Gender Sensitivity and Laws on Women and Children’s Rights

Reviewer for Midterms

2022-107196
Week 2 - Gender Identity - person’s innermost concept of self as man,
woman, or another non-binary identity which may or may not
PART I – GENDER CONCEPTS
correspond with their sex or gender assigned at birth
1. Sex and Gender – identify and distinguish1 - Gender Expression - Gender Expression refers to the way a person
 The terms "sex" and "gender" refer to two (2) different ideas having vast communicates gender identity to others through behavior,
differences. These cannot be used interchangeably. Sex is a biological clothing, hairstyles, communication or speech pattern, or body
concept, while gender is a social concept. characteristics
 On one hand, sex "refers to the biological distinctions between males - Sex Characteristics - refers to a person's physical traits that
and females," and is based primarily on a person's capability to indicate their biological sex, such as chromosomes, external
reproduce. It "encompasses those that are biologically determined." genitalia, gonads, hormones, and internal reproductive organs,
 On the other hand, gender pertains to the "social elaboration of traits present at birth are called primary sex characteristics,
biological sex." It highlights "the socially constructed differences between whereas those that develop during puberty are called secondary
men and women" influenced by the different norms and standards of sex characteristics
societies, varying from one society to the other. 3. LGBTQI (Lesbian, Gay, Bisexual, Transgender, Queer and Intersex) identify
2. SOGIESC (Sexual Orientation, Gender Identity and Expression, and Sex and distinguish
Characteristics) – identify and distinguish  Lesbian - refers to a person who identifies herself as a woman and
 What is highly relevant to the issue is the recognition of an individual whose consistent physical, romantic, and/or emotional attractions are
based on his or her self-proclaimed identity for the purpose of to people who also self-identify as women.
acknowledging him/her in his/her claim for rights within the social  Gay - refers to a person who identifies himself as a man and whose
framework. To ensure this recognition, a specific form of legislation to enduring physical, romantic, and/or emotional attractions are to people
this effect is to be designed so that lesbians, gays, bisexuals, who also identifies themselves as men.
transgender (LGBT) and other LGBT individuals are able to obtain  Bisexual - refers to a person who has the capacity to form physical,
identity documents that reflect their preferred gender without abusive romantic, and/or emotional attractions to those of the same gender or
requirements. 2 to those of another gender.
 Actual Definitions Based on the SOGIESC Bill3  Transgender - refers to a person whose gender identity does not align
- Sexual Orientation – refers to the direction of emotional, sexual with the sex or gender assigned at birth, frequently abbreviated to
attraction, or conduct towards people of the same gender "Trans".
(homosexual  Queer – is an umbrella term for people who are not heterosexual or
are not cisgender.
 Intersex - refers to people born with the sex characteristics (including
1
REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. MILLER OMANDAM UNABIA, RESPONDENT GR No 213346 11 genitals, gonads and chromosome patterns) that do not fit typical
February 2019 (Leonen, J’s separate concurring opinion) binary notions of male or female bodies, all of which are natural bodily
2
https://juniperpublishers.com/acjpp/pdf/ACJPP.MS.ID.555570.pdf (SOGIESC in relation to the UN Framework)
3 variations along a spectrum
https://legacy.senate.gov.ph/lisdata/4011636567!.pdf (SOGIESC Bill)
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
 The Regional Trial Court (RTC) granted her petition on January 12,
2005, recognizing her right to self-identify as male and ordering the
4. Gender Binary necessary changes in her birth certificate and other records. The RTC's
 Definition - Is the classification of gender into two distinct forms of decision was based on medical testimony that supported Cagandahan's
masculine and feminine, whether by social system, cultural belief, or claim of being male, despite her biological makeup.
both simultaneously. Most cultures use a gender binary, having two  The Office of the Solicitor General (OSG) contested the RTC's ruling,
genders (boys/men and girls/women). arguing that the petition was defective due to non-compliance with the
5. Gender Stereotyping4 Rules of Court, specifically that the local civil registrar was not included
 Definition - Is the classification of gender into two distinct forms of as a party in the petition. The OSG also contended that CAH does not
masculine and feminine, whether by social system, cultural belief, or make Cagandahan a male and that Rule 108 does not permit changes in
both simultaneously. Most cultures use a gender binary, having two gender on birth certificates.
