CEDAW/C/PHI/4
English
Page 74
1.
Family Code
(a) Article 46 provides fraud, such as the concealment of pregnancy with
another man, as one of the reasons for annulment of marriage. However, it is
silent on the case of a man who has caused the pregnancy of another women who is
not his wife.
(b) Articles 96, 211 and 225 state that the husband or father's decision
should prevail in case of disagreement in the administration and employment of
community property, parental authority or in the exercise of legal guardianship
over the property of an unemancipated common child.
2.
Civil Code
(a) Article 39 denies an adult married women some legal rights when it
states that "A married woman, 21 years of age or over, is qualified for all acts
of civil life except in cases specified by law".
(b) Article 765 allows the revocation of a donation in case of an act of
ingratitude against the wife of the donor. Why an act of ingratitude against
the husband of the donor is not being made a ground for revocation perpetuates
the double standard.
(c) Article 2238 states that if the husband is insolvent, the
administration of the conjugal partnership or absolute community may be
transferred to the wife or third person. This presumes that the husband
administers the conjugal property.
(d) Article 919 (3) identifies sexual infidelity as one of the causes of
disinheritance between spouses. It defines sexual infidelity as adultery for
women and concubinage for men, again a double standard.
3.
Code of Muslim Personal Laws
(a) Article 27 allows a man to have more than one wife "if he can deal
with them with equal companionship and just treatment as enjoined by Islamic law
and only in exceptional cases", but a woman may not have more than one husband.
(b) Articles 28 and 29 restrict the subsequent marriage of a widow or
divorcee unless she has observed an idda (four months and 10 days from death of
husband or three monthly courses from the date of divorce).
(c) Article 29 allows the husband to take back his wife without the need
of a new marriage, if they are reconciled during her idda; restricts the right
of the wife to acquire any property by gratuitous title, except from her
relatives; and restricts the right of the wife to exercise any profession,
occupation or business.
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