Decriminalization of premature marriages under Article 351 of the revised penal code for being discriminatory against women and violative of the equal protection clause provided in the constitution

• Main Authors: Ching, Virnalyn P., Yap, Adrian Nigel H.
• Format: text
• Language: English
• Published: Animo Repository 2012
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17785
• Institution: De La Salle University

The paper would discuss the law on Premature Marriage provided under Article 351 of the Revised Penal Code. It penalizes women, particularly widows and women whose marriages has been dissolved, who shall contract a subsequent marriage within 301 days from the death of her husband. This is to prevent doubtful paternity and filiation from arising. The Equal Protection Clause under the Constitution guarantees the equal rights and responsibilities of people belonging to the same class. Furthermore, special laws including the Magna Carta of Women and international treaties such as the Convention on the Elimination of All Forms of Discrimination against Women promotes gender equality in of rights as to marriage. Article 351 violates the provisions of these pertinent laws. Also, advent of modern medical technology through DNA analysis gives way to resolve issues on paternity and filiation. Aside from that, the Civil Code provides for a presumption as to a child's paternity in case of doubt. In light of these, there is a need to decriminalize Article 351 of the Revised Penal Code. First, it violates several important laws including the Philippine Constitution which is the highest law of the land. Second, there are now means that could resolve issues on paternity and filiation. Thus ruling out the need for the existence of the law.