genders (boys/men and girls/women).  The Supreme Court, however, found that there was substantial
 It is the practice of ascribing to an individual woman or man specific compliance with the procedural requirements and emphasized that
attributes, characteristics, or roles by reason only of her or his gender should not be determined solely by biological factors but also
membership in the social group of women or men. A gender stereotype by an individual's self-perception and identity. The Court recognized
is, at its core, a belief and that belief may cause its holder to make the complexities of intersex conditions and affirmed Cagandahan's right
assumptions about members of the subject group, women and/or men. to identify as male, ultimately denying the OSG's petition and
In contrast, gender stereotyping is the practice of applying that upholding the RTC's decision.
stereotypical belief to a person.  The ruling underscored the importance of respecting individual identity
6. Policy Brief 11 by the PCW – not accessible anymore and the need for legal recognition of gender beyond traditional binary
7. Republic vs Cagandahan, GR No. 166676, September 12, 2008 classifications. The Court also supported the change of name as it
 Nature of Petition: Petition for Correction of Entries in Birth Certificate aligned with Cagandahan's preferred gender, affirming the decision to
filed by Jennifer B. Cagandahan and ordered the following changes of correct her birth certificate accordingly.
entries in Cagandahan's birth certificate: (1) the name "Jennifer
Week 3
Cagandahan" changed to "Jeff Cagandahan" and (2) gender from
"female" to "male." PART II – GENDER FAIR LANGUAGE
 The case revolves around Jennifer B. Cagandahan, who filed a petition
for the correction of entries in her birth certificate to change her name 1. The Importance of Gender Fair Language
from "Jennifer" to "Jeff" and her gender from "female" to "male."  Gender Fair Language is the language used with the intention of
Cagandahan was diagnosed with Congenital Adrenal Hyperplasia (CAH), reducing gender bias in one's mental representation, or mental
a condition that causes the body to produce male hormones, leading to understanding of an idea.
the development of secondary male characteristics.  Focused on Gender where it is grammatically marked in the
language.
4
https://www.ohchr.org/sites/default/files/Gender_stereotyping.pdf
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
 Examples: - Avoid using “man” in a compound noun AVOID: mankind. USE:
- Policeman = police officer people
- Chairman = chair person - Use inclusive wordings for relationship AVOID:
- House wife = home maker girlfriend/boyfriend. USE: partner
- Air hostess = flight attendant
Week 4
- Businessman = executive
 Note that the purpose of GFL is to reduce stereotypes and PART III – Legal Mandates for Gender and Development
discrimination.
- Thru: NEUTRALIZATION is achieved, for example, by replacing International Law
male-masculine forms (policeman) with gender-unmarked forms 1. CEDAW - Convention on the Elimination of all Forms of Discrimination
(police officer) Against Women
- FEMINIZATION relies on the use of feminine forms to make female  An international treaty adopted in 1979 by the UNITED NATIONS
referents visible (i.e., the applicant… he or she instead of the GENERAL ASSEMBLY
applicant… he).  Described as an INTERNATIONAL BILL OF RIGHTS for women
 Why is GFL Needed today?  Defines what constitutes discrimination against women and sets up
- Language excludes and includes an agenda for national action to end such discrimination.
- Its Use Reflects Your Awareness of the World’s Expanded  Examples of Discrimination as per CEDAW
Understanding of Gender (time & society demands it) - Discrimination of women in workplace
- It’s Vital for Attracting and Retaining Business and Social Relations - Muslim women being forced to uncover their hijabs
 Purpose of Cedaw
2. Sexism in Language - Once a State is part of the CEDAW Treaty:
 Definition - It is inherently discriminatory language, either written or a. affirms the reproductive rights of women
spoken, that implies an unjustified sexual bias against a group or an b. targets culture and tradition as influential forces shaping
individual, usually women, but sometimes men. gender roles and family relations.
