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Lead Writers: Veronica Fenix-Villavicencio (for the policy paper
on Divorce)
and Rina Jimenez David (for the policy paper on Abortion)
December 2000
INTRODUCTION
In the Philippines, while the women's movement has gained much
ground in bringing gender issues to public discussion and debate,
there remain crucial issues on which genuine public consensus, even
among women, has yet to be adequately explored or articulated. In
place of democratic debate based on data and existing conditions,
the Filipino public is bombarded instead with unyielding doctrine
and alarmist scenarios. Little room is given for dissenting views
or probing questions.
In mid-1999, the Roman Catholic Church and conservative elements
waged in a spirited campaign against so-called "anti-life and
anti-family" legislation. These "sin bills" would
have allowed for divorce, abortion under special conditions, the
granting of certain rights to gays and lesbians, as well as a bill
strengthening the formulation and implementation of a population
and development policy. While realistically none of these bills
faced the prospect of passage in the near future, given the intense
opposition against them, they have already served their purpose
of bringing these delicate and indeed intensely personal issues
to the attention of the public.
While divorce, reproductive rights, abortion, and homosexual rights
lie at the very center of the struggle for women's rights and have
a significant impact on women's lives, women's groups in the Philippines
have been hard put fashioning a reasoned and humane consensus on
these issues. There are many reasons for this, among them the need
to protect the still-fledgling women's movement from being labeled
as anti-life and anti-family and thereby isolating it from the rest
of society, the broad range of sentiments even among feminists about
such highly personal matters, and the hypocrisy with which public
figures and opinion makers approach any controversy.
Aware that as a feminist organization devoted to raising public
consciousness about women's issues and bringing the women's question
to the table of policy debate and decision-making, the National
Council of PILIPINA decided to respond to the challenge by launching
a series of discussions on these matters both within its organization
and eventually among the public. This it plans to do through a consensus-building
process within PILIPINA and with other women's organizations and
civil society groups. It hoped to present positions and raise questions
on divorce, reproductive rights, abortion and homosexual rights
that would generate public debate and provide women and men the
platform on which to form their own opinions free from dogma, shaming
and name-calling. It was also hoped that a consensus position would
serve as the basic building block of an advocacy campaign to enlighten
the public and work with law- and policy-makers. A freer atmosphere
for discussion of these issues should likewise help legislators
and policy-makers formulate genuinely responsive laws and policies
without fear of political retribution from institutions and interest
groups.
THE PROCESS UNDERTAKEN
With funding support from the Friedrich Ebert Foundation*,
PILIPINA initiated the project "Publication of Policy Papers;
Generating Public debate and Dialogue on Cutting Edge Gender Issues".
Initially, the project sought to accomplish the following:
- To undertake leveling off discussions among key women leaders
in PILIPINA and other like-minded groups on the cutting edge issues
affecting women particularly on divorce, abortion and sexual orientation;
- To document the discussions, consolidate and publish the discussion
points into a series of policy papers;
- To conduct a public presentation on the policy papers and dialogue
with key policy- and opinion- makers.
The following activities were planned from May to December 2000:
2 round-table discussions (the first, a leveling off discussion
among PILIPINA National Council members to set the parameters of
the policy papers and the second, submission of the draft policy
papers to a group of experts for their critiques and comments),
a national policy forum to make a public presentation of PILIPINAs
positions on these crucial issues and lastly the publication of
the policy papers.
The project, however, was overtaken by the political events that
shook the country, starting with the escalation of the war in Mindanao
and the unfolding drama which eventually led to the RIO-ERAP (resign,
impeach, oust Erap) movement.
As an organization with a strong thrust on transformative politics
and good governance, PILIPINA was drawn into this movement, particularly
on the activities related to the impeachment proceedings. Most of
its resources and efforts were harnessed towards this endeavor.
Other activities, including those related to this project took
a backseat thereby necessitating some adjustments:
- The number of issues was reduced from three (3) to two (2),
since the write assigned to do the paper on sexual orientation
was no longer available;
- The round-table discussions with the groups of experts was cancelled
since the writing of the papers on the remaining 2 issues could
not be finished in due time. Instead, local fora to be conducted
in five areas/chapters were conducted to submit the draft policy
papers for further leveling off and discussion;
- The national policy forum/workshop was conducted for further
leveling off, on 17 November 2000 at the Lakandula Room of the
Sulo Hotel. This time other womens groups were invited.
The public presentation was shelved momentarily, since it was
felt that discussion of the issues was still not exhaustive and
that it was not yet time to put forward our positions and proposals.
It was acknowledged that this initial process undertaken by PILIPINA
has barely scratched the surface in terms of the complexities and
the many grey areas involved in the issues. Nevertheless, it was
also felt that it was the right step towards the time and place
when women can come out openly to express their views without fear
of public censure and sense of shame.
Policy Analysis of Proposed Legislation on Absolute
Divorce in the Philippines
I. Definitions and Laws
Divorce is a legal remedy for a marriage that has
deteriorated or in truth no longer exists.
There are two types of divorce: (1) relative divorce, or
what is more commonly known as legal separation, means that the
couple separates "from bed and board" but remain in the
legal bonds of marriage; and (2) absolute divorce, more commonly
called divorce, dissolves or terminates a legally valid marriage,
and provides each of the former spouses the right to marry again.
In present Philippine laws, two different codes define
rules for marriage and divorce for non-Muslim and for Muslim Filipinos.
The Family Code of the Philippines (Executive
Order No. 209 as amended by E.O. No. 222) allows non-Muslim Filipinos
three ways to change marriage status: (1) legal separation; (2)
declaration of nullity, and (3) annulment.
Legal separation, as stated earlier, allows
spouses to live separately but restricts them from re-marrying.
Their prior marriage still exists in legal terms. There are ten
grounds for legal separation pertaining to acts or situations that
make the marriage untenable such as repeated physical violence inflicted
by one spouse against the other or against a child; destructive
addiction or behavior; and abandonment by a spouse without justifiable
reason for more than one year.1
Declaration of nullity states that the marriage
is void or did not even legally exist in the first place. This situation
arises if one or more requirements for a legal marriage are absent,
such as, if one of the parties was below l8 years of age, even with
the consent of parents or guardians; if one of the parties is still
legally married; or if one is proven to be "psychologically
incapacitated to perform essential marital obligations." There
are several other grounds for declaring a marriage null and void2.
