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Law, Gender, and the Family in the Philippines

Published online by Cambridge University Press:  02 April 2024

Myrna S. Feliciano
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Abstract

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The author traces the changing social and legal status of the Filipina by examining the shifting Filipino colonial and legal heritage from the immigration of Muslim Malays in the 14th century to the present. She argues that women enjoyed high social standing in what is now the Philippine Republic until colonization by Spain in the 17th century, when Spanish customs, religion, and law imposed many restraints on women. Only with the establishment of the Philippine Republic in 1946 were efforts begun to reverse these restrictive policies. The author focuses particularly on the 1986 Constitution and the changes in the Family Code that have enhanced the legal equality of women within the family. She also calls for continued political work to assure the implementation of existing law and further legal changes that will benefit women.

Type
II. Women, Family, & Law
Information
Law & Society Review , Volume 28 , Issue 3: Special Issue: Law & Society in Southeast Asia , 1994 , pp. 547 - 560
Copyright
Copyright © 1997 by The Law and Society Association.

References

1 Except arts. 42–107 relating to marriage, the application of which was suspended in the Philippines because of the opposition of the Roman Catholic church.

2 Filipinas began entering teaching careers in 1894 when 16 women were graduated as maestras superiores from the Assumption Convent.

3 The Family Code of 1987 (discussed below) has repealed titles III–XV, Book I, of the Civil Code, which dealt with marriage, legal separation, rights and obligations and property relations between husband and wife, the family, paternity and filiation, support, parental authority and emancipation, and age of majority.

4 She mentioned, however, that the predominantly Catholic countries of Italy and Brazil now grant absolute divorce.

5 It states that “no person shall be deprived of life, liberty, or property without due process of law nor shall any person be denied the equal protection of the laws.”

6 The committee has had as members Professor Flerida Ruth P. Romero (1979–84), Justice Jose B. L. Reyes (1964–93), and Justice Ricardo C. Puno, chairpersons; Justice Irene R. Cortés, Justice Eduardo Caguioa, Justice Leonor I. Luciano, Judge Alicia Sempio-Diy, Dean Fortunato I. Gupit, Jr., Professor Ruben F. Balane, Professor Esteban B. Bautista, Professor Araceli T. Baviera, Assistant Secretary Flora C. Eufemio, members; and Dean Bartolome S. Carale, project director.

7 Civil Code art. 85 enumerates minority status, insanity, voidable bigamous marriage, fraud, violence or intimidation, and impotency.