GENDER INE 23 U, LESSON 23] Cpa NAC au ae IN MARRIAGE AND Lesson Objectives: youare expected to: ke understand fully gender inequality in marriage and criminal laws; 2. © determine the status of gender inequality in Selected provisions of these laws; and 3. Assess provisions on the proposed same-sex marriage legislations. Deir naciant lege) IS eter ltcen tc lanai sisgnenE ali oleracea icin eeu} woman/entered into jh accordance with law for the establishment of conjugal end family life. tis the foundation of the family and an inviolal tI Tessier, 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) 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). 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 Jaws 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. ‘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 Unit LV: Political-Legal Perspective in Genderand Sexuality — [EUZJ30 of the Labor Code), disputable presumptions (Rule 131, Section 3 jj of prohibition (Article x: jer RA 8353 should also be the Rules of Court) and removal of criminal liability for rapists und 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, itis provided that: “Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, ae between the ages of eighteen and twenty. one, they shall, in addition to the requirements of the preceding articles, © ive to the local civil registrar, the consent to their marriage of their father, th surviving parent or guardian, or persons having legal charge of thew, ts the order mentioned. Such consent shall be manifested in writing by the inene i party, who personally appears before the proper local civil resitras, ar as ch, form of an affidavit made in the presence of two witnesses and atten ae - official authorized by law to administer oaths. The personal andere teal ‘A Course Module for Gender and Society: A Human Ecological Approachbe recorded i icine, fe re coe el in Eo applications for marriage license, and the affidavit, if one is one ‘ead, shall be attached to said applications.” (Emphasis supplied) On the administration and enj : ioyment of community property or conjugal partnership, Articles 96 and 124 of the Family Code provide that: propery an “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 x x” “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: “Art. 211. 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 x xx” (Emphasis supplied.) ‘Art. 225, 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. xx x” (Emphasis supplied) Unit IV: PoiticalsLegal Perspective in Gender and SexualityNDS marital infidelity, [VES THAN MEN/HUSBA! Qf include the concept ©! rl rcourse with a man not her husband, hho has: (1) sexual intercourse with woman in the conjugal HIGHER BURDEN ON WOMEN/WI The crimes of adultery and concubinag: Adultery involves a wife who engages into sexual inte On the other hand, concubinage involves a husband w' woman not his wife under scandalous circumstances; (2) home; or (3) cohabiting with another woman in another kept anothe dwelling. ere sexual intercourse with a man fadultery-the sexual intercourse ‘xual intercourse. Here, for the crime of adultery to be proven-the m not her husband-will suffice. In contrast, for the crime o| must be committed under scandalous circumstances-not a mere se ty than that for the erring husband The wife in an adultery case incurs a higher penal able on paramour in adultery, but in concubinage. A penalty of imprisonment is also impos 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- RAPE LAW) 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 kinds of abuses for a long period of time. can perpetuate thes, EXCLUSIVE DEFINITION OF PROSTITUTION Article 202 of the Revised Penal Code, amended by Republi Z ‘public Act No. 101 i . 10158, retained the decades-old definition of prostitutes as “women who, for money or in sexual intercourse or lascivious conduct x x x”. Profit, habitually engage Following this definition, a man who peddles sexual acts for profi i i ; Profit, i in the eyes of law, thus, making the actor thereof immune to i " to imprisonmey nt effect, invisible ‘A Course Module for Gender and Society: A Human F Ecological Ay PProach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. Online Sources http:/[Link] hitp://sc,[Link] http:/[Link]! https//wwwofficialgazette govPh! Unit IV; Political-Legal Perspective in Gender and Sexuality EE