Annulment declares the marriage defective from
the time it was contracted. As different, however, from declaration
of nullity, annulment still considers the marriage valid until the
time it is annulled. Grounds for annulment include among others:
the unsound mind of either party; fraud or concealment of important
information, such as homosexuality, in obtaining consent of one
to marry; or incurable 3physical incapacity to
consummate a marriage, which appears to be incurable. Annulment
cancels the marriage and restores the man and woman to their single
status.
For Muslim Filipinos, the Code of Muslim Personal
Laws of the Philippines (Presidential Decree No. 1083, 1977)
allows divorce, where both spouses are Muslims or even if only the
male is Muslim but the marriage was solemnized under the Muslim
Law. There are six ways by which divorce may be effected in Muslim
marriages. One is repudiation of the wife by the husband (talaq).
Another is redemption by the wife, in which she petitions the court
for divorce after offering "to return or renounce her dower
or to pay any other lawful compensation for her release (khul')
from the marriage bond
." 4 This
Code further states that "divorce will be granted only after
the exhaustion of all possible means of reconciliation between the
spouses."5
Historically, absolute divorce has existed in Philippine
laws. In pre-colonial Philippines, a woman could obtain divorce
in order that she might re-marry by simply returning the dowry to
the man or his parents with an additional amount equal to the dowry.
If she did not remarry, only the dowry was returned. If the couple
had children, both the dowry and fine went to the children, which
was held in trust for them by the grandparents or responsible relatives.6
During the Spanish Regime, only relative divorce was
allowed under law called Siete Partidas, whose six grounds
for divorce included maltreatment by deed or serious insults; or
proposal of the husband to prostitute his wife or attempt to corrupt
their sons or prostitute their daughters.
In 1917, Commonwealth Act No. 2710 of the American
colonial period provided for absolute divorce with only two grounds:
(1) adultery on the part of the wife; and (b) concubinage on the
part of the husband. It implicitly ruled out relative divorce.7
During the Japanese occupation of the Philippines
(1941 to 1944), Executive Order No. 141 provided nine other grounds
for divorce aside from adultery and concubinage, such as, attempt
by one spouse against the life of the other; or "slander
by deed or gross insult by one spouse against the other to such
an extent as to make further living impracticable." Upon
reinstating American rule in the Philippines in 1944, the American
government re-established the Commonwealth of the Philippines and
with it, Act No. 2710 was revived.
In 1950, the Civil Code of the Philippines was enacted
and provided only for legal separation. And finally, in 1988, the
Family Code of the Philippines (E.O. No. 209) took effect and replaced
the Civil Codes provisions on marriage and family.
II. The Politics of Family and Marriage
Families are ever evolving. Through generations and
cultures, the nature of the family has acquired different compositions,
forms, extensions and relationships among its members. The United
Nations International Conference on Population and Development
(ICPD) in Cairo, 1994, stated as one of its basic principles that:8
The family is the basic unit of society and as such
should be strengthened. It is entitled to receive comprehensive
protection and support. In different cultural, political and social
systems, various forms of the family exist. Marriage must be entered
into with the free consent of the intending spouses, and husband
and wife should be equal partners.
The same UN document recognized the diversity of forms
and composition of families throughout the world. The family is
changing and suffers incredible stresses as a social unit.9
The process of rapid demographic and socio-economic
change throughout the world has influenced patterns of family
formation and family life, generating considerable change in family
composition and structure. Traditional notions of gender-based
division of parental and domestic functions and participation
in the paid labor force do not reflect current realities and aspirations
widespread
migration, forced shifts of population caused by violent conflicts
and wars, urbanization, poverty, natural disasters and other causes
of displacement have placed greater strains on the family, since
assistance from extended family support networks is often no longer
available.
Filipino families are likewise changing. More and
more, there are female-headed families or households, because of
widowhood, separation of spouses or existence of single mothers.
Although still relatively few, there are also families of acknowledged
same-sex relationships, some of whom have opted to care for adopted
children. The latter are excluded from the traditional and legal
notions of family.
The concept of family is, however, not a rigid structure
narrowly defined by two adult parents (male and female) and children.
Rather, in its essence, the family is a social unit of two or more
persons relating intimately with each other and providing love and
support for the growth and development of its members. Pogrebin
states that the family provides "essential humanizing functions
of stable, longstanding, generation-spanning groups." 10She
further elaborates: "The familys lifelong continuum
of reciprocity could be the model for generational transfer, or
generativity, on a wider scale from individual to family to community
at large." Intergenerational transfer, not just of genetic
make-up or characteristics, but more importantly of values, history,
beliefs, stories and histories, experiences and emotional passages
make the family a central force in sustaining a society. 11
As long as these essentials of being family are present
and its role in sustaining a particular society is achieved, the
shape or form or lifestyle of its members, individually or collectively,
need not be prescribed, but can rather be a product of the choices
made by its members in dynamic interaction with their society. Thus
the United Nations, as previously cited, recognized the diversity
of families in different cultures; but also upheld the universal
equality of women and men in the family.12
Marriage is a contract between two adults to live
together in an atmosphere of love, trust, and mutual respect and
support. In purely legal terms, it is a contract carrying rights
and obligations of the parties. As a social contract, however, it
lays out how two adults can nourish each others lives and
fulfillments; help one another cope and grow, not only within themselves
but also in their community. Marriage is a pact that serves as a
stabilizing element in a family. It does not, however, automatically
make a truly happy or enduring family. In reality, some families
have endured and thrived even without the formal condition of marriage.
Marriage in the Philippines has been revered because
of the populations predominantly Roman Catholic religion.
Thus, in this country, any intimate relationship between two adult
persons who are not blood related should be maintained within the
sacred bond of marriage that is considered as a permanent union
and inviolable social institution. 13 Roman
Catholicism upholds in it dogma, the exhortation in the Holy Bible
(Matthew 19:6) that "what God hath joined together, let
no man put asunder," taking this to mean that only God
and not any human being or institution can bring an end to the union.
The Muslim religion, however, permits divorce by virtue of its tradition
and as upheld in the Code of Muslim Personal Laws.
Furthermore, marriage in the Philippines is recognized
only if it is a monogamous relationship between a man and a woman.
Within prevailing Filipino culture and tradition, the man or father
is the dominant figure in the marriage and family. He is expected
to be the primary breadwinner, the leader and ultimate decision-maker,
particularly regarding property, livelihood and the familys
economic choices. The woman, on the other hand, is homemaker, child-bearer
and family caregiver. She is an "ideal wife and mother"
if she cares for her husband and children in all their needs and
should be willing to sacrifice her own needs and set aside her aspirations
for the sake of other family members. If the woman is, therefore,
unable to fulfill these ascribed roles, she is considered a failure
and threat to the familys stability.
