Marital Infidelity in the Philippines
Reformation behind prison bars
By Maris Gabornes
The1987 Philippine Constitution recognizes the duty of the State to protect and strengthen the family as a basic autonomous social institution.One of the express provisions of the law that helps preserve the sanctity of family life is the Revised Penal Code (RPC), where it penalizes marital infidelity, classified as either adultery or concubinage. However, many consider these particular provisions as discriminatory to women.
By Ace Amulonvg
While both adultery and concubinage constitute marital infidelity, there is evident disparity in the nature and penalties of these crimes. Adultery is committed by a married woman having sexual intercourse with a man not her husband and by her paramour, who knows her to be married. Concubinage, on the other hand, is committed by a married man keeping a mistress in the conjugal dwelling, or, having sexual intercourse under scandalous circumstances, with a woman not his wife, or cohabitating with her in any other place.
The Philippines and Taiwan are the only countries in the Asia-Pacific region where marital infidelity is still criminalized. tial evidence. A married woman will be liable for a single sexual intercourse with another man and each intercourse will constitute adultery. Moreover, the penalty for adultery, which is prision correccional in its medium and maximum periods, is more severe than that of concubinage, which is punishable by prision correccional in its minimum and medium periods. The justification for the disparity is that adultery poses the danger of introducing a spurious heir into the family, thereby obliging a man to support a child not his own and impairing the rights of the real heirs (US vs. Mata, 18 Phil. 490). Supporters of gender equality and women empowerment regard it as a chauvinistic excuse based on gender biases and double standards at the expense of women.
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Prosecuting a married man’s infidelity proves to be harder since the law enumerates specific instances for concubinage to be committed. Hence, a husband’s mere sexual relations with another woman will not constitute concubinage. Even fathering a child with another woman was held to be insufficient proof of concubinage (People vs. Benlot, et. al., 16 C.A. Rep. 539). In contrast, adultery is consummated at the moment of carnal knowledge, which may be established by mere circumstan-
The service of justice does not end with the promulgation of the decision of the court. For the injured party, justice is served upon reparation, restitution, and rehabilitation triggered by the execution of the judgment. For the convicts, reformation sets in. Under the mandate of the Department of Justice, it is the Bureau of Corrections who undertakes reformation programs for the welfare of those imprisoned. In the New Bilibid Prison (NBP), the program categorized activities and projects into six main branches: work and livelihood, healthcare services, education and skills training, sports and recreation, moral and spiritual, and therapeutic community. These six main branches are intended to assist the prisoners with their integration into society once outside the penal institution. The National Penitentiary also offers a college degree program in partnership with the University Of Perpetual Help System Dalta. This is in addition to the regular secondary and compulsory basic literacy classes offered to the inmates. Some of those who have been serving time are already degree holders, with some finishing as many as 3 degrees during their whole stay inside. The NBP allows immersion programs where students socialize with the inmates to know their stories. San Beda College Alabang-College of Arts and Sciences, on several occasions, have sent more than a handful students in the NBP. The inmates freely share their experiences of life before imprisonment, and the circumstances which led to their conviction. However, they are more inclined to talk about life inside the penitentiary. They are animated and full of hope when they narrate how prison life reformed them and how it has helped them both spiritually and financially. They are excited to start new lives if given a chance to be reintegrated into society. Some of them use the livelihood programs to support their families outside.
Whenever opportunity permits, they sell their hand-crafted souvenirs, t-shirts, snacks or even candies to the visitors of the penitentiary. Impressively, the female inmates have already developed solar-powered lamps. In one interview, an inmate optimistically shared, “Pag nakalaya po ako magtatayo ako ng business. Sa lahat po ng natutunan ko dito, kaya ko nang magsimula ng negosyo sa labas. Kaya ko na pong maayos ang buhay ko at ng pamilya ko” As part of the recreation programs, basketball, volleyball, billiards, table tennis, chess tournaments and leagues are held inside the penitentiary. There is also a group of inmates who have developed their artistic skills inside. Some learned how to play musical instruments while others learned to sing and dance. Those who have already seen their performances know of their original composition “Bilangguang Walang Rehas” which has a very catchy tune and a very deep message. On many occasions, the performers have showcased their talents either during their gatherings or student immersions. They even boasted to have already performed before the Congress. Reformation programs are geared towards honing prisoners to become productive citizens once they are freed and reintegrated into society. However, the sad truth is that these people who are trying to change their lives are also struggling due to financial constraints making it hard to continue their livelihood programs. The medical budget stands at a glaring P3.00 for each inmate. With the hustle and bustle of the people’s daily lives, most people are too preoccupied to even think about helping out these reforming brothers and sisters. One should not merely forget and turn a blind eye. Instead, aid must be given where there is lacking. A person need not start a revolution; he just needs to do what he could to help the people around him.
To this day, the Philippines and Taiwan are the only countries in the Asia-Pacific region where marital infidelity is still criminalized. Despite the United Nations’ call for the decriminalization of adultery, the position of the Philippines is unlikely to change anytime soon, as evinced by the draft Criminal Code of the Department of Justice Criminal Code Committee. The draft includes a chapter on Crimes Involving Marriage where adultery and concubinage are still embraced under the crime of marital infidelity, but classifying the offense as a crime against persons. The proposed amendments seek to eliminate gender biases on such crimes tolerated by the existing penal code.
References: Kwaak, Jeyup. South Korea Legalizes Adultery. The Wall Street Journal, 26 February 2015. (http:// www.wsj.com/articles/south-korea-legalizes-adultery-1424935118) Reyes, Luis B., The Revised Penal Code (Criminal Law Book Two). Manila: REX Book Store, 2012. Tan, Nigel. PH Laws that are Unfair to Women on Rappler, 2 April 2014. (http://www.rappler. com/newsbreak/iq/54225-philippine-laws-unfair-women) The Philippine Commission on Women. Enacting the Anti-Marital Infidelity Law. (http://www.pcw. gov.ph/wpla/marital-infidelity-law) Torrevillas, Domini. Amending the Marital Infidelity Law on the Philippine Star, 30 June 2015.
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The Red Chronicles Vol. 9 No. 1
To give aid and reach out, please feel free to contact the Bureau of Correction in the following numbers: +632 850-50-02 +632 807-23-68 October 2015
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