Lesson 23: Gender Inequality in

Marriage and Criminal Laws

Lesson Objectives

Understand fully the concept of gender inequality in marriage

Understand and criminal laws;

Determine the status of gender inequality in selected provisions

Determine of these laws; and

Assess provisions on the proposed same-sex marriage

Assess legislations
 Marriage- a special contract of permanent union between
Definition a man and a woman entered an accordance with law for
the establishment of conjugal and family life. It is the
of terms: foundation of the family and an inviolable social
institution.
 Introduction
Marriage laws in the Philippines are only based on sex and not on gender. In the 1987
Philippine Constitution, 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)
The fact that the specific law provides marriage only for a man and a woman, causes exclusion
of homosexual relationships as it only accommodates heterosexual ones. This deprives members of
the LGBTQ+ of this Constitutionally-enshrined right, afforded Supposedly to every Filipino. Flowing
from that definition, succeeding provisions of marital laws in the Philippines are anchored on the
above inequality.
Apart from marital laws, various personal laws present this picture of inequality in its
provisions. The crime of adultery presents harsher requisites than the crime of concubinage
(Articles 333 and 334 of the Revised Penal Code). Vagrants and prostitutes pertain only to
women (Article 202 of the Revised Penal Code). Gender equality issues on night work + Seriality
prohibition (Article 130 of the Labor Code), disputable presumptions (Rule 131, Section 3 jj of the
Rules of Court) and removal of criminal liability for rapists under RA 8353 should also be visited.
Incorporating gender inequality in various laws are vital to be addressed as
otherwise, this ill concept will further be proliferated
 THE PRIMACY OF THE DECISION OF THE
HUSBAND/FATHER
Under the Article 14 of the Family Code of the Philippines, it is provided that:
"Art. 14. In case either or both contracting parties, not having been emancipated by a
previous marriage, are between the ages of eighteen and twenty-one, 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 official authorized by law to administer oaths. The personal
manifestation shall any be recorded in both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications."(Emphasis supplied)
On the administration and enjoyment of community property or conjugal partnership,
Articles 96 and 124 of the Family Code provide that: "Art. 96. 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 x xx“
"Art. 124. 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 x x x"
 On the exercise of parental authority over the person and
legal guardianship over the property of common children,
Articles 211 and 225 of the Family Code state that:
THE PRIMACY "Art. 211. The father and the mother shall jointly exercise
parental authority over the persons of their common
OF THE children. In case of disagreement, the father's decision
DECISION OF shall prevail, unless there is a judicial order to the contrary
THE x x x" (Emphasis supplied.)
HUSBAND/FAT Art. 225. The father and the mother shall jointly exercise
legal guardianship over the property of the un-
HER emancipated common child without the necessity of
a court appointment. In case of disagreement, the father's
decision shall prevail, unless there isa judicial order to the
contrary. x x x" (Emphasis supplied)
Higher Burden on Women/Wives than
Men/Husbands
The crimes of adultery and concubinage include the concept of marital infidelity.
Adultery involves a wife who engages into sexual intercourse with a man not
her husband, On the other hand, 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) cohabiting with another woman in
another dwelling.
Here, for the crime of adultery to be proven-the mere sexual intercourse with a man
not her husband-will suffice. In contrast, for the crime of adultery-the sexual
intercourse must be committed under scandalous circumstances-not a mere
sexual intercourse.
The wife in an adultery case incurs a higher penalty than that for the erring
husband in concubinage. A penalty of imprisonment is also imposable on paramour in
adultery, but only the penalty of destierro or banishment falls on the
concubine in concubinage
FORGIVENESS CLAUSE IN THE CRIME OF RAPE
(RA 8353 OR THE ANTI-RAPELAW)

The Anti-Rape Law (RA 8353) contains a clause that

can easily exonerate the offender and can further endanger
the victim.
In the law, it was stated that: "subsequent valid
marriage between the offender and the offended party shall
extinguish the criminal action or the penalty imposed.
"This gives an easy-way out for the offender, which in
effect, does not bar him from committing the crime.
Further, it also recognizes that "if the offender is the
legal husband x x x the subsequent forgiveness by the wife
who is the offended party x x x shall extinguish the criminal
action or the penalty.
"This perpetuates violence under the shroud of
marriage which can perpetuate these kinds of abuses for a
long period of time.
 EXCLUSIVE DEFINITION
OF 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 x x x".
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, which contains
marital laws and provisions, include
provisions which depict gender inequality.
Legislations 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