Bill repealing law vs ‘premature marriage’ awaits Aquino approval

Benigno Aquino III. INQUIRER.net/Cathy Miranda

MANILA, Philippines–A bill seeking to decriminalize “premature marriage,” or when a widow remarries less than a year after her husband’s death, is awaiting the signature of President Benigno Aquino III.

This after the House of Representatives on its last session day Wednesday adopted the Senate version of the bill repealing the crime of premature marriage under the penal code.

Article 351 of the Revised Penal Code states that “Any widow who shall marry within 301 days from the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, should be punished…”
Premature marriage is punishable with a P500 fine and jail time of between one month and one day to six months.

In the explanatory note of Senate Bill No. 1647, author Senator Nancy Binay said there is no known conviction on premature marriage, but “it is high time that Congress takes the necessary step to abolish provisions of our laws which are antiquated and serve no other purpose other than to perpetuate discrimination against women.”

The lower chamber’s version House Bill No. 5280 likewise seeks to repeal the crime of premature marriage. It was approved on third and final reading on Monday.

Gabriela representatives Luz Ilagan and Emmi de Jesus, who authored the House version of the bill, said the “outdated” provision should be repealed because it “restricts a woman’s right to marry.”

The solons also said the only purpose of the provision is to avoid confusion on the paternity of a child who may have been conceived during the previous marriage but born during the subsequent marriage.

They said there is no need for the provision because the latest technology allows for the determination of a child’s paternity. The Family Code also elaborates on the proof of filiation, the solons added.

The proposed measure need not undergo a bicameral conference, or when both Houses of Congress meet to consolidate its versions of the bill, after the House adopted the Senate version. It will now be transmitted to the President for approval.

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