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EMPOWERING WOMEN AND GENDER EQUALITY: AN ASSESSMENT OF

THE ANTI-MARITAL INFIDELITY LAWS OF THE PHILIPPINES

A Thesis Proposal

Submitted in Partial Fulfillment

Of the Requirements for Degree of

Juris Doctorate

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

Sta. Mesa, Manila

By

FRANCISCO, PATRICIA BERTULFO

Juris Doctorate 1-2

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08 October 2016
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Table of Contents

ABSTRACT.......................................................................................................4

I. BACKGROUND OF THE STUDY.....................................................................5

II. STATEMENT OF THE PROBLEM..................................................................7

III. OBJECTIVES OF THE STUDY.....................................................................8

IV. REVIEW OF RELATED LITERATURE...........................................................9

V. METHODOLOGIES.....................................................................................12

VI. RESOURCES:............................................................................................13
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ABSTRACT

The world has long been fighting for gender equality and this has been very

evident in the changes happening in the roles of men and women in the society,

in the workplace and in the Family. The current Philippine Jurisprudence, laws

and statues provide for the affirmation of our stand when it comes to equal

rights, regardless of the Gender. International conventions and treaties are also

in place to protect the equal rights between men and women. However, the

provisions of the Revised Penal Code that defines and treats the Anti-Marital

Infidelities is up for a change.

This study aims to carefully analyze the current provisions of the Revised Penal

Code on Adultery and Concubinage. This also aims to study the pending House

Bills, recommending repealing the laws to remove the gender bias and the clear

patriarchal influence. Results of this study would provide findings on the

analysis of the Anti-Marital Infidelity laws and the suggested amendments that

could prod the competent authority for certain actions.

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I. BACKGROUND OF THE STUDY

Several bills have been filed in the House of Representatives which recommend

reviewing the provisions of the Revised Penal Code on Anti Marital Infidelity

laws. Our present laws on Adultery and Concubinage have long been deemed to

be discriminatory against women.

Article 333 of the Revised Penal Code provides that a wife can be convicted for

a single act of sexual intercourse while under Article 334, a husband is only

liable for concubinage if he keeps a mistress in the conjugal dwelling, had

sexual intercourse under scandalous circumstances with a woman who is not

his wife; or cohabitating with her in any other place. The wife in an adultery

case incurs a heavier penalty than a husband in a concubinage case.

The gender issues behind these two laws are deep rooted to the Philippine

Culture. Being a patriarchal government, several laws have been enacted that

are considered double standard and prejudiced against women who would be

committing the same felony.

But despite the evident gender inequality in these laws, The 16987 Philippine

Constitution provides for the equality of men and women. Section 14, Article II

states that the State recognizes the role of women in nation building and shall

ensure the fundamental equality before the law of women and men.

Current lawmakers recognize the biases in the existing Laws. Senator Pia

Cayetano, author of the Magna Carta for Women (Republic Act 9710) said that
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the grounds under the Revised Penal Code are more difficult when convicting a

married man for concubinage compared to a married woman for adultery. But

with the emerging force of the women lawmakers and supporters of rights of

women and gender equality, there is now a strong call for the revision of these

laws and proposals to decriminalize adultery in the Philippines.

In 2015, House Bill 6010 was filed in the House of Representatives, intending

to criminalize all acts of sexual infidelity by amending the provisions of the

Revised Penal Code on adultery and concubinage. The bill cites the proponents

of this law as discriminatory against women. Magdalo Party-list Representative

Francisco Ashley L. Acedillo, one of the authors of the bill stated that despite

laws promoting equality between men and women, Filipino women continue to

suffer from various forms of inequalities and discrimination. And our laws on

Adultery and Concubinage under the Revised Penal Code are such an example.