The stereotyped roles of women and men in marriage
and family have imprisoned them both in these imposed expectations.
With the added social and economic pressures in Philippine society
today, women take on livelihood and economic roles while still maintaining
primary responsibility for reproductive and caregiving roles. The
unequal relationship between husband and wife in the home also rob
women of autonomy and the chances to develop themselves more fully
or engage in social commitments outside the home or family sphere
. She has little choice but to remain the submissive, self-effacing
ideal wife and mother.
Many marriages, straddling all Filipino socio-economic
classes, are in crises and end up with spouses agreeing to live
separately. There are varied reasons for conflicts or crises in
marriage. Among the most prevalent ones are:
-
Psychological illness, mental imbalance, drug
addiction or alcoholism of either spouse, leading to violence
or abuse.
In all these, unless the erring spouse is willing
and able to change and the other willing to forgive, the conflict
or crisis can lead to irreparable damage in the marriage; or so-called
irreconcilable differences that can no longer be healthily
and wholly resolved. The marriage fails and forcing the couple to
continue living together may lead to harm, illness or even death
to one of them, their children or other relatives in their abode.
Another reality of marriages in the Philippines is
that of abandonment by a spouse. This could be a result of conflict
or crisis that is not resolved, or of the choice of the leaving
spouse for whatever reason. Many women in poor communities find
themselves trapped in this situation, not of their making, and consequently
having to feed their families and care for their children single-handedly.
III. A Proposed Law on Absolute Divorce
House Bill No. 6993 and its substitute version presented
to the Eleventh Congress of the Philippines is entitled: An Act
Legalizing Absolute Divorce, Amending for the Purpose Title II,
and Certain Provisions Thereunder, of Executive Order No. 209, as
amended by Executive Order No. 227, Otherwise Known as the Family
Code of the Philippines. The bill's purpose is to amend existing
laws on marriage "to allow absolute divorce or dissolution
of marriage" 14and furthermore give divorced
individuals the right to remarry.
The most salient proposals of the bill15
are:
-
physical violence or abusive conduct against the
other spouse, a common child, or a child of the other spouse;
-
attempt against the life of the other spouse;
-
attempt to sexually harass or rape any child;
-
contracting by the other spouse of a subsequent
bigamous marriage, whether in the Philippines or abroad;
-
sexual infidelity or perversion;
-
lesbianism or homosexuality;
-
insanity, unless caused by battering;
-
abandonment by the other spouse without justifiable
cause for more than five years;
-
where the foreigner spouse of a Filipino has filed
for divorce abroad;
-
where the church or religious sect of either or
both spouses has already allowed separation of the spouses;
and
-
where the spouses have been granted a decree of
legal separation for more than five years.
The bill further proposes that the divorced spouses
shall be entitled to remarry and other rules to guide the custody
of minor children, rights of the children after the divorce, and
the disposition of property and assets of the spouses.
IV. Arguments For and Against a Proposed
Law on Absolute Divorce
A. For a Law on Absolute Divorce
1. Social and women-specific arguments:
A law allowing absolute divorce will provide recourse
for a person to be freed from a failed marriage and rebuild one's
personal life, including having the option to remarry.
Women who are victims of violence and abuse by their
spouses, who have been abandoned (or de facto separated)
or whose spouses have intimate sexual relationships with other women,
are among those who have the right to freedom from oppressive and
at times life-threatening relationships. Reconciliation in many
cases is next to impossible because of, usually, the male spouse's
refusal to change his dominating attitude and psychologically errant
or controlling behavior.
It is true that legal separation (or relative divorce)
can provide the woman or man with the right to live separately from
the other spouse. However, both remain married to one another and
cannot, in the eyes of the law, be truly autonomous nor completely
take hold of one's life and future, since the marriage bonds still
tie them, even if only on paper. A person, thus shackled, is moreover
deprived of the freedom and the right to pursue a healthy and happy
intimate relationship, supported by legal rights, with another person
who can also provide love and support.
This predicament is particularly unjust to women who
have been abandoned by their husbands, a state of existence for
countless women in the Philippines. These women do not bother to
file for legal separation since this process is expensive for middle
and lower-income classes and there is little autonomy gained from
the exercise. Declaration of annulment, on the other hand, is hardly
accessible to these women, due to the costs of legal processes.
The current estimated cost of litigation ranges from 50,000 to 200,000
Philippine pesos plus fees for an expert witness who will testify
for the ground of psychological incapacity. 16 As
a consequence, too, of these legal and financial limitations, many
live-in or so-called "common-law" relationships exist.
2. Socio-political and religious arguments:
The principle of separation of church and state should
be upheld in civil law. Other countries, in fact, wherein most of
the people are Roman Catholics, like Spain and Italy, have civil
laws allowing divorce.
This principle is respected by the Code of Muslim
Personal Laws of the Philippines (P.D. No. 1083 of 1977), which
allows divorce for Muslim Filipinos. Recognition and respect for
religious beliefs, customs and traditions is upheld by the state
in the case of Muslim Filipinos.
In the same vein, there are other cultural beliefs
and traditions of indigenous peoples, tribal communities, and religions
that should be respected and given legal recognition. The Family
Code itself, in Article 33, recognizes marriages among Muslims or
members of ethnic cultural communities that have been performed
validly within their respective customs, rites or practices. Why
then should it not recognize the termination of such marriage for
non-Muslim Filipinos, if it is accepted within their own set of
beliefs and customs?
A divorce law is a legal recourse that supports a
citizen's right and should not be hampered or held captive by religious
dogma. It should be the married persons' choice to follow their
religious beliefs in availing of this legal recourse out of a failed
marriage.
3. Psycho-social arguments:
The decision of two persons to marry and have children
is founded on love, trust, mutual respect and a sense of responsibility
for the other. When these foundations are shattered and one spouse
oppresses or abandons the other, the victimized spouse and their
children suffer psychologically and emotionally.
The oppressed or abused spouse craves for freedom
from an oppressive situation and relief from fear of being victimized
for an indefinite period. She/he needs to be able to heal the wounds
from the abusive and hurting relationship and restore strength and
ability to nurture the self and children with a full family life.
Within the current laws and judicial processes, declaration
of nullity and annulment are more and more sought after by Filipinos
who want out of failed marriages and value the chance to re-create
and improve their lives and provide a healthy and nurturing environment
for their children. The usual basis resorted to in applying for
declaration of nullity and annulment is psychological incapacity
of the spouse. Some lawyers have observed that this basis supported
by Article 36 of the Family Code of the Philippines has been used
loosely as the best way out of a marriage that has deteriorated
or is no longer working. In ultimate effect, this legal remedy is
like absolute divorce.
