Name: MARIA ANASTASIA G.

MALDO
Course: BSEE 2A
Student Number: 201109406
Date: 12/19/21

Gender Inequality in Marriage and

Criminal Laws

Activity 1

1. Search the proposed “Same Sex Marriage” legislation in the Internet.

The Equality Network strongly believes that the law should permit Same-sex marriages, and
marriage in general, should be available to all couples regardless of gender. 80% of our beloved
country, the Philippines is composed of Catholics. It has been our tradition to follow the law of
the government which is the Civil Code that a woman is only allowed to marry the opposite sex.
We are in the 21st century already where we can freely express ourselves and our feelings as
long as we are not hurting anybody.  Same sex marriage has been a hot issue since then, but the
Catholic Church is holding their stand against it. In the United States, people are free to show
who they really are. This petition to approve the legalization of same sex marriage in the
Philippines promotes that no matter what race and age, we are all humans who have the right to
get the happiness and contentment that we deserve especially with our lifetime partners.
According to researches, same sex marriage reduces the amount of annulment and divorce cases
and increases the chance of the children in different orphanages to be adopted and grow up with
a family. We already need to open our minds to the current situation of our world today. Even
some Church leaders are in favor of same sex marriage. Let's put ourselves in the shoes of other
people, especially our LGBTQA (Lesbian, Gay, Bisexual, Transgender, Queer and/or
Questioning, Asexual) community. Life is short and happiness is something that each one of us
should keep in our hearts, so let people choose their path in life and spend their lives with the
person that they truly love. Love is love regardless of its gender.

2. Examine all its provisions and answer the following:

a. Can these legislations, if passed, eliminate gender inequality in marital laws?

Give your reasons in the spaces provided.

Same-sex marriage can provide those in committed same-sex relationships with relevant
government services and impose financial demands comparable to those imposed on those in
opposite-sex marriages, as well as legal protections such as inheritance and hospital visitation
rights. But more progress can be made. Even though we have finally addressed inequality for
same-sex couples, and laws relating to marriage no longer explicitly discriminate against men
or women, gender inequality within the institution of marriage continues to be a problem. But
if the legislation of same sex marriage passed, I can definitely say that the inequalities will be
eliminated. They can be more free to express themselves without getting too much
controversies, they will be able recognize as normal family just like the others and most
importantly they’ll gain respect as for they deserves to be.

b. Can these legislation, if passed, eliminate gender inequality present in personal

laws mentioned? Give your reasons in the spaces provided.

There shouldn't be a debate on why or why not same sex marriage should be legal. There are
no pros and cons in marrying someone with same gender. The members of the LGBTQ+
community have dealt with homophobia and discrimination and they deserve equal rights.
The right to marry the person you love and heterosexuals shouldn't get in the way of two
people marrying each other.

c. If you will be given a chance to become legislators, propose a sentence to be

included in this “Same Sex Marriage” legislation? Write your sentence below.
There isn’t a limit on the number of people that can share parental responsibility for a child.
There are many same-sex couples who have children together intending to be a family but
who do not go on to regularise the legal position. The law relating to parental rights of same-
sex couples is complicated that is why I want to perceive that all people have the right to be a
parent. We don’t have a say if same sex couple want to adopt struggling child. We have a
freedom unless of course it will be held in a legal basis.

Activity 2

1. Think a scenarios portraying the four Articles discussed. (Module 15 Page 3)

a. What are the effects of these four Articles to the lives of the family members?

In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume sole powers of
administration. These powers do not include the powers of disposition or encumbrance
without authority of the court or the written consent of the spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void. However, the transaction
shall be construed as a continuing offer on the part of the consenting spouse and the third
person, and may be perfected as a binding contract upon the acceptance by the other spouse
or authorization by the court before the offer is withdrawn by either or both offerors.

b. What can be done to address any negative effect of these articles to the lives of its
family members?

