NIGHT OWL

The Philippines has long prided itself on being one of the more progressive nations in Asia when it comes to gender equality. Women have held high positions in government, business, and civil society, and the country has consistently ranked well in global gender parity indices. But beneath these statistics lies a glaring contradiction: a legal system that continues to treat men and women unequally in matters of fidelity and family law.

If we are truly committed to achieving gender equality, we must begin by addressing the deeply embedded legal biases that punish women more harshly than men for the same actions. One of the starkest examples of this imbalance is the country’s laws on infidelity, which impose unequal penalties on married men and women who engage in extramarital affairs.

Unequal punishment 

Under the Revised Penal Code of the Philippines, a married woman who engages in a sexual relationship outside her marriage can be charged with adultery—a crime punishable by imprisonment of up to six years. The husband only needs to present evidence of a single act of infidelity for his wife to be convicted.

By contrast, a married man who engages in an extramarital relationship is charged with concubinage—a crime that carries significantly lighter penalties. For a man to be convicted, his wife must prove that he has not only engaged in an affair but has also either cohabited with his mistress in their conjugal home, lived with her in another residence, or had sexual relations under "scandalous circumstances." The burden of proof is much higher, making it harder to prosecute men for the same transgression.

This distinction in legal definitions is archaic and deeply rooted in a patriarchal framework that assumes a woman's virtue is tied to her chastity, while a man’s infidelity is seen as a lesser offense. Such laws do not just fail women—they actively uphold gender discrimination in our justice system.

The case for reform

The argument for equal treatment under the law is not just a matter of principle—it is a necessity for a society that claims to value fairness and justice. If infidelity is to be penalized, it should be applied equally to both men and women. There is no justifiable reason for the law to impose stricter penalties on wives while offering men more lenient treatment.

Some might argue that since marriage is a moral and social contract, infidelity should be a private matter rather than a criminal one. In many countries, adultery is no longer considered a criminal offense, but rather a ground for civil cases such as annulment or divorce. If the Philippines wishes to move forward, it must, at the very least, ensure that existing laws on infidelity do not discriminate against women.

True gender equality

Legal reforms must be prioritized if we are to translate gender equality rhetoric into reality. Bills seeking to amend or repeal outdated laws on adultery and concubinage have been filed in Congress, but they often stall due to cultural resistance and political inertia. The reality is that a legal system that protects male privilege in family law is an extension of the broader inequalities that women face in the Philippines.

Beyond the legal framework, we must also work to change cultural perceptions that tolerate male infidelity while shaming women for the same actions. True gender equality is not just about giving women opportunities in the workforce or electing female leaders—it is about ensuring that men and women are held to the same standards in every aspect of life, including marriage and family.

If the Philippines is serious about addressing gender equality, it must start by reforming its outdated laws. We cannot claim to champion women’s rights while upholding legal double standards that punish them more harshly than men. The law should be blind to gender—but until it is, women will continue to be second-class citizens in their own country.