CEDAW/C/PHL/7-8 implementation as well as the penalties for noncompliance, and strengthens the PCW as the oversight agency to monitor its implementation. 14. The State Party has in its Constitution the incorporation clause ma ndating that generally accepted principles of international laws and treaties to which the State is a party, forms part of the law of the land. However, in cases where conflict between treaty obligations such as that in the CEDAW, the Philippine Supreme Co urt pointed out that “efforts should first be exerted to harmonize them, so as to give effect to both since it is to be presumed that municipal law was enacted with proper regard for the generally accepted principles of international law in observance of t he Incorporation Clause. In a situation, however, where the conflict is irreconcilable and a choice has to be made between a rule of international law and municipal law, jurisprudence dictates that municipal law should be upheld by the municipal courts for the reason that such courts are organs of municipal law and are accordingly bound by it in all circumstances. The fact that international law has been made part of the law of the land does not pertain to or imply the primacy of international law over national or municipal law in the municipal sphere. The doctrine of incorporation, as applied in most countries, decrees that rules of international law are given equal standing with, but are not superior to, national legislative enactments. Accordingly, the principle lex posterior derogat priori takes effect — a treaty may repeal a statute and a statute may repeal a treaty. Where a treaty and a statute are on an equality, a new treaty prevails over an earlier statute, but it is also the case that a new statute prevails over a treaty.” 15. The State Party, through the Department of Justice (DOJ), opined that while MCW translates CEDAW to national legislation giving it the force and effect of domestic law, the same does not render the CEDAW superior over legislati ve enactments; only on equal footing with local legislation. On adoption of pending bills and systematic review of all legislation 16. The State Party continues its efforts to eliminate the remaining discriminatory provisions under the law and to introduce new laws to address emerging issues. Both the Philippine Senate and the House of Representatives are reviewing existing laws with provisions that are considered discriminatory to women. In relation to the Family Code, bills have been filed to amend provisions on marriage and family relations, such as those that give preference to the husband over that of the wife in case of disagreement in matters involving administration and enjoyment of community property or conjugal partnership of gains; on exercise of parental authority; and on exercise of legal guardianship over the property of the unemancipated common law child. 17. Similarly, in relation to the Revised Penal Code (RPC), bills have been filed to remove the distinction of the crimes of concubinage and adultery, that both be classified as crimes of sexual infidelity and must be equally penalized with prision correccional. Another bill seeks to redefine Article 202 of the RPC by shifting the criminal liability from the prostituted person/s to: (1) th e person who induces, persuades, entices, compels, kidnaps, recruits, transports, organizes travel tours, uses information technology, advertises, for the purpose of exploiting a person/persons for prostitution, or derives profit or advantage from procurin g, transporting, harbouring and prostituting any person, and (2) those who use prostituted persons for their personal gratification. A proposed amendment to the 4/36 15-03079