CEDAW/C/PHI/5-6
B.
ACTIONS TAKEN
Policy Developments
547. The Family Code of 1997 removed many of the discriminatory provisions under the Civil
Code. It equalized the age requirements to contract marriage at 18 years old; and gave joint
authority to husband and wife over their children and to administer the conjugal property and
choose the family residence. It gave the wife the right to exercise her profession or career and
to accept gifts without the need of her husband’s consent, to remarry even before the expiration
of 300 days after the husband’s death, and the right to retain parental authority over her
children after remarriage. The Code also broadened the grounds for legal separation to include
repeated violence, psychological incapacity, homosexuality and lesbianism and drug addiction.
It substituted “sexual infidelity” of the respondent spouse for "adultery on the part of the wife
and concubinage on the part of the husband" as a ground for separation.
548. In 1998, RA 8533 amended the Family Code. Under the Old Code, an action or defense for the
declaration of nullity of marriage based on psychological incapacity shall prescribe in ten years
from the passage of said Code. The new law changed that rule hence such action or defense
shall no longer prescribe.
549. Republic Act 8187, or the Paternity Leave Act of 1996, provides every married male employee
in the private and public sectors seven days paid leave if his legitimate spouse has delivered a
child or suffered a miscarriage, to allow him to lend support to her in her period of recovery
and in nursing the newborn child. However, the period of seven days is too short a time to
assist a wife and newborn child. Besides, the law grants the benefit to married employees only.
It discriminates against unmarried fathers and mothers, without impediment to marry each
other, because their choice not to be married disqualifies them to avail of this benefit.
550. Another law that is expected to assist women caught in difficult family situations is the Family
Courts Act of 1997 (RA 8369). This law mandates the establishment of family courts in major
cities all over the country, granting them exclusive original jurisdiction over child and family
cases. They include guardianship, annulment of marriage, declaration of nullity and legal
separation, summary judicial proceedings under the Family Code, adoption, custody, support,
constitution of the family home and cases of domestic violence against women and children. A
related law is the Domestic Adoption Act of 1998 (RA 8552). Through this law, the State seeks
to provide alternative protection and assistance through foster care adoption to neglected,
orphaned or abandoned children.
551. Recognizing the rising incidence of solo parents, mostly women, Congress passed the Solo
Parents Welfare Act of 2000 (RA 8972), which provides for a comprehensive program of social
development and welfare services for solo parents and their children (see also Article 11). The
law tasked various agencies to implement programs/services such as flexible work
arrangements and parental leave of seven working days, livelihood development services,
educational and housing benefits, among others.
552. The Early Childhood Care and Development (ECCD) Act of 2000 institutionalizes a
comprehensive, integrated and sustainable national ECCD system. It promotes the active
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