In 1987, the government of the Philippines introduced a Constitution that affirms equality for all citizens, regardless of gender. Still, significant gender imbalances remain and customary laws that discriminate against women prevail, particularly in rural areas where girls and boys have unequal access to education, and men and women have different employment opportunities. In the cities, government agencies are slowly recognising women’s rights and granting them legal authority to exercise those rights, especially in concluding contracts, and owning land or property.
Women in the Philippines have a relatively high degree of protection within the family context. Their situation improved with the promulgation of the 1997 Family Code, which removed several discriminatory provisions under the Civil Code. The Family Code set the legal age of marriage at 18 years for both men and women. Still, the incidence of early marriage is somewhat elevated: a 2004 United Nations report estimated that 10 per cent of girls between 15 and 19 years of age were married, divorced or widowed. Other sources indicate that women’s age at first marriage is increasing in the Philippines, and is strongly linked to level of education: urban women generally marry at a later age than rural women.
Polygamy is illegal for non-Muslim citizens (about 95 per cent of the population) and arranged marriages are not part of Filipino tradition. Filipino law does not provide for divorce, although if one spouse is a foreign national, the courts generally recognise the legality of divorces obtained in other countries.
Within the Constitution, men and women were granted equal parental authority and shared responsibility for raising their children. In cases of marriage annulment, illegitimacy or divorce in another country, the Family Code provides that children under the age of seven are placed with the mother, unless there is a court order to the contrary. According to the US Department of State, children over the age of seven typically remain with the mother, although the father can at that time dispute custody through the courts.
There is no legal discrimination between men and women in the area of inheritance.
The Philippines is taking steps to better protect the physical integrity of women. Violence against women does occur but legal protection is more readily available since the adoption (in 2004) of the Anti-Violence against Women Act. This Act criminalises physical, sexual, and psychological harm or abuse to women and their children committed by their spouses or partners (or fathers, in the case of children). Incidents of such abuse are believed to be underreported. As noted by the US Department of State, a 2003 survey by the Social Weather Station found that 12 per cent of men admitted to having physically harmed women. In the same survey, women cited the following reasons for not reporting violence: embarrassment; not knowing how or to whom to report; belief that the violence was unimportant; and belief that nothing would be done.
Female genital mutilation is not a general practice in the Philippines, but reportedly exists among some Muslim groups.
In theory, men and women now have equal legal access to land and access to property other than land. However, men are still perceived as – and are in actual fact – the primary property owners, despite several initiatives to institute land reform.
In accordance with applicable provisions on property ownership embedded in the Family Code and the Civil Code, the Agrarian Reform Department was responsible for giving wives (both legally married and common-law spouses) equal rights to own land. The Comprehensive Agrarian Reform Law states that all qualified women members of the agricultural labour force must be guaranteed equal rights to ownership of land, equal share of farm produce, and equal representation within advisory or other decision-making bodies that represent agrarian reform beneficiaries. In turn, the Environment and Natural Resources Department amended (in 2002) its regulations on alienable and disposable public lands, thereby granting women – regardless of civil status – equal rights to apply for the purchase or lease of public lands.
Legally, women have equal access to bank loans, but reality and customs inhibit their finanical independence. Having the greater share of property ownership, men are better able to provide collateral for larger loans, whereas women’s access to credit is limited to smaller amounts. Similarly, although women have the legal right to independently enter into contracts, many financial institutions still demand that the male partner co-sign any financial contracts. Customary laws, primarily prevalent in rural areas, also make it difficult for women to act independently on financial matters.
In 1995, the congress gave the government a mandate to assist Filipino women in their pursuit of owning, operating and managing small business enterprises. The Committee on the Elimination of Discrimination against Women (CEDAW) reports that this mandate included provision that all women certified to have received appropriate training (at any government or government-accredited training institution) are eligible to obtain loans from government financing institutions.
The vast majority of Filipino women have a high level of civil liberty. There are no legal restrictions on women’s freedom of movement, although some Muslim groups constrain the mobility of women outside the home. Similarly, there are no legal restrictions on women’s freedom of dress, but Muslim women might veil themselves or cover their hair.
Asian Development Bank (2004), Country Gender Assessment: Philippines, Asian Development Bank, Southeast Asia Department, Manila.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Philippines, Combined Fifth and Sixth Periodic Reports of States Parties, CEDAW/C/PHI/5-6, CEDAW, New York, NY.
Countries and Their Cultures (n.d.), Culture of the Philippines, www.everyculture.com, accessed 14 February 2008.
Klasen, K. and C. Wink (2003), “Missing Women: Revisiting the Debate”, Feminist Economics, Vol. 9, No. 2-3, Routledge, London.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Philippines, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