The sale of one-half of the conjugal property without liquidation of he partnership is void.
prior to the liquidation of the conjugal partnership, the interest of each spouse in the conjugal
assets is inchoate, a mere expectancy, which constitutes neither a legal nor an equitable
estate, and does not ripen into a title until it appears that there are assets in the community as
a result of the liquidation and settlement. The right of the husband or wife to one-half of the
conjugal assets does not vest until the dissolution and liquidation of the conjugal partnership,
or after dissolution of the marriage, when it is finally determined that, after settlement of
conjugal obligations, there are net assets left which can be divided between the spouses or
their respective heirs. The sale without the consent of the other spouse may cause disunity in
the family.

2. Discuss which of these models the best approach to address social inequalities. Write
your choice and reason/s in the spaces provided.

Since humanity’s expansion and growth, social inequalities have persisted. The family code
which I believe is the best technique because it deals with marriage regulations and
obligations, incorporate gender inequality. The passage of “Same Sex Marriage” legislation
is a good start in addressing the issue of gender imbalance in marriage laws.

Activity 3

1. Search for these criminal laws in the internet. Provide necessary amendments to make
these laws gender equal.
2. Write the amended laws in the spaces provided.

Criminal law, the body of law that defines criminal offenses, regulates the apprehension,
charging, and trial of suspected persons, and fixes penalties and modes of treatment
applicable to convicted offenders. Here are some basic amended laws:

1. IPC 1860
2. Cr.PC 1973
3. Evidence act 1872 
4. Protection of Child from Sexual Offences (POCSO) 2012
Salient Features Of Criminal Law Amendment Act, 2018
This Act brings relevant changes for the protection of a girl form the heinous crime of rape in our
penal laws. They are as follows:

 Anyone who commits the offence of rape shall be punished for the minimum period
10 years earlier it was for 7 years.
 If any person rapes a girl, who is below 16 years of age, shall be punished for a
minimum period of 20 years.
 If a person rapes a girl, who is below the age of 12 years, shall be deemed to punished
rigorous imprisonment for 20 years or imprisonment for life or maybe liable for the
death penalty.
 In case if the offence of rape, is committed with the girl age below 16 years,
the anticipatory bail will not be granted to the accused.
 Convicted persons bound to compensate the victim, and such compensation will be
used for the victim’s medical expenses and for rehabilitation. And the compensation
will be just and reasonable.
 If the offence of rape, is committed by the Police Officer, irrespective of the place
shall be punished for rigorous imprisonment which is not less than 10 years. 
 In the matter of rape, the police are under compulsion to complete
the Investigation within the period of 2 months after the FIR lodged.
 The offence of rape, time to dispose the appeal starts after 6 months.
 Act provides to punish accused convicted of gang rape of woman below 16 years of
age shall be given rigorous imprisonment for life and liable for fine.
 The Act also provides to punish accused convicted of the gang rape of women, who is
below the age of 12 years shall be given rigorous imprisonment for life and with fine
or with the death penalty.
 ASSESSMENT

1. What knowledge obtained from gender inequality in marriage and criminal laws can
you utilize for yourself, family, community and society?

In my own opinion it is salient for us to have a great knowledge of what these things are all
about. Let’s start it with ourselves, after gaining some profound knowledge I can be able to
now distinguish gender inequalities in marriage. I can also inform my families about those
issues and how does it affect one person. I can also help my family, friends and comrades to
address inequalities and most specifically criminal laws. Other than that, those action that we
need can be obtain with having a vast information with our rights and legislations.

2. Provide specific ways and means to utilize this obtained knowledge based on the
above.

Despite the prevalence of traditional or patriarchal marriages, it does appear that some
couples today are attempting to create and maintain what has been described as egalitarian or
peer marriages. And for me it is better for all of us to have greater awareness of gender
inequalities, changing gender roles, as well as the need for two wage earners, has prompted
some couples to consider a more equitable type of intimate relating. It is also salient for us to
examine modern government laws. Gaining proper knowledge about the laws and aiding