CEDAW/C/PHI/5-6
agricultural support system, training and technology. Most migrate to cities or overseas to
work. Rural poverty is most often the push factor for rural women migration.
Article 15
Equality in Law and in Civil Matters
Women’s equality before the law and civil matters; equal opportunities to exercise legal
capacity such as in concluding contracts and property administration; equal treatment in
court procedures, among others
A.
WOMEN’S SITUATION
529. As noted in discussions under previous Articles, Filipino women enjoy equal rights with men
before the law as guaranteed by the Philippine Constitution and other laws.
530. As clearly articulated in RA 7192, women of legal age, regardless of civil status, have the
capacity to act and enter into contracts equal to those of men under similar circumstances. In all
contractual situations where married men have the capacity to act, married women shall have
equal rights. Women are also guaranteed equal treatment in court procedures.
531. As also suggested in other parts of this report, problems persisted concerning enforcement of
the laws. This was noted in the case of labor legislation (Article 11), and with laws concerning
education (Article 10), and health (Article 12).
B.
ACTIONS TAKEN: POLICY DEVELOPMENTS
532. Government agencies are slowly recognizing women’s capacity to act, especially in concluding
contracts, land ownership and property relations. More than ever, married women may now
purchase or lease public lands without a written permit from their husbands. As noted in Article
14, the agrarian reform department protects and promotes the rights of women tillers/farmers
by issuing the emancipation patents/certificate of land ownership awards in the name of both
wife and husband. Similarly, the environment and natural resources department has been
issuing certificates of stewardship contracts to both husband and wife. In 2002, it repealed a
long-standing policy that prohibited married women from applying for homestead patents,
except for certain cases, and requires the written consent of a woman’s husband before she can
apply for the purchase or lease of public lands. After 66 years, Filipino women, regardless of
civil status, shall now enjoy equal rights as men in the filing, acceptance, processing of the
approval for public land applications.
533. In terms of court procedures, a recent development involves the creation of a subcommittee on
the revision of the rules of court in response to the increasing number of cases of child abuse
and on the observation that the country’s rules of procedure and evidence are adult-oriented and
not child-sensitive. The country’s judicial academy formulated a proposed rule on child witness
that allows children to give reliable and sufficient evidence, minimize trauma, and encourage
them to testify in legal proceedings, facilitate the ascertainment of truth and protect the
constitutional right of the accused. The proposed rules include: (a) child presumed to be a
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