Gender

Inequality in
Marriage and
Criminal Laws
Lesson • Understand fully the concept

Objectives of gender inequality in

marriage and criminal laws;

• Determine the status of

gender inequality in selected
provisions of these laws; and

• Assess provisions on the

proposed same-sex marriage
legislations
Definition of Terms
Marriage - a special contract of permanent
union between a man and a woman entered
into in accordance with law for the
establishment of conjugal and family life. It is
the foundation of the family and an inviolable
social institution.
 INTRODUCTION

• Marriage is stated as "an inviolable social

institution, is the foundation of the family and
shall be protected by the State" (Art XV, Section
2, 1987 Constitution)
• Under the Family Code, marriage is defined as
"a special contract of permanent union between
a man and a woman entered into in accordance
with law for the establishment of conjugal and
family life" (Article 1, The Family Code of the
Philippines)
 INTRODUCTION

• Various personal laws also presents a picture of

inequality in its provisions apart from the
marital laws:
• The crime of adultery (Article 333 of the Revised
Penal Code)
• The crime of concubinage (Article 334 of the
Revised Penal Code)
• Vagrants and prostitutes pertains only to
women (Article 202 of the Revised Penal Code)
 INTRODUCTION

• Various personal laws also presents a picture of

inequality in its provisions apart from the
marital laws:
• Gender equality issues on night work
prohibition (Article 130 of the Labor Code)
• Disputable presumptions (Rule 131, Section 3 jj
of the Rules of Court) and the Removal of
criminal liability for rapists under RA 8353
 h e Article 96 and
Article 14 of t
124 of the Family
Family Code of
Code of the
the Philippines
The primacy of Philippines

the decision of
the Article 211 and
225 of the Family
husband/father Code of the
Philippines
 Article 14 of the Family Code of the
• Philippines
"In case either or both of the contracting parties, not having been emancipated by a
previous marriage, are between the ages of 18 and 21, they shall, in addition to the
requirements of the preceding articles, exhibit to the local civil registrar, the consent to
their marriage of their father, mother, surviving parent or guardian, or persons having legal
charge of them, in the order mentioned. Such consent shall be manifested in writing by
the interested party, who personally appears before the proper local civil registrar,
or in the form of an affidavit made in the presence of two witnesses and attested
before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to said applications"
Article 96 of the Family Code of the
Philippines • "The administration and enjoyment of
the community property shall belong
to both spouses jointly. In case of
disagreement, the husband's decision shall
prevail, subject to recourse to the
court by the wife for proper remedy,
which must be availed of within five
years from the date of the contract
implementing such decision."
Article 124 of the Family Code of the
Philippines • "The administration and enjoyment of
the conjugal partnership shall belong
to both spouses jointly. In case of
disagreement, the husband's decision shall
prevail, subject to recourse to the
court by the wife for proper remedy,
which must be availed of within five
years from the date of the contract
implementing such decision"
Article 211 of the Family Code of the
Philippines
• "The father and the mother shall
jointly exercise parental authority
over the persons of their common
children. In case of disagreement, the
father's decision shall prevail, unless
there is a judicial order to the contrary"
Article 225 of the Family Code of the
Philippines • "The father and the mother shall
jointly exercise legal guardianship
over the property of the un-
emancipated common child without
the necessity of a court appointment.
In case of disagreement, the father's
decision shall prevail, unless there is a
judicial order to the contrary"
 crime of
adultery
Higher burden
on
women/wives
crime of
than concubinage
men/husbands
• Adultery involves a wife who engages into sexual
intercourse with a man not her husband.
• Concubinage involves a husband who has (1)
sexual intercourse with a woman not his wife
under scandalous circumstances; (2) kept another
woman in the conjugal home; or (3) cohabitating
with another woman in another dwelling.
• The penalty of imprisonment is imposable on
paramour in adultery
• The penalty of destierro or banishment falls on all
concubine
 Forgiveness Clause in the
crime of rape (RA 8353 or the
Anti-Rape Law)
 (RA 8353 or the Anti-Rape
Law)
In the law, it stated that "subsequent valid marriage between the offender and the
offended party shall extinguish the criminal action or the penalty imposed."

It also recognizes that "if the offender is the legal husband, the subsequent
forgiveness by the wife who is the offended party shall extinguish the criminal
action of the penalty."
Exclusive Definition of
Prostitution
 Prostitution
Article 202 of the Revised Penal Code, amended by Republic Act No.
10158, retained the decades-old definition of prostitutes as "women
who, for money or profit, habitually engage in sexual intercourse or
lascivious conduct'

Following this definition, a man who peddles sexual acts for profit, is in
effect, invisible in the eyes of law, thus making the actor thereof immune
to imprisonment.
Summary
The Family Code contains marital laws that
include provisions which depicts gender
inequality. Legislation's on "Same Sex
Marriage" are good initiatives to address this
issue on gender inequality in marital laws.
Criminal laws are not that different as clearly,
some provisions therein, favor the male sex
over the female sex. Worse, this pertains to
crimes, involving penalties for imprisonment.
Thank
you!
HAVE A GREAT DAY!