Salvador, Jolina L

BSE 1-B

“Uncovering Gender Bias in the Philippine Justice System: Unpacking the

Unfairness”

The inclination to favor one gender over another is known as gender bias, It can
show itself in daily life as anything from subtle preconceptions to overt discrimination.
This pervasive force affects individuals, communities, and society as a whole, impeding
growth and upholding inequity.

Gender bias has been a persistent problem in the Philippines, especially in the
justice system. Women face discrimination and inequality on a daily basis in every
nation on Earth. In their own marriages as well as at home and in the community, they
experience violence, abuse, and unfair treatment. Although men are subjected to unfair
treatment as well, there is no denying that women suffer from prejudice to an extreme
degree. Women have long been victims of discrimination and inequality, and this is
evident in various laws and policies that still exist today. One of these is Article 333 and
334 of the Revised Penal Code, which pertains to adultery and concubinage.

The crime of adultery as defined and penalized under Article 333 of the Revised
Penal Code (RPC). Any married woman who has sexual intercourse with a man who is
not her husband. The man who has sexual intercourse with the married woman,
knowing that she is married. This applies even if the marriage is subsequently declared
void. Both the married woman and the man can be punished by prision correccional in
its medium and maximum periods. This translates to imprisonment for a range of 2
years and 4 months to 6 years. If the guilty person committed adultery while being
abandoned without justification by the offended spouse, the penalty is one degree
lower.
 A woman Is not guilty of adultery if the sex act resulted from rape. Some states
recognize ignorance of the accused regarding the marital status of his or her sexual
partner as a defense. In a few jurisdictions only the married party can be prosecuted for
adultery. If the other party to the relationship is not married, he or she may be
prosecuted for fornication instead of adultery (Wikipedia)

Concubinage, as defined in Article 334 of the Revised Penal Code (RPC) of the
Philippines, is a crime committed by a married man who keeps a mistress in the
conjugal dwelling or has sexual intercourse under scandalous circumstances with a
woman who is not his wife; or Cohabits with her in any other place. The husband, upon
conviction, faces imprisonment under prision correccional in its minimum and medium
periods (6 months and 1 day to 4 years and 1 month). The woman (mistress) can only
be punished with destierro (banishment), but only upon complaint by the wife.

Concubinage is quite difficult to achieve, but filing for adultery is definitely

trouble-free. The husband might file a complaint against her wife with just proof of their
sexual encounters.

Both offenses are punishable by imprisonment, as well as civil penalties such as

damages and loss of conjugal rights. At first glance, these laws may seem fair and just.
After all, they aim to protect the sanctity of marriage and punish those who commit
infidelity. However, upon closer inspection, it becomes clear that these laws are
inherently biased.

Adultery is only considered a crime if committed by a married woman. This

means that if a married man engages in sexual relations with another woman, it is not
considered adultery but rather concubinage. This double standard sends a message
that men can engage in extramarital affairs without facing the same consequences as
women.

The term “adultery” Itself implies that a woman’s body belongs to her husband,
and any sexual activity outside of marriage is considered a violation of his rights. This
reinforces the idea of men having control over their wives’ bodies and actions, while
women are expected to remain faithful and submissive.

According to Philippine Commission on Women adultery laws have often

criminalized the act for women but not men, or imposed harsher penalties on women.
This stems from patriarchal views of female chastity as crucial for family honor and
lineage. For example, the Philippine Revised Penal Code previously criminalized
adultery only for married women and their male partners, while concubinage by married
men was considered a lesser offense.

According to gender equality and infidelity, many countries allow men to take
mistresses or concubines with minimal legal or social consequences, further
normalizing and legitimizing men’s extramarital affairs while women face condemnation
and potential legal repercussions.

In societies with traditional gender roles, women often have less power and
agency within marriage, making them more vulnerable to accusations of adultery based
on the husband’s claims, even if unfounded (Cox, 2022)

Additionally, these laws often work against women who are victims of domestic
violence. In many cases, women who have been abused by their husbands turn to other
men for comfort and support. However, under these laws, they can be accused of
adultery and face harsh punishments instead of receiving help and protection. This
further victimizes and silences women who are already suffering from abuse.

The legal status of adultery and concubinage varies widely depending on the
country. In many countries, they are no longer criminal offenses, while in others, they
may be grounds for divorce or legal separation (Wikipedia).

In the Philippines, adultery and concubinage are illegal. Both are classified as
sexual infidelity in the Family Code and as “crimes against chastity” under the
Philippines’ Revised Penal Code. Wives are discriminated against by the law. Only a
woman and her paramour are capable of committing the crime of adultery.
 Women are severely disadvantaged by this law. The Philippines does not allow
for divorce, and abandoned wives are frequently forced into marriage by false
accusations of infidelity to grant their husband’s requests to have the marriage
dissolved. According to the Philippine Commission on Women, “women who face these
threats frequently have to give up their rightful claims to custody of their children, and
some are even forced to give up their claims to assets and other marital interests.

One may argue that these laws are necessary to protect the institution of
marriage. However, it is important to note that these laws do not apply to men who
engage in sexual activities outside of marriage with single women or prostitutes. This
again highlights the gender bias present in these laws, as they only target married
women and not men.

It Is clear that Article 333 and 334 of the Revised Penal Code need to be
reformed or abolished altogether. These laws not only perpetuate gender bias but also
fail to address the root causes of infidelity and domestic violence. Instead of punishing
individuals, the focus should be on promoting healthy and respectful relationships.

In my opinion, we can solve and do the inequality in this case by revising or

changing the law. These two cases should have the same punishment and result in
each case. Women should not have the same rights as men. They both commit the
same crime, the only difference is gender. Let’s promote gender equality and end
discrimination

In conclusion, Article 333 and 334 of the Revised Penal Code may seem like
simple laws to protect marriage, but they are deeply rooted in gender bias and
inequality. It is time for the Philippine justice system to acknowledge and address these
issues and work towards creating a more just and equal society for all. Repealing or
amending these laws is a step in the right direction towards true gender equality.
References

Philippine Commission on Woman:

https://pcw.gov.ph/laws-and-policies-on-women/

Gender Equality and Infidelity:

https://www.psychologytoday.com/us/basics/infidelity

A Double Standard for Adultery: Why Women Pay the Price:

https://www.americansurveycenter.org/a-moral-double-standard-on-marital-infidelity/

Adultery

https://en.wikipedia.org/wiki/Adultery_laws

https://legal-dictionary.thefreedictionary.com/adultery

Philippine Commission on Woman

https://pcw.gov.ph/assets/files/2019/10/PCW-WPLA-PB-02-Repeal-of-RPC-provisions-on-Adultery-and-
Concubinage-AEB.pdf?x39094

Article 333:

https://dreamcatcher0803.wordpress.com/2017/10/13/discriminatory-punishment-of-the-marital-
infidelity-law-article-333-and-334-of-the-revised-penal-code/

Explanation and legal resources:

https://legalresource.ph/adultery-a333-revised-penal-code/

Policy brief on repealing adultery and concubinage provisions:

https://pcw.gov.ph/assets/files/2019/07/PCW-WPLA-Policy-Brief-3-Adultery-Concubinage.pdf?x27139