Adultery and concubinage: a review on the legal standards used as basis for their distinction, and the changes under the present time and their enforcement / Gee-Ann L. Jugan.
Material type:
TextPublisher: Cebu City : University of Cebu, 2016Description: iii, 82 leavesContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: Equality between men and women before the law is guaranteed by no less than the 1987 Constitution. This confirms that gender should not be a basis in the application of law. Martial infidelity is a violation of breach of good faith and confidence by one or both spouses to their matrimonial vows. Under the Revised Penal Code, our laws on adultery and concubinage both constitute marital infidelity. However, both provisions contain distinctions that are discriminatory for violation of equal protection. The study's main problem concerns the determination whether the legal standard used before by the lawmakers to validate the distinction between the two provisions valid. The study employs a qualitative research methodology and historical and document analysis method. The findings of the study show that the legal standard used before by the lawmakers no longer provides for the validity of the distinction set between Articles 333 and 334. From the rational basis scrutiny test used before, the more accurate standard of equal protection for the two laws is the intermediate scrutiny test. The study follows that since the provisions concern about gender, rational basis scrutiny is too broad to test the validity of classification between wife and husband. The study also follows that a change in the legal standard also affects the validity of the distinction between the two crimes, and their continued enforcement would result in the violation of equal protection. Hence, the study proposes necessary amendments for both provision to accord equality to both wife and husband and to carry out the purpose of the two provisions, to punish marital infidelity for breach of marital vow.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
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Reserved (Law) | T J93ad 2016 (Browse shelf) | Not for loan | 3UCBLL000008032 |
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, Cebu City.
Includes bibliographical references (leaves 78-80).
Summary: Equality between men and women before the law is guaranteed by no less than the 1987 Constitution. This confirms that gender should not be a basis in the application of law. Martial infidelity is a violation of breach of good faith and confidence by one or both spouses to their matrimonial vows. Under the Revised Penal Code, our laws on adultery and concubinage both constitute marital infidelity. However, both provisions contain distinctions that are discriminatory for violation of equal protection. The study's main problem concerns the determination whether the legal standard used before by the lawmakers to validate the distinction between the two provisions valid. The study employs a qualitative research methodology and historical and document analysis method. The findings of the study show that the legal standard used before by the lawmakers no longer provides for the validity of the distinction set between Articles 333 and 334. From the rational basis scrutiny test used before, the more accurate standard of equal protection for the two laws is the intermediate scrutiny test. The study follows that since the provisions concern about gender, rational basis scrutiny is too broad to test the validity of classification between wife and husband. The study also follows that a change in the legal standard also affects the validity of the distinction between the two crimes, and their continued enforcement would result in the violation of equal protection. Hence, the study proposes necessary amendments for both provision to accord equality to both wife and husband and to carry out the purpose of the two provisions, to punish marital infidelity for breach of marital vow.
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