding section, was only recently

implemented on March 7, 2022. Almost twenty five (25) years after the last
amendment, the Courts now finally recognize men and women to be perpetrators
of Rape.
Article 266-A. Rape; When and How Committed. - Rape is committed:
"1) By a person who shall have carnal knowledge of another person under any of the
following circumstances:
"x x x
d) When the offended party is under sixteen (16) years of age or is demented, even though
none of the circumstances mentioned above be present: Provided, That there shall be no
8
Jazmine Frances L. Ang
202220886
Juris Doctor
UP Diliman – College of Law
Academic Year 2022 - 2023
criminal liability on the part of a person having carnal knowledge of another person sixteen
(16) years of age when the age difference between the parties is not more than three (3)
years, and the sexual act in question is proven to be consensual, non-abusive, and non-
exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this
exception shall not apply.

"As used in this Act, non-abusive shall mean the absence of undue influence, intimidation,
fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury
or maltreatment, either with intention or through neglect, during the conduct of sexual
activities with the child victim. On the other hand, non-exploitative shall mean there is no
actual or attempted act or acts of unfairly taking advantage of the child's position of
vulnerability, differential power, or trust during the conduct of sexual activities."
[emphasis
supplied]

Paragraph 1 of Art. 266-A now reads that any person who shall have
carnal knowledge of another person shall be criminally liable for rape. This
insinuates that any man or woman who shall sexually take advantage of another
without respect to one’s biological sex can now be held equally liable for the crime
of Rape.

IV. CONCLUSION

It was initially expected that numerous laws would be leaning in favor of

women, provided that in the historical and cultural context of the Philippines,
women are often perceived as the “weaker” sex. However, as time changes, culture
and socio-cultural context, with the aid of technology and globalization, women in
the Philippines as well as the laws abetting to their equality are now rising the
ranks. The statutes discussed in this short paper portrays that on the topic of sexual
assault, men and women are now tried equally. An issue as sensitive as this
deserves only protection of both sexes.

Despite this, however, we also see how there are still some laws that have
inadvertently rendered the men in a little less advantageous, as in the case of
paternity leave. Men, just like women, have the right to be given time to adjust to
the new addition and the responsibilities that come along with it.