Antonio Miguel M. Cardenas SLR Proposed Topics 1.

An Inquiry into the Provisions of the Family Code which Discriminates against Women The role of women in society has been the topic of several debates in recent history. In order to adopt the developments in the move toward gender equality, the Philippine Legislature has amended or repealed certain laws which tend to discriminate against women. Foremost of these laws are the Anti-Violence Against Women and Children Act, the Magna Carta for Women, and the Women in Development and Nation Building Act, among others. These laws are designed to address the issues relating to the male-dominated Philippine society. Despite the recognition of the 1987 Constitution as to the equality of both men and women, and the role of women in nation-building; still several laws in the past which carries with them certain discriminatory attributes remain in force and full effect. One of which is the Family Code of the Philippines. To a certain extent, the Family Code has leveled the playing field for both men and women in domestic affairs. However, there are still provisions which remain to be subject of discussions as to their propriety in the present context. Some of these are: (a) Article 14: on the provision on giving preference to the fathers consent to the marriage of children between the ages of 18 and 21; (b) Articles 96 and 124: on the provision on givi ng preference to the husbands decision, in case of disagreement with the wife, on the administration and enjoyment of community and conjugal properties; (c) Article 211: on the provision of giving preference to the husbands decision, in case of disagreement with the wife, over the persons of their common children; (d) Article 225: on the provision on giving preference to the husbands decision, in case of disagreement with the wife, on the exercise of legal guardianship over the property of unemancipated common child; (e) Article 55, No.1: on the requirement for repeated physical abuse and grossly abusive conduct as a ground for legal separation. One of the purposes of this paper is to be able to come up with a conclusion regarding the legality and practicality of these provisions. The wisdom behind these laws will be inquired into and to determine whether or not they continue to be relevant today. A review of the legislative history of the Family Code will be necessary to understand the rationale behind their inclusion. At the same time, a survey will be conducted to flesh out the opinion of the people whether these provisions denies basic rights to women in the management of their domestic affairs. Tentative Sources: Equality Now. Discrimination against Women in Law. A report drawing from the Concluding Observations of the Committee on the Elimination of Discrimination against Women. May 2011. Lopez, Jacqueline. Breaking the Bondage of Discrimination: A Survey of Protective Legislations Advancing the Rights of Women. UST Law Review, Vol. XLIX, January-December 2005 Senate Press Release. Pia: Laws that Discriminate against Women to be Reviewed by Senate. August 11, 2010. Ezer, Tamar, Arwen Joyce, Priscila McCalley, and Neil Pacamalan. "Protecting Women s Human Rights: A Case Study in the Philippines." Human Rights Brief 18, no.3 (2011): 21-27. Women Working Together to Stop Violence against Women (WWTSVAW). Breaking the Silence, Seeking Justice in Intimate Partner Violence in the Philippines. A Review on the Implementation of Republic Act 9262 Or the Anti-Violence against Women and their Children Act of 2004. http://www.amnesty.org.ph/publications/pdfs/Phils_WOOC_VAW_report_final.pdf. 2009 Lakpue Drug vs Belga. G.R. No. 166379. October 20, 2005

2. The Reproductive Health Law and the Catholic Church According to recent studies, the Philippines is among the most populous countries not just among the South-East Asian nations, but in the world at large. The recently passed Reproductive Health Law seeks to address this situation considering the many problems that are allegedly brought about by a fast growing population. However, as history has shown, this proves to be a more difficult endeavor. Religion plays a major role in the lives of many Filipinos. The Catholic Church in the Philippines has been very critical about certain policies of the government which it considers offensive and violative of the doctrines of the church. This paper will seek to determine the effect of the active participation of the church in this legislation from its enactment to its execution in the future specifically its effect on the public who are the primary stakeholders in legislations such as the RH Law. The provisions of the law will be examined in light of constitutional principles such as the inviolable separation between the Church and the State and the proscription of establishment of religion by the State. The legislative history which led to the passage of the law will be traced and such would include the schemes employed by the church at every stage of its enactment. A review of documents such as journal articles, books, and news articles shall be employed. At the same time, jurisprudence, both local and foreign, shall be consulted to determine the relevance of the Church in the past as well as in the modern society. This paper will also look into the impact of the efforts of the church in the minds of the populace especially towards their perception of the RH Law. Being at receiving end of every legislation, the public support is vital for the success of measures such as the RH Law. Without the participation of the people, the objective of the law will not be achieved. In order to elicit the opinion of the public, a survey will be conducted. It will focus on determining the attitude of the public towards the law in view of the objections of the Catholic Church. Tentative Sources: Philpott, Daniel. (2004). Christianity and Democracy: The Catholic Wave. Journal of Democracy. Volume 15, Number 2. Lacaba, Virgilio. (2000). RH at the Grassroots: Stories and Features on Reproductive Health. Raya Media Services David, Emilia Narni. Reproductive Health Bill Robs Country of Greatest Asset- CBCP. Business World. September 6, 2008. Pernia, Ernesto M., et al. Population, Poverty, Politics and the Reproductive Health Bill. Position Paper: UP School of Economics. August 11, 2008. Kapiriri, Lydia, et al. Public Participation in Health Planning and Priority Setting at the District Level in Uganda. Center of International Health and Department of Public Health and Primary Health Care. University of Bergen. 2003. Viado, Lalain. Politics and Religious Conservatism in Health Sector Reforms, Maternal Mortality and Abortion in the Philippines. Dawn Global Project. 2005 Holsbrink and Bergerlind. A Sinner of a Saint? A Study of Reproductive Health in a Catholic Context. A Minor Field Study in Honduras. Malmo University, School of Health and Society. 2004 Batangan, Dennis, M.D., et al. Study of Community Participation in the Essential National Research Process: The Philippine Experience. Council on Health Research DOH. 1999 Estrada v. Escritor. A.M. No. P-02-1651. August 4, 2003; Cruz v. Beto, 405 U.S. 319 (1972)

3. Feasibility of a Divorce Law in the Philippines Under the present laws of the Philippines, absolute divorce is not considered one of the options of the spouses who are trapped in a marriage that is not working. Several other counties recently have enacted their own versions of a divorce law. In effect this recognizes that there are situations where the only solution to the domestic problems of spouses is to sever their marital ties, otherwise the animosity between them could lead into more serious problems. What is allowed in the Philippines is only relative divorce. However, the marriage ties between the spouses are not severed. This presents a serious impediment for those who want to contract a subsequent marriage after their separation. Moreover, stringent requirements have to be complied with in order that a petition for a declaration of nullity or a petition for annulment of marriage may be granted by the courts. This paper will inquire into the feasibility of enacting a divorce law in light of the current laws in force and social factors that may come into play. Previous efforts in the past both in legislation and jurisprudence will be looked into. The legality of a divorce bill will also be examined in light of the limitations imposed by the Constitution. A survey will also be conducted to determine opinions of the general public as to the possibility of having a divorce law in the country. Tentative Sources: House Bill 1799. An Act to Introduce Divorce http://www.congress.gov.ph/download/basic_15/HB01799.pdf Karagdag, Rogelio. Divorce, Philippine Style. Asian Journal USA. 2013. McGeown, Kate. Philippines Debates Divorce Law Change. http://www.bbc.co.uk/news/worldasia-pacific-13611795. June 1, 2011. About Philippines. Allowing Absolute Divorce in the http://aboutphilippines.ph/filer/toledo-cebu/Absolute-Divorce-Philippines.pdf Philippines. in the Philippines.