 How does it happen? - When language excludes one sex or the other, c. affirms women's rights to acquire, change or retain their
or which suggests that one sex is superior to the other nationality and the nationality of their children.
 To avoid sexism in language - They must also:
- address men and women uniformly. Avoid Mr. and Mrs. Bruce a. to incorporate the principle of equality of men and women in
Kent and use Mr. Bruce Kent and Mrs. Narda Stone-Kent their legal system, abolish all discriminatory laws and adopt
- use parallelism. Avoid using man and wife. Use husband and wife. appropriate ones prohibiting discrimination against women;
- Use Gender Neutral Pronouns or Use Specifications. AVOID: Shea b. to establish tribunals and other public institutions to ensure
ate their food because she was hungry USE: She ate their food the effective protection of women against discrimination; and
because they were hungry
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
c. to ensure elimination of all acts of discrimination against - Women and the Media
women by persons, organizations or enterprises. - Women and the Environment
- The Girl Child
2. The Beijing declaration and Platform for Action
Week 6
 is a landmark document for advancing women's rights and gender
equality worldwide, agreed upon during the 4th World Conference PART V – The Magna Carta of Women
on women in 1995.
 it affirms the principles that would govern future actions and 1. Section 14, Article II of the 1987 Constitution
strategies for women and firmly established an agenda for  provides the State policy, thus: “The State recognizes the role of
empowering women by integrating their concerns into national women in nation-building, and shall ensure the fundamental equality
plans and policies. before the law of women and men.”
 adopted unanimously by 189 countries, is an agenda for women's 2. RA 7192 – Women in Development and Nation Building Act
empowerment and is considered the key global policy document on  Equality and Capacity to Act
gender equality. - Example is to obtain loans and enter into contracts
 Note: This declaration is being lead by the Philippine Commission on - Secure passports without the need to secure the consent of their
Women. For the Philippines, the Beijing Conference broadened the spouses
discussions on women’s rights to include violence against women,  Equal Membership in Clubs
women’s leadership and political participation, and economic - Women shall enjoy equal access to membership in all social, civic
concerns. It connected what was previously regarded as women’s and recreational clubs, committees, associations and similar other
issues with other pressing concerns on the environment, human organizations devoted to public purpose.
rights, population, and armed conflict. The country also adopted  Admission to Military Schools
gender mainstreaming as a strategy to advance women’s rights in the  Voluntary Pag-Ibig, GSIS and SSS Coverage
country. 3. RA 9710 – The Magna Carta of Women5
 12 Areas of Concern  What is Magna Carta of Women
- Women and Poverty - The Magna Carta of Women (MCW) is a comprehensive women’s
- Education and Training of Women human rights law that seeks to eliminate discrimination through
- Women and Health the recognition, protection, fulfillment, and promotion of the
- Violence Against Women rights of Filipino women, especially those belonging to the
- Women and Armed Conflict marginalized sectors of society.
- Women and the Economy - It is the local translation of the provisions of the Convention on
- Women in Power and Decision – making the Elimination of All Forms of Discrimination against Women’s
- Institutional Mechanisms (CEDAW), particularly in defining gender discrimination, state
- Human Rights of Women 5
https://pcw.gov.ph/faq-republic-act-9710-the-magna-carta-of-women/
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
obligations, substantive equality, and temporary special measures.  What are the rights of women guaranteed under the Magna Carta of
It also recognizes human rights guaranteed by the International Women?
Covenant on Economic, Social, and Cultural Rights (ICESCR). - All rights in the Philippine Constitution and those rights recognized
 Why is this law entitled the Magna Carta of Women and not Magna under international instruments duly signed and ratified by the
Carta for Women? Philippines, in consonance with Philippine laws shall be rights of
- In the process of national consultation during the 13th Congress, it women under the Magna Carta of Women. These rights shall be
was decided to rename the bill to Magna Carta of Women to enjoyed without discrimination since the law prohibits
highlight women’s participation and ownership of the bill. discrimination against women, whether done by public and private
 What is discrimination against women? entities or individuals.
