Chapter-4.5-Laws-on-Marriage-and-Family.pptx

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1. Gender Inequality in Marriage and Criminal Laws

2. Lesson Objectives Understand fully the concept of gender inequality in marriage and criminal laws; Determine the status of gender inequality in selected provisions of these laws; and Assess provisions on the proposed same-sex marriage legislations

3. Definition of Terms Marriage - 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. It is the foundation of the family and an inviolable social institution.

4. INTRODUCTION 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)

5. Various personal laws also presents a picture of inequality in its provisions apart from the marital laws: The crime of adultery (Article 333 of the Revised Penal Code) The crime of concubinage (Article 334 of the Revised Penal Code) Vagrants and prostitutes pertains only to women (Article 202 of the Revised Penal Code) INTRODUCTION

6. INTRODUCTION Various personal laws also presents a picture of inequality in its provisions apart from the marital laws: Gender equality issues on night work prohibition (Article 130 of the Labor Code) Disputable presumptions (Rule 131, Section 3 jj of the Rules of Court) and the Removal of criminal liability for rapists under RA 8353

7. The primacy of the decision of the husband/father Article 14 of the Family Code of the Philippines Article 96 and 124 of the Family Code of the Philippines Article 211 and 225 of the Family Code of the Philippines

8. 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. 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 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"

9. 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."

10. 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"

11. 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 "

12. 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 "

13. Higher burden on women/wives than men/husbands crime of adultery crime of concubinage

14. Adultery involves a wife who engages into sexual intercourse with a man not her husband. 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) cohabitating with another woman in another dwelling. The penalty of imprisonment is imposable on paramour in adultery The penalty of destierro or banishment falls on all concubine

15. Forgiveness Clause in the crime of rape (RA 8353 or the Anti-Rape Law)

16. (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."

17. Exclusive Definition of Prostitution

18. 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.

19. HAVE A GREAT DAY! Thank you!