CEDAW/C/PHL/Q/7-8/Add.1
2.
Reconciling in practice conflicting provisions of MCW and PD 1083 (Code
of Muslim Personal Laws [CMPL]) related to marital relations.
2.1 The Philippines remains in the process of reconciling the MCW and PD 1083.
There is no conflict between the two laws in as much as the MCW respects the
cultural identity and integrity of women. The Muslim population views the CMPL
as having primacy over civil law due to its basis in the Koran. Practices such as
polygamy and child marriages are now strongly discouraged and have been regarded
as exception to the general rule.
Functioning of customary justice mechanisms and their relationship to the formal
justice system
2.2 Indigenous Peoples (IP) and Muslim women generally resort first to customary
law and justice mechanisms. When these fail, the case is brought to the formal
justice system which includes the legal complaint mechanism provided under
RA 8371 or the Indigenous Peoples’ Rights Act (IPRA) and PD 1083 (CMPL).
A.
Access to justice and legal complaint mechanisms
3.
Number of cases of discrimination against women that have been received
and processed by the State Party’s Commission on Human Rights (CHR) as
Gender Ombud
3.1 In 2009-2015, CHR rendered 2,394 legal assistance and investigation in
response to alleged human rights violations against women. On MCW violations,
CHR recorded 47 cases, 10 of which have been resolved.
Number of decisions issued by the judiciary in cases of violation of women’s rights
3.2 In 2014, the judiciary decided on 6,059 rape cases, 6,263 cases on Violence
against Women and their Children (VAWC), as defined by R.A. 9262 and 148 cases
of sexual harassment.
Measures to ensure reparation, including adequate compensation for victims
3.3 Victims of violent crimes, including rape, may file claims for compensation
before the Department of Justice (DOJ) Board of Claims pursuant to RA 7309.
Penalties or fines are determined by the courts in accordance with the law, with due
consideration of mitigating and aggravating circumstances and the wealth or means
of the accused.
3.4 In a 2015 landmark decision, the Supreme Court declared a sectarian
educational institution guilty for the illegal dismissal of a female employee for
being pregnant out of wedlock. The Supreme Court ordered compensation for the
complainant.
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