- The Magna Carta of Women defines discrimination against women  The Magna Carta of Women also spells out every woman’s right to:
as: - Protection from all forms of violence, including those committed
 any gender-based distinction, exclusion, or restriction which by the State. This includes the incremental increase in the
has the effect or purpose of impairing or nullifying the recruitment and training of women in government services that
recognition, enjoyment, or exercise by women, irrespective of cater to women victims of gender-related offenses. It also ensures
their marital status, on a basis of equality of men and women, mandatory training on human rights and gender sensitivity to all
of human rights and fundamental freedoms in the political, government personnel involved in the protection and defense of
economic, social, cultural, civil or any other field; women against gender-based violence, and mandates local
 any act or omission, including by law, policy, administrative government units to establish a Violence Against Women Desk in
measure, or practice, that directly or indirectly excludes or every barangay to address violence against women cases;
restricts women in the recognition and promotion of their - Protection and security in times of disaster, calamities and other
rights and their access to and enjoyment of opportunities, crisis situations, especially in all phases of relief, recovery,
benefits, or privileges; rehabilitation and construction efforts, including protection from
 a measure or practice of general application that fails to sexual exploitation and other sexual and gender-based violence.
provide for mechanisms to offset or address sex or gender- - Participation and representation, including undertaking temporary
based disadvantages or limitations of women, as a result of special measures and affirmative actions to accelerate and ensure
which women are denied or restricted in the recognition and women’s equitable participation and representation in the third
protection of their rights and in their access to and enjoyment level civil service, development councils and planning bodies, as
of opportunities, benefits, or privileges; or women, more than well as political parties and international bodies, including the
men are shown to have suffered the greater adverse effects private sector.
of those measures or practices; and discrimination - Equal treatment before the law, including the State’s review and
compounded by or intersecting with other grounds, status, or when necessary amendment or repeal of existing laws that are
condition, such as ethnicity, age, poverty, or religion. discriminatory to women;
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
- Equal access and elimination of discrimination against women in - Leave benefits of two (2) months with full pay based on gross
education, scholarships and training. This includes revising monthly compensation, for women employees who undergo
educational materials and curricula to remove gender stereotypes surgery caused by gynecological disorders, provided that they
and images, and outlawing the expulsion, non-readmission, have rendered continuous aggregate employment service of at
prohibiting enrollment and other related discrimination against least six (6) months for the last twelve (12) months;
women students and faculty due to pregnancy outside of - Equal rights in all matters relating to marriage and family relations.
marriage; The State shall ensure the same rights of women and men to:
- Equal participation in sports. This includes measures to ensure that enter into and leave marriages, freely choose a spouse, decide on
gender-based discrimination in competitive and non-competitive the number and spacing of their children, enjoy personal rights
sports is removed so that women and girls can benefit from sports including the choice of a profession, own, acquire, and administer
development; their property, and acquire, change, or retain their nationality. It
- Non-discrimination in employment in the field of military, police also states that the betrothal and marriage of a child shall have no
and other similar services. This includes the same promotional legal effect.
