FINALS Gender Inequality in Marriage and Criminal Laws

SUBJECT: GENDER AND SOCIETY

TERM: 1st Semester

ACADEMIC YEAR: 2023-2024

Gender Inequality in Marriage and Criminal Laws

Definition of terms

Marriage- a special contract of permanent union between a man and a woman

entered into an accordance with law for the establishment of conjugal and family

life. It is the foundation of the family and an inviolable social institution.

Introduction

Laws in marriage may vary in different states and culture. In the Philippines, marriage is only

based in sex and not in gender.

In Article 15, Section 2 in 1987 Philippines Constitution,

Marriage is stated as “an inviolable social institution, is the foundation of the

family and shall be protected by the state"

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

establishing of the conjugal and family life" (Article 1, The Family Code of the

Philippines)

There are various personal laws also presents a picture of inequality in its provision

apart from the marital laws:

 The Crime of adultery (Article 333 of the Revise Penal Code)

- present harsher requisite than the crime on concubinage.

 The Crime of Concubinage (Article 334 of the Revise Penal Code)

The term Vagrants and the concept of prostitution pertains only to women (Article

202 of the Revised Penal Code)

Gender quality issues on night work prohibition (Article 130 of the Labor Code)

Disputable presumptions (Rule 131, Section 3 of the Rules of the Court) and the

Removal of criminal liability for rapists under RA 8353

The Primacy of the Decision of the husband/ father:

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.

In comes to parental consent to marry, the law is explicitly partial to the father decision, to with or to give
consent to the marriage of the son or the daughter. Thus, if the mother gives her consent to the marriage but
the father object, then there is no valid consent to said marriage. In the other hand, even if the mother has a
serious objection to the marriage, the child father could decide otherwise and the mother reservation will be
left and hidden.

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 the 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"

The above mention provision is automatically giving the father/husband the

authority to decide completely incases the disagreement between couples unless

the wife resort to judicial action.

Higher burden on women/wives that men/husband:

  Crimes of Adultery and Concubinage includes the concept of marital infidelity

 The years of imprisonment of the penalty of both crimes also vary.

 The range of imprisonment in adultery is longer than the case of concubinage.

The paramour or the lover of the married wife in an illicit affair is also imposable

penalty of imprisonment but the concubine or the mistress of the husband only

falls to the penalty of "destierro” or punishment which mean that she is only given

a restraining order and shall not entered the designated places specified by the

Forgiveness Clause in the crime of rape (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

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.

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V. ASSESSMENT

NAME: COURSE:

In a yellow paper, answer the following questions:

What knowledge obtained from gender inequality in marriage and criminal laws can you utilize for:

a. Yourself

b. Family

c. Community

d. Society