Both seek to punish marital infidelity of spouses but provides higher burden on

wives than the husbands. Akbayan Representatives Barry Gutierrez and

Walden Bellow sought to repeal also filed House Bill 3639, referred to as the

Martial Equality Bill, seeks to repeal Article 222 and 334 to decriminalize

adultery and concubinage as they are overwhelmingly prejudicial and

detrimental to the welfare of women and girls.

The paper aims to review Articles 333 and 334 of the Revised Penal Code and

the House Bills 6010, 3639 and 1017, which aims to revise the existing articles

on Adultery and Concubinage respectively. This paper would also provide

recommendations of possible remedies and amendments that need to be

implemented the existing Anti-Marital Infidelity laws.

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II. STATEMENT OF THE PROBLEM

Based on our history, we used to have matriarchal family system before the

Spaniards introduced the patriarchal family system. After a long time of being

colony, we garnered that patriarchal family system. Thus, male always picture

themselves padre de pamilya and superior head. This is very evident, especially

in the laws concerning infidelity committed in marriages. Equality between

men and women in relation to these laws is not impossible to achieve because

the law provides and recognizes its importance. However, despite the provisions

against gender-bias, the repeal of the Anti-Marital Infidelity laws has not

materialized yet.
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III. OBJECTIVES OF THE STUDY

Pursuant to Section 12 of the Magna Carta for Women (Republic Act 9710)

authored by Senator Pia Cayetano, laws shall take steps to review and, when

necessary, amend and/or repeal existing laws that are discriminatory to

women within three years from the effectivity of the act.

This study aims to review the proposed House Bills 6010, 3639 and 1017 to

affirm the need to revise Articles 333 and 334 of the Revised Penal code. The

study aims to address the following questions:

1. Are Articles 333 and 334 discriminatory against women and are clearly a

violation of Republic Act 9710?

2. What are the revisions to be done to Articles 333 and 334 to ensure that

they are responsive to the changes in the Philippine Society?

3. Will House Bills 6010, 3639 and 1017 address the gender inequality on Anti-

Marital Laws and what are the possible amendments need to be made to

remove the biases against women on the existing Anti-Marital Laws?

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IV. REVIEW OF RELATED LITERATURE

Gender differences have become a major issue in the Philippine society. The

gender differences in the Filipino culture can be seen in dating, marriage,

education, workforce, and families. As stated in an article written by Edgar

Perez, during the year 1521 there were evidence that women were able to

divorce their husbands without any problems or costs. Women also had a

central role in society. Back then; the women in history were able to become

political authorities. A shift in gender roles began during the arrival of the

Spanish (Perez, 2013). After the Spanish had arrived, they were stunned by

how much freedom the women had. During the colonization process, the

Spanish rule affected gender differences as the women began to adopt more of

a traditional role (Perez 2013).

Cultures have approached Adultery and Concubinage in different ways. In the

Greco-Roman World, the Roman husband has legal immunity. In the early

Roman Law, the jus tori belonged to the husband and it was not considered a

crime once a husband have sex with a slave or an unmarried woman. The

Hebrew Bible prohibits Adultery in the Seventh Commandment, Thou shall

not commit adultery. Deuteronomic code prescribes stoning not only for female
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extramarital sex, but also for female premarital sex in the case where the

woman lies about her virginity. For the Roman Catholic, the sacrament of

marriage is meant to be permanent and spouses are enabled to represent this

fidelity and witness to it.

The treatment and sanction against men who commits concubinage reflects a

biased against women who committed adultery. Historically, laws on Adultery

were enacted to prevent women and not men- from having sexual relations

with anyone other than their spouses because they were considered the

husbands property. Opponents of adultery laws argue that these laws

maintain social norms which justify violence, discrimination and oppression of

women; in the form of state sanctioned forms of violence such as stoning,

flogging or hanging for adultery; or in the form of individual acts of violence

committed against women by husbands or relatives, such as honor killings,

crimes of passion, and beatings. UN Women has called for the

decriminalization of adultery.

