Gender bias in the law: Examining the adultery and concubinage laws within the Philippines

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ID: 287029
2025
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Abstract
This paper discusses gender bias within the laws of the Philippines. This is not to say the Philippines has not made strides in terms of lessening the gender disparity within its borders. Headway is being made in terms of reaching inclusivity and equality within the country. The United Nations (UN) have set Sustainable Development Goals (SDGs) for their partner countries to combat current societal problems. This paper will focus on SDG 5 which tackles gender equality within the country. The current situation of achieving this goal, within the Philippines, has revealed a measure of parity between men and women, considering the targets and indicators which track this specific SDG progress within the country. However, the problem arises when the constitution states that it strives to make laws as inclusive and as equal as possible, there are still instances wherein this is not the case. This can be seen upon examination of the laws regarding concubinage and adultery; there is a clear difference in the treatment of the two genders. This contradiction of what the Philippine Constitution strives for and, as a result, must be dealt with to better align with the goals set forth by the constitution. This paper utilizes Feminist legal theory also known as Feminist jurisprudence, as it places importance on gender equality rather than maintaining the status quo of one thinking that one gender is superior to another. Feminist Jurisprudence can be used to solve this problem as it takes into account the unique lived experiences of women when it comes to policy making and revisions to current laws. I claim that progress towards the Revised Penal Code of the Philippines, on Adultery and Concubinage can have more progress using the three methods of Feminist Jurisprudence, as it tackles aspects of gender equality in the Philippines. These methods are unmasking the patriarchy, contextual reasoning, and raising awareness.
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persistent_1760660375_68f18b979d281 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Ty, Richard Nicolas B.
Journal Malay Journal
Year 2025
DOI
DOI not found
URL
https://animorepository.dlsu.edu.ph/etdb_philo/28
Keywords Keywords not found

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