privileges and opportunities as their men counterpart, including  The Magna Carta of Women also guarantees the civil, political and
pay increases, additional benefits, and awards, based on economic rights of women in the marginalized sectors, particularly their
competency and quality of performance. The dignity of women in right to:
the military, police and other similar services shall always be - Food security and resources for food production, including equal
respected, they shall be accorded with the same capacity as men rights in the titling of the land and issuance of stewardship
to act in and enter into contracts, including marriage, as well as be contracts and patents;
entitled to leave benefits for women such as maternity leave, as - Localized, accessible, secure and affordable housing;
provided for in existing laws; - Employment, livelihood, credit, capital and technology;
- Non-discriminatory and non-derogatory portrayal of women in - Skills training, scholarships, especially in research and
media and film to raise the consciousness of the general public in development aimed towards women friendly farm technology;
recognizing the dignity of women and the role and contribution of - Representation and participation in policy-making or
women in family, community, and the society through the decisionmaking bodies in the regional, national, and international
strategic use of mass media; levels;
- Comprehensive health services and health information and - Access to information regarding policies on women, including
education covering all stages of a woman’s life cycle, and which programs, projects and funding outlays that affect them; • Social
addresses the major causes of women’s mortality and morbidity, protection;
including access to among others, maternal care, responsible, - Recognition and preservation of cultural identity and integrity
ethical, legal, safe and effective methods of family planning, and provided that these cultural systems and practices are not
encouraging healthy lifestyle activities to prevent diseases; discriminatory to women;
- Inclusion in discussions on peace and development;
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
- Services and interventions for women in especially difficult  What are the specific responsibilities of government under the Magna
circumstances or WEDC; Carta of Women? 0
- Protection of girl-children against all forms of discrimination in - The Magna Carta of Women mandates all government offices, including
education, health and nutrition, and skills development; and government-owned and controlled corporations and local government
- Protection of women senior citizens. units to adopt gender mainstreaming as a strategy for implementing the
 The Magna Carta of Women defines the marginalized sectors as those who law and attaining its objectives. It also mandates (a) planning,
belong to the basic, disadvantaged, or vulnerable groups who are mostly budgeting, monitoring and evaluation for gender and development, (b)
living in poverty and have little or no access to land and other resources, the creation and/or strengthening of gender and development focal
basic social and economic services such as health care, education, water and points, and (c) the generation and maintenance of gender statistics and
sanitation, employment and livelihood opportunities, housing security, sex-disaggregated databases to aid in planning, programming and policy
physical infrastructure and the justice system. These include, but are not formulation.
limited to women in the following sectors or groups: Small farmers and rural
How will the implementation of the Magna Carta of Women be funded?
workers, Fisherfolk, Urban poor, Workers in the formal economy, Workers
in the informal economy, Migrant workers, Indigenous Peoples, Moro, -The Magna Carta of Women provides that the State agencies should
Children, Senior citizens, Persons with disabilities, and Solo parents. utilize their gender and development budgets for programs and activities
to implement its provisions. (PER JUDGE, MOST SIGNIFICANT PART OF
 How can Filipino women living abroad benefit from this law? MAGNA CARTA)
- Section 37 of the Magna Carta of Women mandates the 4. Cases:
designation of a gender focal point in the consular section of  Sps Imbong vs Ochoa et.al
Philippine embassies or consulates. The said officer who shall be - The case centers on the constitutionality of the Responsible Parenthood
trained on Gender and Development shall be primarily and Reproductive Health Act of 2012 (RH Law) in the Philippines.
responsible in handling gender concerns of women migrant
workers, especially those in distress. **Petitioners' Arguments:**
- Other agencies (e.g. the Department of Labor and Employment 1. **Right to Life**: Petitioners argue that the RH Law violates the right to life
and the Department of Social Welfare and Development) are also of the unborn by allowing access to contraceptives they claim are
mandated to cooperate in strengthening the Philippine foreign abortifacients.
posts’ programs for the delivery of services to women migrant
workers, consistent with the one-country team approach in 2. **Freedom of Religion**: They contend that the law infringes on their
Foreign Service. religious beliefs by mandating the use of contraceptives and requiring medical
 Who will be responsible for implementing the Magna Carta of Women? practitioners to provide information on reproductive health services that
- Everyone but primarily the Philippine Government shall be the primary contradict their faith.
duty-bearer in implementing the said law.
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
3. **Free Speech**: The petitioners assert that the law violates their right to 3. **Religious Freedom**: The Court upheld the principle of separation of
free speech by compelling them to disseminate information on family Church and State, granting primacy to the religious freedom of health
planning methods against their beliefs. providers and exempting conscientious objectors from certain mandates of
the RH Law.
4. **Involuntary Servitude**: They argue that the law imposes involuntary
servitude on medical practitioners by requiring them to refer patients for 4. **Duty to Refer**: The Court found the duty to refer imposed on
reproductive health services, even if it conflicts with their conscience. conscientious objectors unconstitutional, as it burdens their religious
freedom.