In the present time Philippines, crimes of Anti-Marital infidelities are

considered a gender issue. The excuse provided is that men are expected to be

material providers or breadwinners. (Guerrero 1995; McCann Metro Manila

Make Study 1995. When a husband is confronted for committing infidelity, he

tends to defend himself by stating that his traditional gender role is to provide

for the family and that his role is to take care of the family needs. (Alano 1995,

1994). Concubinage seemed more natural than of females committing Adultery.

Females would prefer to go abroad to carry on the affair instead of remaining in

the Philippines.
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The Philippine Jurisprudence, particularly The Revised Penal Code provides

different treatment between the crime of Adultery and Concubinage. The bias

between the two crimes is very evident in terms of the penalties, although in

nature, they are of the same nature and cause- infidelity. But the Filipina of

the contemporary times are running out of patience with this double standard

type of morality and are now looking for equality. It is acknowledged that after

the passage of the Family Code and the Revised Penal Code, and despite the

equal treatment of men and women under the law, these laws remain biased

against women.

Gender equality is a fundamental human right. Since the Philippine ratification

of the Convention on the Elimination of Discrimination against Women

(CEDAW) in 1981, significant strides have been taken to address some of the

gender concerns of women. Equality has been extensively analyzed and

intensely debated on by feminists that there is no simple way to define it. Under

CEDAW, discrimination against women is defined as any distinction, exclusion

or restriction made on the basis of sex which has the effect or purpose of

impairing or nullifying the recognition, enjoyment or exercise by women,

irrespective of their marital status, on the basis of equality of men and women,

of human rights and fundamental freedoms in the political, economic, social,

cultural, civil or any other field. Pursuant to this, the enactment of the House

Bills against Anti-Marital Infidelities is nothing but timely.

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V. METHODOLOGIES

This is a qualitative study that will use descriptive and historical approaches in

addressing the subject. This will be a critical analysis of the existing laws

concerning the Anti-Marital Infidelity and its need to be amended as a

response to the evolving Philippine Culture of promoting gender equality

between men and women. This will also allow to review and the recommend

amendments and provide criticisms on the House Bills filed whose aims are to

amend the Anti-Marital Infidelity laws.

This study will use the following methods of data collection and analysis:

1. Inclusive Literature Review

The existing literature and researches made in relation to the topic will be the

vital foundation of this study. The researcher aims to review the current studies

made regarding the concepts and the views of other authors as well. Primary

sources would include the current laws and statutes. Secondary sources would

also include books and commentaries. The paper will also use the 1987
Philippine Constitution, Articles on the Convention of the Elimination of All

Forms of Discrimination against Women (CEDAW) and the Magna Carta for

Women. The foundation of the study will also be based on the Legal Equality

Doctrine.

2. Review of the Proposed House Bills

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A review on the proposed House Bills addressing the prejudice against Women

in relation to the Anti-Marital Infidelity Laws will be done through a critical

understanding of the provisions.

VI. RESOURCES:

Section 14, Article II, 1987 Philippine Constitution

Art. 333, 334 of the Revised Penal Code

Section 12, Magna Carta for Women (Republic Act 9710)

Alano, M. (1995). INFIDELITY: THE QUERIDA SYSTEM IN THE PHILIPPINES.

Philippine Journal of Psychology, 27 (1-2), 59-103

Decriminalization of adultery and defenses". Retrieved from

http://www.endvawnow.org/en/articles/738-decriminalization-of-adultery-

and-defenses.html.

"Statement by the United Nations Working Group on discrimination against

women in law and in practice". ohchr.org.

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Perez, E. (2013, December 17). PHILIPPINE WOMEN'S ROLE AND GENDER

EQUALITY. Retrieved February 25, 2015, from

http://theologasia.ph/philippine-womens-role-and-gender-equality/

Press and Public Affairs Bureau. (20 September 2015). Solons want to

criminalize any and all acts of sexual infidelity, House of Representatives,

Retrieved from http://www.congress.gov.ph/press/details.php?pressid=8975