Professional Documents
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Law On Premature Marriage
Law On Premature Marriage
Frederick B. Nebaten
Such law was promulgated most importantly for women who are not
pregnant or women who are not sure whether they are pregnant from their
previous marriage to avoid confusion on the paternity or filiation of any child
that may be born under such circumstances. The question is why 301 days or
ten (10) months when normal pregnancy lasts only nine (9) months. It is
because the law accept possibility that a woman maybe in pregnancy for more
than nine (9) months or retarded conception as in the case of U.S. vs. Dulay, 10
Phil. 305. For those who are pregnant during the death of their husband, the
law applies only until delivery while disregarding women who in their first
marriage proved that the husband was impotent or sterile.
The purpose of the law in general was for the protection of any child in
given cases to preserve their rights but such cases can now be easily resolved
through science and with the use of medical technologies like DNA or
Deoxyribonucleic Acid and Genetic Engineering, paternal or maternal lineage
are now easy to distinguish making the existing law obsolete and turning it like
discriminatory law against women.
Moreover the law does not respond with countrys obligation on
International Law on Convention on the Elimination of all Forms of
Discrimination Against Women, Article 16 mandates that, states parties shall
take all appropriate measure to eliminate discrimination against women in all
matters relating to marriage and family relations. Also there are remedies
provided by the Family Code of the Philippines in resolution of the filiations of a
child, Article 168 says that, if a child was born before the lapse of 180 days
after the celebration of second (2nd) marriage is considered to have been
conceived with her first (1st) marriage; and if a child was born after 180 days
following celebration of second (2nd) marriage, whether within 300 days after
termination of the first (1st) marriage or afterwards, the child is considered to
have been conceived during the second (2nd) marriage.
As Senator Nancy Binay told in an interview, Although there have been
no known conviction for violation of Article 351 of the Revised Penal Code, it is
high time that Congress takes the necessary step to abolish provisions of our
laws which are antiquated and serve no other purpose other than to perpetuate
discrimination against women.