5. **Spousal Consent**: The provision requiring spousal consent for family
planning services is challenged as unconstitutional. **Key Constitutional Provisions Discussed:**

**Respondents' Defense:** - The sanctity of family life and the duty of the state to protect the family.

1. **Right to Health**: Respondents argue that the RH Law promotes public - The right to life of both the mother and the unborn child from conception.
health and the well-being of families, ensuring access to safe and legal
- The natural right and duty of parents in the upbringing of their children.
contraceptives.
**Conclusion**: The Supreme Court's ruling reflects a balance between
2. **Personal Choice**: They assert that the use of contraceptives is a
public health interests and the protection of individual rights, particularly
personal choice protected by the right to privacy and that the law does not
concerning religious beliefs and parental authority.
allow abortifacients.
 Republic vs Manalo GR 221029, April 24, 2018
3. **Duty to Refer**: The respondents maintain that the duty to refer
**Facts:**
patients is a reasonable regulation that respects religious freedom while
- Marelyn Tanedo Manalo, a Filipino citizen, filed a petition for cancellation
ensuring access to healthcare.
of her marriage entry in the Civil Registry of San Juan, Metro Manila, based
4. **Separation of Church and State**: They emphasize that the RH Law is on a divorce decree from a Japanese court.
secular and does not impose any religious beliefs. - Manalo was previously married to a Japanese national, Yoshino Minoru,
and sought to have her marriage entry canceled to remarry.
**Court's Decision:**
- The Regional Trial Court (RTC) denied her petition, stating that Philippine
1. **Constitutionality Upheld**: The Supreme Court ruled that the RH Law is law does not allow Filipinos to file for divorce, regardless of where they
constitutional, affirming that it does not violate the right to life of the unborn, reside.
as it does not promote abortion. - Manalo appealed to the Court of Appeals (CA), which reversed the RTC's
decision, ruling that Article 26 of the Family Code applies even if the Filipino
2. **Spousal Consent Provision**: The Court declared the provision requiring spouse initiated the divorce.
spousal consent for family planning services unconstitutional, recognizing the
unity of direction in marriage. **Issue:**
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
- Does a Filipino citizen who obtains a divorce decree from a foreign court
have the capacity to remarry under Philippine law? **Significance:**
- This case affirms the recognition of foreign divorce decrees for Filipino
**Ruling:** citizens, allowing them to remarry and addressing the complexities faced by
- The Supreme Court affirmed the CA's decision, ruling that a Filipino citizen those in mixed marriages.
who obtains a divorce decree from a foreign court can remarry in the - It highlights the ongoing debate regarding divorce laws in the Philippines
Philippines under Article 26(2) of the Family Code. and the need for legislative action to address the rights of Filipinos in such
situations.
**Legal Basis:**
- Article 26(2) states that if a marriage between a Filipino citizen and a  Republic vs Manalo GR 221029, April 24, 2018
foreigner is validly celebrated abroad, and the foreigner obtains a divorce, **Facts:**
the Filipino spouse shall also have the capacity to remarry. - Richelle Busque Ordoña was married to Ariel O. Libut but separated due to
- The Court emphasized that this provision is a narrow exception to the Ariel's illicit relationship.
prohibition against absolute divorce in the Philippines, aimed at addressing - While working in Abu Dhabi, Richelle had an intimate relationship with
the unfair situation of a Filipino spouse remaining married while the foreign Allan D. Fulgueras, resulting in the birth of her son, Alrich Paul Ordoña
spouse is free to remarry. Fulgueras, on January 26, 2010.
- The child's birth certificate listed Allan as the father, although Richelle
**Arguments and Deliberations:** claimed he did not sign the Affidavit of Acknowledgment.
- The Court discussed the implications of Article 26(2) and its potential - Richelle filed a Rule 108 petition to change Alrich's surname to her maiden
discrimination against Filipinos married to fellow Filipinos. name and delete Allan's information from the birth certificate.
