CEDAW/C/SR.327
English
Page 15
88. The evaluation of the marriage and family relations laws described in the
second periodic report formed part of the Government's efforts to review
discriminatory legislation. The Family Code was being amended, for example, to
provide for judicial intervention in cases of disagreement between husband and
wife over the administrative enjoyment of their conjugal partnership in
properties and the exercise of joint parental authority and legal guardianship
over the property of unemancipated common children.
89. Current housing policies did not discriminate against women, although the
tediousness of the application process worked against them. The National
Housing Authority encouraged applicants who were common-law wives to register as
the beneficiaries of the housing benefit in order to protect themselves
financially, should the relationship end.
90. Conflicts relating to child custody and the family were resolved by the
court. In cases involving children, the best interest of the child prevailed.
To date, no bill had been filed in Congress to amend article 16 of the Civil
Code, which provided for the annulment of a marriage if the wife became pregnant
by a man other than her husband but was silent about the case of a man who
impregnated a woman not his wife.
91. Article 29 of the Civil Code provided that a married woman 21 years of age
or over was qualified for all acts of civil life, except in cases specified by
law. Those cases were insanity or imbecility, prodigality and civil
interdiction, the latter of which deprived the offender during the time of the
sentence of various rights, including the right of parental authority or
guardianship, the right to marital authority and the right to manage or dispose
of his or her property.
92. With respect to adultery, legislation had been introduced to accord equal
rights to wives and husbands by stating that sexual infidelity on the part of
either spouse was a ground for legal separation. The legislation would further
amend the use of the term “concubinage” to “maintaining a paramour”. As to why
some Philippine women were unable to avail themselves of Muslim law, it must be
remembered that only Muslims were covered by the Code of Muslim Personal Laws,
and not all Philippine women were Muslims.
93. On the subject of the education of women about their rights, she said that
non-governmental organizations, including the Women's Legal Bureau and the Legal
Resources Centre had legal training modules. In addition, alternative law
groups and human rights groups were increasingly integrating women's issues into
their training programmes. While no bill on divorce was pending, the Family
Code provided an alternative to divorce in that one of the grounds for the
declaration of the nullity of a marriage was the psychological incapacity to
fulfil the essential marital obligations. After a woman separated from her
husband, she was entitled to lie separately from him, but the marriage bonds
were not severed. However, since the right to cohabit or live together had
ceased, the husband could not insist on having sexual intercourse with his wife.
94. With regard to the Church's influence in preventing the passage of the
divorce law and the widespread use of contraceptives, as well as in foiling
efforts to decriminalize abortion, she said that the Church had been able to
prevent the passage of the divorce law because a majority of legislators were
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