B. Against a Divorce Law:
1. Constitutional and religious arguments:
Divorce is unconstitutional. The most salient provision
of the 1987 Philippine Constitution states that in Article XV, Section
2 that:
Marriage is an inviolable social institution,
is the foundation of the family and shall be protected by the
State.
The last section above hinges on the term "inviolable,"
which, in the view of the dominant Roman Catholic Church in the
Philippines, is founded on the belief that the union between husband
and wife should never be severed, based on the biblical teaching
mentioned earlier.
The Church hierarchy in the Philippines also argues
that divorce is contrary to natural law, which is the law of God.
"Divorce breaks the contract to which the spouses freely consented
to live with each other till death."17
2. Social arguments:
The 1987 Philippine Constitution also states in Article
XV, Section 1, that:
The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen its
solidarity and actively promote its total development.
Marriage being in turn the "foundation of the
family," the integrity and stability of the family will be
shaken by legally allowing absolute divorce and its corollary option
for remarriage. A strong argument put forward by anti-divorce proponents
is that: "Divorce breeds divorce." Statistics from
the United States show that the ratio of divorces to marriages for
the same year has increased significantly: whereas in 1960 this
was 8:100, by 1975 it became 50:100.18
The social consequence of increasing the chances of
divorce is felt in the instability of the family and its corresponding
psychosocial effects, especially on children. Briefly, anti-divorce
law proponents have argued that parental separation and forming
new family relationships with step-parents and siblings shatter
children's sense of security and stability. These constant rearrangement
and readjustment of familial relationships give children the notion
that family is fluid and ties among its members are non-permanent
and easily dissolved. Taken altogether, the prevalence of such psychosocial
problems among children threatens the moral fabric of society and
brings up maladjusted and potentially harmful or destructive adults.
3. Socio-economic state of families:
One of the main arguments favoring absolute divorce
hinges on allowing the spouses the option to re-establish or regain
for themselves and their children a peaceful and happy family life.
Arguments against absolute divorce, however, claim that re-marriages
tend to fail and that the rate of divorce among those who have already
remarried tend to be higher than first time divorces. It would seem
that those who try for remarriage have higher expectations of the
new marriage, but with complex social and economic situations, especially
with stepchildren or new children in the subsequent marriage, the
chances for a stable and sustained marriage becomes ever more flimsy.
On the economic or financial side, the necessity to
support children from previous marriages as well as the present
family puts undue strain on parents. Women, who have separated from
their husbands, feel the great financial responsibility of raising
her children. However, re-marriages put spouses in different situations
of financial obligations that may not meet expectations, particularly
for low and middle-income families. Re-marriage, therefore, cannot
meet the economic needs of families involved; and most probably
would add new burdens to the remarried adults.
4. Psycho-emotional health of children:
Anti-divorce advocates cite studies regarding the
effects of divorce on children. Children of divorce have been observed
to have behavioral and emotional problems such as being "impulsive,
irritable and socially withdrawn
anxious and insecure"
even years after the marriage breakup. 19 More
teenagers, particularly of single-parent families or stepfamilies
have sought psychological help; more "disturbed adolescent
functioning" is seen among teens of stepfamilies or of single-parent
families, than of intact families.20
V. The Option for Divorce for Womens Wellbeing
Women have the right to develop to their full potential
and live happy, peaceful and fulfilling lives. Women also need to
have freedom to make choices that make them more whole as individuals
and helpful, responsible members of their community and nation.
In living fully and wholly, women also need to express love and
share themselves in service to another person or a group with whom
they can grow in close, supportive, loving relationships. Increasingly
for many women, these relationships can be developed and sustained
even outside the traditional bonds of marriage, such as in small
communities living together and dedicated to a purpose, whether
religious or otherwise. Other forms or types of "families"
have evolved in recent times and can no longer be ignored, as they
also provide stable, secure and nurturing environments for individual
and family growth and wellbeing.
If a marriage and a family are in crisis, what is
the recourse for women? Legal separation and annulment are recognized
in the Family Code of the Philippines. Declaration of void marriage
or annulment allows a person to marry after it is legally upheld
in the judicial court.
The experience with the application of these laws
shows, however, that:
-
Even if a condition for legal separation exists,
the legal procedures cost way beyond what an ordinary income-earner,
much less a poor woman, can afford. This leads to the common
status of de facto separated spouses and live-in (or
so-called common-law) relationships.
-
Many couples seeking annulment resort to the condition
of "psychological incapacity" at the time of marriage
(Art. 36 of The Family Code). While it purportedly provides
a broader basis for declaration of annulment, it is actually
still limiting and difficult to prove since the said incapacity
must have existed at the time of the marriage celebration. This
is a costly and difficult process, therefore, beyond the financial
means of most women or men whose marriages are irreparable.
Civil law should apply to all regardless of race,
ethnic origin or religious beliefs. If a specific law allows Muslims
to divorce in recognition of their religious tenets, why can non-Catholics
and indigenous people not be accorded similar recognition, if their
respective religions allow divorce and re-marriage? Mature citizens
should have a choice to follow their conscience while respecting
the rights of people who will be affected by their decisions and
actions. The function of civil law is to see to it that these rights
are protected but not to restrict ones pursuit of wellbeing
and fulfillment.
A law on absolute divorce need not be a threat to
the stability of the family as a social institution. If societal
structures and conditions provide social, physical, economic, cultural
and spiritual support, stable families will thrive and continue.
A law on absolute divorce will simply be a legal remedy for individual
failed marriages.
The importance of family as a foundation of a community
and society can still be upheld even with a divorce law. The Code
of Muslim Personal Laws, for instance, emphasizes that divorce can
be granted if all other alternatives to reconcile the spouses have
been exhausted. Taking this cue, a proposed law on absolute divorce
in the Philippines can provide for:
No woman would want out of a happy, supportive and
fulfilling marriage. But if a marriage is ridden with violence,
abuse, oppression and deprivation for her and/or her children, a
woman owes it to herself and the children to get out. But her pursuit
of happiness and fulfillment does not end there. The right to rebuild
family, regain self-esteem and give of herself to loved ones, with
an option to remarry, should be open to her, within the bounds of
the religious and cultural beliefs, which she freely and responsibly
chooses to follow.
Endnotes
* Although the Friedrich Ebert Foundation funded the
project, PILIPINA claims sole responsibility for the views and ideas
presented in the papers.
1Art. 55, Family Code of the Philippines (E.O.