- It was argued that the provision recognizes the effects of foreign divorce
decrees on Filipinos, preventing an absurd situation where a Filipino spouse **Lower Court Decisions:**
is still considered married while the foreign spouse is not. - The Regional Trial Court (RTC) denied the petition, stating that deleting the
- The Court held that the distinctions made by Article 26(2) are reasonable father's information would leave Alrich without a father, which would be
and based on substantial differences, thus not violating the equal protection more embarrassing for him.
clause of the Constitution. - The Court of Appeals (CA) affirmed the RTC's decision, emphasizing the
presumption of legitimacy and the limited grounds for contesting a child's
**Conclusion:** legitimacy.
- The Supreme Court ruled that Article 26(2) should be interpreted to allow
a Filipino citizen who obtains a divorce from a foreign court to remarry in
the Philippines.
- The case was remanded to the RTC for further proceedings to assess the **Supreme Court Decision:**
relevant Japanese law on divorce and its implications for Manalo's situation.
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
- The Supreme Court upheld the lower courts' decisions, stating that - Amadea claims to be the natural child of Arturo C. Aquino, who is the son
legitimacy and filiation cannot be collaterally attacked in a Rule 108 petition. of Miguel. She was born after Arturo's death, which raised questions about
- The Court emphasized that only the husband or his heirs can impugn the her filiation and inheritance rights.
legitimacy of a child born within a valid marriage. - Rodolfo C. Aquino, Arturo's brother, opposed Amadea's claim, arguing that
- The petition was dismissed for failing to comply with procedural she failed to prove her relationship to Arturo and was born more than nine
requirements, specifically the need to implead all indispensable parties, months after his death.
including Ariel.
**Trial Court Proceedings:**
**Key Legal Principles:** - The trial court initially recognized Amadea as an acknowledged natural
- Under Philippine law, the legitimacy of a child born during a valid marriage child of Arturo, allowing her to inherit from Miguel's estate.
is presumed and can only be contested through a direct action by the - Rodolfo and Abdulah C. Aquino (another brother) filed motions for
husband or his heirs. reconsideration, which were denied.
- The Court noted the procedural requirements under Rule 108 must be
strictly followed to ensure orderly justice. **Court of Appeals:**
- The Supreme Court called for legislative action to address the disparity in - Rodolfo appealed, and the Court of Appeals reversed the trial court's
the legal standing of mothers and fathers regarding the ability to contest a decision, ruling that Amadea did not prove her filiation and thus could not
child's legitimacy. inherit.

**Conclusion:** **Supreme Court Ruling:**

- The Supreme Court denied Richelle's petition, affirming the decisions of - Amadea petitioned the Supreme Court, which ruled in her favor, stating
the lower courts and highlighting the need for legislative reforms to provide that nonmarital children can inherit from their grandparents through the
mothers with a remedy for establishing their children's true filiation. right of representation.
- The Court interpreted Article 992 to allow nonmarital children to inherit
 Aquino vs Aquino GR No. 208912 & 2019018 from direct ascendants, emphasizing the need to protect children's rights
The case of Aquino v. Aquino revolves around Amadea Angela K. Aquino, a and interests.
nonmarital child seeking to inherit from her grandfather, Miguel T. Aquino's - However, the Court noted that Amadea still needed to prove her filiation
estate. The primary legal issue concerns the interpretation of Article 992 of to Arturo, leading to a remand to the trial court for further proceedings.
the Civil Code, which traditionally prohibits illegitimate children from
inheriting from the legitimate relatives of their parents. **Key Points:**
- The Supreme Court highlighted the importance of a full trial to establish
the authenticity of documents and the credibility of evidence presented by
Amadea.
**Background:**
Gender Sensitivity and Laws on Women and Children’s Rights
Reviewer for Midterms
2022-107196
- The ruling underscored the need to revisit and reinterpret Article 992 in
light of changing societal norms, suggesting that the provision should not
apply rigidly without considering individual circumstances.
- The Court emphasized that the presumption of animosity between
legitimate and illegitimate families is disputable and should be evaluated
based on evidence.

**Conclusion:**
The case illustrates the evolving interpretation of inheritance laws
concerning nonmarital children in the Philippines, balancing legal provisions
with the principles of equity and the best interests of the child. The
Supreme Court's decision marks a significant step towards recognizing the
rights of nonmarital children in succession matters.