When it comes to gender equality, many people are quick to scrutinize religion—but few take the time to examine the laws of the land. Surprisingly, even some of our existing Philippine laws reflect what some may refer to as “outdated standards” that treat men and women unequally.

Take, for example, the laws on adultery and concubinage:

Under Article 333 of the Revised Penal Code, a wife can be charged with adultery for a single incident of sexual relations with a man who is not her husband. No proof of cohabitation is needed. One act is enough—and the man involved can also be charged.

Contrast that with Article 334, which defines concubinage. A husband can only be convicted if:

• He keeps a mistress in the family home,
• He engages in scandalous conduct,
• Or cohabits with her in another residence.

Even then, the standard of proof is higher and the penalties are lighter—often just destierro (banishment) for the woman involved.

This disparity has been recognized by the Supreme Court itself in Garcia v. Drilon (G.R. No. 179267), which acknowledged the gender bias in these provisions—but stressed that legal reform is Congress’s responsibility.

What About the VAWC Law?

While RA 9262 (the Anti-Violence Against Women and Their Children Act) is a landmark law that offers vital protection to women and children, some argue that it doesn’t account for male victims of abuse.

There are ongoing efforts to expand the scope of domestic violence laws—such as House Bill 1365 of the 19^th Congress, which aims to protect battered husbands as well.

What Can We Learn from This?

Legal systems should evolve with the times. Whether through gender-neutral laws or stronger protections for all parties, equality under the law must be more than just a principle—it should be reality.

We understand the real-life consequences of these legal imbalances. Whether you are a woman seeking protection, or a man facing a system that seems stacked against you, we can help you figure this out and protect your rights.

If you’re facing a complex family law situation or feel that the law has treated you unfairly, our experienced team is ready to help. We handle cases with discretion, empathy, and commitment to justice—for men and women alike. Contact us today for a consultation.

If you’re facing a complex family law situation or feel that the law has treated you unfairly, our experienced team is ready to help. We handle cases with discretion, empathy, and commitment to justice—for men and women alike. Contact us today for a consultation.