No. 227) states: A petition for legal separation may be filed
on any of the following grounds:
- Repeated physical violence or grossly abusive conduct directed
against the petitioner, a common child, or a child of the petitioner;
- Physical violence or moral pressure to compel the petitioner
to change religious or political affiliation;
- Attempt of respondent to corrupt or induce the petitioner,
a common child, or a child of the petitioner, to engage in prostitution
or connivance in such corruption or inducement;
- Final judgment sentencing the respondent to imprisonment
of more than six years, even if pardoned;
- Drug addiction or habitual alcoholism of the respondent;
- Lesbianism or homosexuality of the respondent;
- Contracting by respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad;
- Sexual infidelity or perversion;
- Attempt by the respondent against the life of the petitioner;
or
- Abandonment of petitioner by respondent without justifiable
cause for more than a year.
2Art. 35-38, Family Code of the Philipines (E.O.
No. 227) give the grounds for declaring a marriage null and void.
Art. 35. The following marriages shall be void from the beginning:
- Those contracted by any party below eighteen years of age,
even with the consent of parents or guardians;
- Those solemnized by any person not legally authorized to
perform marriages unless such marriages are contracted with either
or both believe in good faith that the solemnizing officer had
the legal authority to do so;
- Those solemnized without license, except those covered by
the preceding chapter;
- Those bigamous or polygamous marriages not falling under
Article 41;
- Those contracted through mistake of one contracting party
as to the identity of the other; and
- Those subsequent marriages that are void under Art. 53.
Art 36. A marriage contracted by any party who, at the time
of the celebration, was psychologically incapacitated to comply
with the essential marital obligations of marriage, shall likewise
be void even if such incapacity becomes manifest only after its
solemnization.
Art 37. Marriages between the following are incestuous and void
from the beginning, whether the relationship between the parties
be legitimate or illegitimate:
- Between ascendants and descendants of any degree; and
- Between brothers and sisters, whether of the full or half
blood.
Article 38 explains void marriages for reasons of public policy
such as between collateral blood relatives up to the fourth civil
degree and between parents-in-law and children-in-law, among others.
3Art 45, Family Code of the Philippines (E.O.
No. 227) states that: A marriage may
be annulled for any of the following causes existing at the
time of the marriage:
- That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over, but below twenty-one,
and the marriage was solemnized without the consent of the parents,
guardian, or person having substitute parental authority over
the party, in that order, unless after attaining the age of twenty-one,
such party freely co-habited with the other, and both lived together
as husband and wife;
- That either party was of unsound mind, unless such party
after coming to reason, freely cohabited with the other as husband
and wife;
- That the consent of either party was obtained by fraud, unless
such party afterwards, with full knowledge of the facts constituting
the fraud, freely cohabited with the other as husband and wife;
- That the consent of either party was obtained by force, intimidation
or undue influence, unless the same having disappeared or ceased,
such party thereafter freely cohabited with the other as husband
and wife;
- That either party was physically incapable of consummating
the marriage with the other, and such incapacity continues and
appears to be incurable; or
- That either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable.
Art 46. Any of the following circumstances shall constitute
fraud referred to in No. 3 of the preceding Article:
- Non-disclosure of a previous conviction by final judgment
of the
- other party of a crime involving moral turpitude;
- Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;
- Concealment of a sexually-transmissible disease, regardless
of its nature, existing at the time of marriage; or
- Concealment of drug addiction, habitual alcoholism or homosexuality
or lesbianism existing at the time of marriage.
4Code of Muslim Personal Laws, as reprinted
in the Proposed Revised Code of Muslim Personal Laws by PILIPINA
Legal Resources Center, manuscript, August 21, 2000, p. 16
Other grounds for divorce herein are:
- vow of continence by the husband (ila);
- injurious assimilation of the wife by the husband (zihar);
- acts of imprecation (li'an)
- judicial decree (faskh).
The proposed revision includes an additional ground of divorce
by mutual agreement (mubarat).
5Ibid.
6Feliciano, Myrna, The Filipina: A Historical
Legal Perspective (Q.C., Philippines, 1994)
7Paras, Edgardo, Civil Code of the Philippines,
Annotated, 13th edition, 1994, citing
Garcia vs. Tuazon, 40 Phil. 943
8United Nations, Report of the Internal Conference
on Population and Development (Cairo, 5-13 September 1994) A/CONF.171/13
18 October 1994.
9Ibid. Chapter V.
10Dorothy Dinnerstein, The Mermaid and the Minotaur,
New York: Harper and Row, 1976, p. 275, as quoted in Letty Cottin
Pogrebin, Family Politics: Love and Power on an Intimate Frontier
(New York: McGraw-Hill Book Company, 1983), p. 31.
11Pogrebin, p. 33.
12The Universal Declaration of Human Rights
states: Men and women of full age, without any limitation
due to race, nationality or religion, have the right to marry and
to found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution. Source: The United Nations,
Article 16 of the Universal Declaration of Human Rights,
December 10, 1948 (Internet web page of the UN Department of Public
Information, 1998.)
13Family Code of the Philippines, Title I, Art.
1.
14Explanatory Note, House Bill No. 6993, Introduced
by Representative Manuel C. Ortega, An Act Legalizing Absolute
Divorce, Amending for the Purpose Title II, and Certain Provisions
Thereunder, of Executive Order No. 209, as amended by Executive
Order No. 227, Otherwise Known as the Family Code of the Philippines,
First Regular Session, Eleventh Congress, House of Representatives,
Republic of the Philippines. p. 2
15House Bill No.____ (Submitted to the Committee
on the Revision of Laws in substitution of House Bill No. 6993),
by Rep. Manuel C. Ortega, An Act Legalizing Absolute Divorce,
Amending for the Purpose Title II, and Certain Provisions Thereunder,
of Executive Order No. 209, as amended by Executive Order No. 227,
Otherwise Known as the Family Code of the Philippines, First
Regular Session, Eleventh Congress, House of Representatives, Republic
of the Philippines.
16Atty. Carol P. Tanjutco, Esq., "Marriage
Annulment: More Info Needed," Atty. Webby Deliberates (an Internet
web page accessed on January 29, 2001).
17Catholic Bishops Conference of the Philippines,
"CBCP: No to Divorce Law," a position paper presented
to the Committee on Revision of Laws, House of Representatives,
Congress of the Philippines, on May 19, 1999.
18Burke, Cormac, "Marriage: Why Monogamous?
Why Indissoluble?" Lecture given in January 1979, Nairobi,
Kenya.
