Bills supporting women’s rights filed in House

MANILA, Philippines - Lawmakers are pushing for the removal of certain provisions in the Revised Penal Code that tend to diminish women’s rights.

Representatives Mercedes Alvarez of Negros Occidental, and Emmerenciana de Jesus and Luzviminda Ilagan of Gabriela party-list group recently filed separate bills seeking to amend or scrap certain provisions of the Code, particularly those on property rights and issues of infidelity.

The measures were filed in a bid to make the Philippines comply with the provision in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) that compels governments to “accord women equality with men before the law,” the lawmakers said.

De Jesus and Ilagan filed House Bill 5105 seeking to remove what they said was an unfair disadvantage wives face in property disputes.

The measure would amend Articles 96 of the Family Code of the Philippines, which strikes out the phrase “in case of disagreement, the husband’s decision will prevail, subject to recourse to the court by the wife for proper remedy” in the joint administration and enjoyment of community property.

The bill seeks to repeal the five-year deadline for the wife to take the case to court.

Article 124 is also amended to remove the same language concerning conjugal property.

“The articles that give the husband the preference over unresolved property issues reflect the antiquated view that the husband’s wisdom prevails in all family matters. Giving the wife a chance to challenge this in court does not provide a remedy. It is grossly unfair to a woman, as she has to hire a lawyer and forces her to sue her husband and this strains the marriage,” De Jesus said.

Ilagan said the proposed legislation is included in the priority changes pursued by the Philippine Commission on Women “to rid our laws of many provisions that are discriminatory to women.” 

For her part, Alvarez authored House Bill 5290, which seeks to amend provisions on adultery and concubinage.

She said the state should apply the law regardless of one’s gender under Article 2, Section 14 as mandated by the Constitution.

“The bill seeks to amend provisions under the RPC to ensure the fundamental equality before the law of women and men,” Alvarez said.

She said under Article 333 of the Code, adultery may only be committed by a married woman and by the man who shall have sexual intercourse with her.

She said under Article 334, concubinage may be committed by a husband only under certain conditions, which are difficult to prove.

“These provisions have allowed other married persons not falling within the coverage to perpetuate marital infidelity but remaining unscathed from the application of the law. This measure seeks to eliminate this gender bias,” Alvarez said.

At present, the article provides that adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.

The law provides a penalty of prision correccional for adultery and concubinage.