a.
b.
c.
d.
e.
polygamy,
early marriage (at age 15)
arranged marriages (females aged 12-14)
the husband is given the authority to choose the family residence
the husband can deny his permission to his wife to practice a
profession or occupation of her choice.
Under Muslim law, girls are allowed to marry at age 15 rather than age 18. By allowing
girls in the Philippines to marry at such a young age, the Philippine government is
perpetuating a harmful practice to girls that greatly impacts these adolescent women’s
education, health, and their total well-being.
In some indigenous communities, polygamy and abduction for forced cohabitation are
still practiced.
In the CEDAW General Recommendation No. 21 on Equality in Marriage and Family
Relations, the CEDAW Committee identified 18 as the appropriate legal age of marriage
for both men and women.27 The Committee also cited the finding of the World Health
Organization that when girls marry and have children, their health can be adversely
affected and their education impeded.28 In CEDAW General Recommendation No. 19,
the Committee defined forced marriage as a form of violence posing actual threats to
women and perpetuating their subordinate roles in society.29
RECOMMENDATION:
Repeal the discriminatory provisions in the Muslim Code.30
D. Discriminatory Penal Provisions on Adultery (Article 3)
Adultery is still penalized in the Philippines.31 In many countries around the world, the
criminal provisions imposed on adultery have already been repealed.32
The intended purpose of the criminal provision on adultery is protect the rights of real
heirs. However, many adultery cases are filed by estranged husbands who have long
been separated from their wives and who have no intention of reuniting with their wives
nor do they have any intention of supporting the illegitimate child of their wives.33 Many
adultery cases are filed to harass women and sometime to threaten and coerce them to
transfer contested property in the name of the estranged husband.34
RECOMMENDATION:
Repeal the criminal provisions on adultery under the Revised Penal Code.
7