19Wallerstein, Judith, Ph.D., "The Long
Term Effects of Divorce on Children: A Review," Journal
of the American Academy of Child and Adolescent Psychiatry,
AY 1991, p.352, as cited by Atty. Jo Aurea M. Imbong, "The
Disappearance of Family in a Culture of Divorce," a position
paper on H.B. 6993, presented to the Committee on Revision of Laws,
House of Representatives, Congress of the Philippines, on May 19,
1999.
20Gallagher, Maggie, The Abolition of Marriage,p.72,
as cited by Atty. Jo Aurea M. Imbong, ibid.
The Abortion Question: Integrity and Compassion
"AMBIGUITY" and "ambivalence" are words that
have been used to describe Filipino public opinion as well as public
policy on the issue of abortion.
Philippine laws on abortion are among the most draconian in the
world. In countries where "abortion on demand" is not
allowed, governments have nonetheless recognized that there are
circumstances in which abortion might be necessary, the most common
being rape, incest, possibility of a genetic defect or deformation
or to save the life of the mother which actually same grounds as
the HB 7193. The Revised Penal Code criminalizing abortion, however,
makes no exceptions. The provision in the 1987 Constitution declaring
that "The State
shall equally protect the life of the
mother and the life of the unborn from conception," would also
seem to make abortion even in special cases unconstitutional and
criminal. Women's groups and feminist lawyers do have their own
interpretations and positions on the matter of Philippine jurisprudence
on abortion, but that is not our concern here.
What is our concern is that despite the stringent laws and periodic
threats of hellfire from Church officials, large numbers of Filipino
women continue to undergo induced abortion for a variety of reasons,
using a number of methods, some of them high-risk if not life-threatening.
A study ("Clandestine Abortion: A Philippine Reality")
by the UP Population Institute and the Alan Guttmacher Institute
places the estimated number of Filipino women obtaining induced
abortions each year at between 300,000 and 500,000. The midpoint
of this range -- 400,000 -- translates into an annual abortion rate
of 25 procedures per 1,000 women between the ages of 15 and 44,
a rate higher than that of the United States (24) and Mexico (23),
but lower than that of, say Peru (52) and Chile (45).
Public opinion surveys consistently show that majority of Filipinos
think abortion is "wrong" and oppose its legalization.
And yet the same surveys indicate that about the same number of
respondents believe abortion is justifiable in cases where the health
and life of the mother is endangered. A study conducted in northern
Luzon (Marcos and Pagalilauan, 1996) shows that abortionists were
known in the community and that abortion services were easily available
to women of the community, a finding easily validated by a visit
to any rural village or even urban poor community.
Why this gap between public attitudes and private practice? It
is easy to come up with glib though plausible answers. The fact
that abortion is a crime no doubt influences people's thinking and
their replies to surveys. Others might ascribe it as a manifestation
of split-level Christianity, the failure of official Church teaching
or even the law to permeate personal decision-making.
People may not know much about the issue beyond the rubrics of
dogma or cliché. Or, women may in fact be driven to seek abortion
even under unsafe clandestine circumstances simply because they
have no choice.
Yet abortion is a complex matter, a public policy and advocacy
issue but also an intensely personal question that draws upon our
most deeply-held values and beliefs. Abortion then cannot and should
not be examined through the lens of rhetoric, much less of politics,
even of gender politics. It is in the spirit of seeking clarification
and grounding that members of PILIPINA's National Council sought
to go through a process of discussion and clearing the air to submit
this preliminary paper that, it is hoped, will serve as the springboard
for deeper and more nuanced analysis. We dedicate it to the five
Filipino women who die each day due to pregnancy or childbirth-related
causes. No doubt, at least one or two of them die because of the
consequences of clandestine abortion. It is our hope that in the
near future no woman need ever die as a consequence of motherhood,
wanted or not.
BASIC PRINCIPLES
Two basic principles undergird our thinking on the issue of abortion.
These are: integrity and compassion.
By integrity, we mean women's right over our selves -- our bodies,
our bodily functions, our identities, our social roles, our relationships,
our destinies, our lives. By integrity, too we mean our ability
to determine the shape, direction and meaning of our lives. We reject
the limitations implicit in the saying that "biology is destiny,"
the imprisonment of women within our socially-assigned sexuality,
fertility and reproductive functions. And yet at the same time,
we affirm and support the reproductive rights of women, especially
our right to determine and decide for ourselves whether, when, how
often and with whom we are to have sex, get pregnant and bear children.
Debates over abortion rights sometimes tend to pit the "rights"
of the mother against the "rights" of the unborn child.
And yet, if we accept integrity as a basic value, we cannot deny
the integrity of the relationship between the pregnant woman and
the life inside her. If a fetus is not just another tissue within
the mother's body, neither is the mother just the receptacle and
growing medium for the baby. Their rights are intimately intertwined,
as are their lives. To say the fetus has rights separate from that
of the mother is to ignore the fact that there would be no fetus
without the mother. And certainly, a woman does not surrender her
right of bodily integrity and independent decision-making the minute
she gets pregnant.
A truly compassionate society would seek to build a community where
it is possible to protect the rights of both mother and child, and
more important, where it is possible for every mother to go through
her pregnancy and carry out her responsibilities to the life within
her with dignity, autonomy, confidence, good health and dare we
say -- joy.
Yet we cannot deny that there will be times when a mother is faced
with the dilemma of whether to continue or terminate a pregnancy.
This is a decision that is not arrived at casually. In the Philippines,
the criminal nature of abortion has driven the practice underground,
making it unregulated and unsupervised. A woman who goes through
a clandestine abortion is aware that she is putting her life on
the line. And given popular opinion about abortion and the woman
who chooses to go through it, she also knows that she is coming
up against entrenched stigma and social disapproval. A woman who
has had an abortion must also deal with lingering feelings of guilt,
shame and remorse, of having sinned and taken a life.
And yet, despite the pain attendant to choosing to end a pregnancy,
growing numbers of Filipino women are choosing to go through an
abortion. Many do so only under the veil of either self-delusion
or self-protection, telling themselves that when they take "menstrual
regulation" medication, the tissue they pass is "only
blood." But certainly, given the heavy baggage that comes with
the decision, we must respect and recognize that they have grave,
serious and yes, compassionate reasons, to themselves and their
families, if not to the rest of society, for opting for this procedure.
It is the woman who will undergo the procedure that carries with
it the risk of infection, infertility and death. It is the woman
who bears the emotional fallout before and perhaps long after the
deed. Who, then is to judge the rightness or wrongness of a woman's
choice at that time of crisis and pain? If not the woman, then,
who has the greater right to determine the outcome of the pregnancy?
