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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