If we say that a third party the father, society, the law,
even the church -- has the right to intervene, we will be denying
the woman the basic principle of integrity over her body and her
life.
Which brings us to compassion. When a mother decides to undergo
an abortion, however sound, reasonable and compelling her reasons,
it has one undoubted consequence: the death of the fetus. Some people
have argued that the fate of living tissue that would, during the
first days of pregnancy, be no bigger than the period at the end
of this sentence, cannot be balanced against the fate of an adult
human being. But weighing the "importance" of human lives,
even one equation as lopsided as this, is intrinsically distasteful
and dubious. Which is why we don't see any need to go into a discussion
on the "beginning of life" or where conception truly begins.
For in the mind of the mother, even as she protects herself with
terms of comfort and justification, she knows what the consequence
of her decision has been. The loss of a child and the grief that
accompanies it cannot be and should not be trivialized or glossed
over.
But compassion for the unborn must extend to and indeed begin with
compassion for women. Mothers are still the primary bearers of future
generations. We cannot have a world in which every unborn child
will have, as the slogan goes, "the right to a birthday,"
unless in that world every woman also has the right to decide for
herself whether, when, how often and with whom she will have a child.
Compassion for women begins with understanding the reasons they
choose to end a pregnancy rather than carry the baby to term. Survey
results reveal that the profile of the Filipina undergoing abortion
is of a woman who is, on average, 26 years old, married or living
in, a high school graduate or with some years of college education,
Catholic, belonging to a large household, poor, unemployed and a
full-time homemaker. This contradicts the common portrayals of abortion
seekers as either an unwed teenager seeking to protect her reputation,
or a busy and selfish career woman choosing independence over motherhood.
In a policy issue brief on abortion issues in the Philippines,
Dr. Aurora Perez writes that "the social, economic and health
costs of pregnancy and motherhood are high. It is highest in cases
of unplanned pregnancies among young women not ready for motherhood,
and among older women with many children, who think an additional
child would only mean further impoverishment of their large families."
Perhaps the point of view of many women seeking abortion is that
the life of the unborn child needs to be sacrificed to save the
lives of the children already living, as another child would place
the entire family in peril. If as the Church teaches us abortion
is a sin, then for many Filipino women, abortion is a sin committed
out of compassion.
We cannot discuss the "morality" of abortion, divorced
from the "morality" of unplanned and unwanted pregnancies.
The Church exhorts us to look on every pregnancy as a "wanted"
pregnancy, every child a "wanted" child. Yet desired and
accepted pregnancies are necessarily "planned" pregnancies,
or at least anticipated. True, many women faced with an unplanned
pregnancy nevertheless decide to carry the child to term and bring
the child into the world in joyful welcome. But many women, too,
faced with no option but carry the pregnancy to term, decide to
either give up the child for adoption, or carry out their mothering
with hard-to-conceal resentment that may result in abuse or exploitation.
Far better then to ensure that when a woman gets pregnant it is
because she has chosen to do so freely, without coercion or violence,
and with the capacity to bring up the child to fulfill his or her
own potentials. Otherwise, the risk is not just an abortion, but
possibly a dysfunctional family and an abused child.
The study on "Clandestine Abortion" estimates that a
staggering 53 percent of all pregnancies in the Philippines "appear
to be unwanted or unplanned; a substantial proportion of these unwanted
pregnancies (almost one-third) end in abortion." Though average
family size in the Philippines has dropped dramatically in the past
30 years (from 6.9 in 1960 to 4.1 in 1991), and about four in 10
women of reproductive age practice family planning, about three
of every 10 women who say they no longer want to have another child
or at least not in the next two years report that they do not use
any form of contraception. Others say they rely on periodic abstinence
or withdrawal, methods with high failure rates. The result: high
levels of unwanted pregnancies. Says the study: "Women sometimes
feel that they would rather run the many possible risks associated
with clandestine abortion than give birth to a child they believe
they cannot raise or care for properly. Consequently, some women
make the hard and sometimes dangerous decision to end an unwanted
pregnancy."
If Philippine society were truly sincere in its desire to eradicate
clandestine and illegal abortions, and to make sure that every child
is a wanted child, we, including important social institutions like
the Church, must support and promote the concepts of responsible
sexual behavior and responsible parenthood. Central to these is
the need to plan and prepare for the consequences of every act of
sex, including protection against an unwanted pregnancy. On the
part of both partners, we might add. But equally important is ensuring
that both men and women have access to the means to help them act
responsibly in matters of sexuality. Government, then must ensure
that couples have access to all safe, legal and appropriate methods
of family planning, as well as access to the necessary information,
counseling and services. It is the duty of both government and private
health sectors to help women make informed and considered choices
and to have those choices actualized through education, healthcare
and support services. And it must do so not because a successful
reproductive health program helps meet development goals or population
targets, but because reproductive health is a basic human right
and entitlement.
We do recognize, though that as long as relationships between men
and women, husbands and wives, lovers and partners, remain unequal
and unbalanced, women cannot truly be said to enjoy freedom of choice
and integrity of body and self. How can she take responsibility
for the consequences of every act of sex, if every act of sex is
the result of violence or coercion? How can she be said to enjoy
freedom of choice when her choices are not respected and she does
not have the means to act on and actualize her choices? Before a
woman makes the "choice" of terminating a pregnancy, she
would have had to be thwarted in making choices down the line, beginning
perhaps with the choice of whether or not to have sex, and whether
or not to get pregnant.
Finally, a plea for compassion for the women caught in the eye
of the turbulence swirling around the issue of abortion. A special
plea, particularly for the women who, having risked the emotional
turmoil and social stigma of an abortion, also face the painful
and life-threatening consequences of a botched procedure. Statistics
are difficult to come by on the number of women requiring hospitalization
or dying following an induced abortion. Perez writes that "secrecy,
by virtue of its illegality, makes abortion unsafe. In the Philippines
the most common of various medical complications are hemorrhage
and sepsis (infection). Abortions are usually performed by unskilled
service providers using unhygienic methods in
substandard and unsanitary conditions, leading to complications
and sometimes, death." A study by the Philippine Obstetrical
and Gynecological Society reveals that about one in four of total
maternal deaths in 78 hospitals can be attributed to induced abortions.
But because of the stigma attached to abortion and to the woman
who undergoes it, it is safe to assume that more women choose to
suffer in silence and seek to heal themselves following abortion
complications than seek help in hospitals. And when they do muster
the courage to seek help, they often face hostility on the part
of health professionals who have confessed that they deliberately
delay treatment or treat with indifference such women as a form
of "censure" for their morally and socially unacceptable
decision. Some hospitals, especially those managed by religious
institutions, even make it a policy to turn away women suspected
of suffering from post-abortion complications, or have huge signs
in their emergency room declaring that any woman suspected of having
undergone an abortion will be reported to the authorities.
It is for these and other reasons that many women seeking help
for abortion complications will refuse to admit they had the procedure,
citing all sorts of reasons for their bleeding or infections, thereby
delaying treatment and placing themselves at higher risk. Some women
also say they are afraid they will be hauled off to jail if doctors
find out they had an abortion, so they keep quiet about it, even
if the best treatment for sepsis following an abortion is immediate,
massive doses of antibiotics.
Compassion for these women, yes. But more importantly, respect
for their rights as patients, citizens and as human beings. Hospital
policies and practices should be reviewed to ensure that every patient
brought in as an emergency case is treated with respect, courtesy,
compassion and care no matter where one stands on the abortion debate,
and no matter one's suspicions about the case. Are not doctors and
other medical professionals obliged to care for anyone in need of
help and care?
Also, is there any effort on the part of these medical professionals
to provide post-abortion counseling, particularly on the matter
of preventing future unwanted pregnancies? counselling for
post-abort trauma
Finally, a plea to government and society to stop viewing women
who undergo abortion as criminals, which they are under our present
laws. Though no Filipino woman as yet has been imprisoned for undergoing
an abortion, the threat hangs over the heads of all Filipino women
of childbearing age, and influences the way the health system, health
professionals, the community and the family look on her. This despite
the fact that many women driven to abortion may have begun as victims,
such as those who got pregnant as a result of rape or incest. As
the acrimonious debates on the "abortion bill" show, free,
unimpaired, rational and non-judgemental discussion on the legalization
of abortion may be difficult to achieve right now. Even more difficult
would be to legalize abortion even under very limited conditions
. Perhaps a discussion on the de-criminalization of the women who
do undergo abortion could be a start for fuller public debate on
the issue.
At the start of this paper, we dedicated it to the five women who
die each day in our country due to pregnancy or childbirth related
causes, since one or two of them would undoubtedly have died because
of abortion complications. Let me amend that to include the women's
children, the lives lost because their mothers had no real choices
except this last, desperate one. The ambiguities and ambivalence
that Filipinos profess towards abortion stems from the fact that
abortion seems to put at loggerheads two cherished icons of Filipino
culture: the madonna and the child. As a people, we value motherhood
and we love babies. We still must prove, though whether we also
respect the integrity of women's bodies and lives, and feel compassion
for the shared fates of mother and child in a hostile world that
offers few choices, except desperate and deadly ones.
REFERENCES
Burke, Cormac. "Marriage: Why Monogamous? Why Indissoluble?"
Lecture given in Nairobi, Kenya, on January 1979.
Catholic Bishops Conference of the Philippines. "CBCP: No
to Divorce Law," a position paper presented on H.B. No. 6993,
presented to the Committee on Revision of Laws, House of Representatives,
Congress of the Philippines, on May 19, 1999.
Feliciano, Myrna. The Filipina: A Historical Legal Perspective.
Q.C., Philippines, 1994.
Imbong, Jo Aurea M. "The Disappearance of Family in a Culture
of Divorce," a position paper on H.B. 6993, presented to the
Committee on Revision of Laws, House of Representatives, Congress
of the Philippines, on May 19, 1999.
Ortega, Manuel C., "House Bill No. 8443 (Submitted to the
Committee on Revision of Laws in substitution of House Bill No.
6993)" Republic of the Philippines, House of Representatives,
Quezon City, Metro Manila, Eleventh Congress, First Regular Session.
Paras, Edgardo. Civil Code of the Philippines, Annotated, 13th
edition. 1994.
Pasimio, Renato R. Family Code of the Philippines, 1998 edition.
Mandaluyong, Philippines: National Book Store, 1998.
Pogrebin, Letty Cottin. Family Politics: Love and Power on an
Intimate Frontier. New York: McGraw-Hill Book Company, 1983.
ACKNOWLEDGMENTS
PILIPINA wishes to thank those who contributed their time, efforts
and resources to the project:
- Veronica (Brownie/Ve) Fenix-Villavicencio and Rina Jimenez-David
who, despite their busy schedules and multiple concerns, took
time off to articulate our views and feelings on the issues;
- PILIPINA members, as well as friends from other womens
organizations who attended the local fora and national policy
forum/workshop;
- Our funding partner, the Friedrich Ebert Foundation, particularly
Dr. Rudolf Traub, Tos Añonuevo, Anamer Escarez and Sherry Bautista
for bravely supporting this project and flexibly accommodating
our requests for adjustments.
ABOUT PILIPINA
PILIPINA is a mass-based feminist organization which affirms the
vision of a transformed society in which both women and men shall
possess dignity, autonomy and equality. In this transformed society,
wealth and resources are shared equitably; care and nurture of persons
are valued; and development is premised on sustainable communities
and global well-being.
Concretely, PILIPINA is working for womens full participation
in public governance, with stress on public office and movements
for social change. Feminist exercise of power and leadership is:
people-centered; enabling and nurturing; consensual; collective;
inclusive; effective, i.e., having ones say and actualizing
ones will in every significant discourse. While PILIPINAs
mission focuses on women and public power as the key sphere of intervention,
it does encompass the entire range of womens concerns.
It seeks to pursue the following goals:
- A womens constituency that will hold public officers accountable
through the exercise of a womens vote;
- A qualitative increase in the number of gender-sensitive women
leaders in
- elective public offices at all levels
- appointive positions in strategic government bodies
- key social movements; and
- academe
- Mainstreaming and institutionalization of the womens agenda
as manifested in
- Adoption by social movements of gender equality as an operating
principle.
- Enactment of laws and policies on reproductive rights, violence
against women, economic rights of women and other primary concerns
of women.
- Serious consideration and adoption of the womens agenda
by political parties.
- Establishment of support systems, particularly for women with
multiple burdens in communities, and for women in leadership.
- Research, documentation and popularization of baseline data
and information on women. This shall also highlight models of
and experiences in the feminist exercise of power and leadership.
Published by PILIPINA
Supported by
The publication of this manual was made possible through the support
of the Friedrich Ebert Stiftung (FES).
PILIPINA, however claims sole responsibility for the views and
ideas presented in this manual.
PILIPINA
Room 303, PSSC Building, Commonwealth Avenue, Quezon City, Philippines
Tel/fax no.: (0632) 927-6349
E-mail: pilipina@codewan.com.ph
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Copyright Friedrich-Ebert-Stiftung 2000
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