De La Salle University

Ramon V. Del Rosario College of Business

Premature Marriage: A Happily Never After

A Study on the Unconstitutionality of Art. 351 Under the
Revised Penal Code
A Thesis Proposal Paper
Presented to:
Atty. Hilario S. Caraan
Commercial Law Department
In Partial Fulfillment
Of the course requirements
In DOCULMG
Term 1 A.Y. 2014 - 2015
Christelle Ayn D. Baldos
Ivan Chris T. Luzuriaga
Researchers

Atty. Arvin A. Jo
Thesis Adviser

I. THE RESEARCH PROBLEM

A.

BACKGROUND OF THE RESEARCH

Marriage, as defined by the Family Code, is the foundation of the family and
an inviolable social institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation.1 Considering that marriage is an
institution described as inviolable and not subject to stipulation, having to put
restrictions on it defeats the purpose of being defined as such. As the government
would like to believe that our laws should be understood clearly, there is an entire
Article in the Constitution that devotes itself to the family and marriage2 recognizing
it "as the foundation of the nation." It gives emphasis on the right of spouses to have
a family. The family must also be regarded as something so sacred that the source
of the formation of the family marriage, must also be put in such a high level of
protection from laws impinging its coming into being.

Sec. 3 The State shall defend:

(1) The right of spouses to found a family in
accordance with their religious convictions and the
demands of the responsible parenthood;
The family is the natural and fundamental group unit of society and is entitled to

1
2

FAMILY CODE, art. 1

CONST. art. XV, sec. 3, par. (1)

 3
protection by society and the State.3 The constitution mandates that marriage, as a
social institution, is inviolable or unbreakable and it is protected from dissolution at
the impulse of the married couple. Both the family and marriage are to be
"protected" by the state.4 Our laws give a high regard to the validity of marriage
being that the family is the foundation of society and the unity of man and woman as
honorable. 5 Despite being an important institution in society, there are still laws
challenging the importance and liberality of marriage. In this study, the researchers
are calling into question the constitutionality of an article found in Republic Act No.
3815 otherwise known as the Revised Penal Code of the Philippines. For this, the
Revised Penal Code, the single most comprehensive compilation of Philippine penal
laws that took effect on January 1, 1932, often receives the blame, as it is indeed
replete with discriminatory provisions that basically echoed those in its predecessor,
the Spanish Penal Code.6 The researchers, going with the premise of studying a
discriminatory article found in the Revised Penal Code with relevance to marriage7,
found that Premature Marriage is unconstitutional for it contradicts the fact that
marriage is a liberty of every human being. Regardless if man or woman, every
person may exercise this provided that it does not harm the greater majority or bring
such a threat to society that it impedes everyone elses rights.

Art. 351. Premature marriage Any widow who shall

marry within three hundred and one days from the date of
the death of her husband, or before having delivered if
she shall have been pregnant at the time of his death,

3 Universal

Declaration of Human Rights, September 1997 (1998),

http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf
4
Suazo v. Suazo, et. al., G.R. No. 164493, March 10, 2010
5
Id.
6 E. Sanchez, The Filipina and the Law: A Tribute to Womens Rights, 110 (2008)
7
REV. PEN. CODE. title 12, ch. 2, art. 351

shall be punished by arresto mayor and a fine not

exceeding 500 pesos.
The same penalties shall be imposed upon any
woman whose marriage shall have been annulled or
dissolved, if she shall marry before her delivery or before
the expiration of the period of three hundred and one
days after the legal separation.
As seen in the provision, it penalizes a person, specifically women, for remarrying a man in less than 301 days upon the death of her husband or before her
delivery of the child with the first husband or a woman whose marriage is dissolved
or annulled. In the defense of the law, it provides a reason why this article stands
and the purpose that it serves for providing such a standard for the limitation of
remarrying.

While the ordinary average duration of the pregnancy of a

woman is nine months and some days, a tardy birth is not
an impossibility or an unusual event and neither is it
impossible or unusual to have a delayed or retarded
conception, one of the inexplicable mysteries of nature.
For this reason, the Revised Penal Code, imposes a
punishment upon a widow who marries before three
hundred and one days have elapsed from the death of her
husband, a prohibition which is in accordance with other
legal provisions, and which is intended to prevent
confusion in connection with filiation and paternity,
inasmuch as the widow might have conceived and become
pregnant by her late husband. The law, when fixing the
said three hundred and one days, admits the possibility
that a woman may be in pregnancy for more than nine
months, and that the birth of a child taking place nine
months after it was conceived is not an impossibility.8

8 U.S. vs. Dulay, 10 Phil. 302 (1908)
4

 5
The law sees that a woman giving birth may not exactly be 9 months only as
per the normal time period. There is a possibility that the woman may exceed the
ordinary 9-month period thus allowing for another month ergo making the rule 10
months (or 301 days) since this anomaly is inexplicable in the first place. This
provision seeks to prevent doubtful paternity and filiation that was harder to do in the
period where technology hasnt innovated enough to provide sufficient and accurate
evidence as to the paternity of the child. It is questionable though why penalizing the
woman for remarrying during the given period mentioned in the provision is even
necessary, for marriage is an essential liberty for every human being. It is even more
questionable as to why only women are given such a penalty and no penalties may
be found as to the remarriage of men with other women? It is in the exercise of
freedom and liberty, with regards to the law, that a person may feel that he or she is
living a fulfilled life. It is true that the article forms part of our law, but how could
imprisonment be a corrective approach to solving this so-called crime in the first
place?

Despite the restriction, the law states that the period of 301 days may be
disregarded if the first husband was impotent or sterile.9 In People v. Masinsin10, the
Court of Appeals ruled that if the woman can present conclusive evidence that she
could not get pregnant with her first spouse because of the husbands sterility, or if
she is permanently impotent, or if the second spouse suffers the same infirmity,
then the rule may be disregarded. Due to this circumstance, the child bearing would

9

2 L. Reyes, The Revised Penal Code, 978, 17TH Edition (2008)

People v. Masinsin [C.A.] 49 O.G. 3908

10

 6
be impossible for the woman, which would render the law inapplicable and the
exception possible since by common knowledge, there is nothing to prove if there is
no possibility of getting pregnant anyway. With respect to this, the researchers
would like to point out that there is a clear understanding as for the logic behind why
no penalties would stand with regards to men they are incapable of giving birth
therefore no doubts of maternity or parenthood may be put in to question but the
sole fact that the article on Premature Marriage actually penalizes a woman for
exercising her liberty to remarriage contests the clauses on liberty and equality
protection of the laws.

The researchers have reiterated that marriage is a liberty for every human
being as supported by Article 3, Section 1 of the 1987 Constitution11 that says that:

No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied
the equal protection of the laws. (Emphasis supplied)
Art. 351 of the Revised Penal Code is erroneous when it comes to giving (or
not giving) women the right to exercise their freedom to marry. The penalties
emanating from this article is exorbitant in a sense that marriage is so sacred for
such a penalty to be imposed upon women only which is evident in such a way that
arrest in itself is already a form of restriction, which in turn is not corrective in
nature, in addition to the small fine of no more than 500 pesos. Liberty is not
something to be taken lightly especially considering that the researchers are

11

CONST. art. III, sec. I

 7
discussing the study on the view of democracy where freedom and liberty is put on
the highest pedestal. Just like any other concept in Constitutional Law, liberty does
not remain as is. It never halts. It is a concept that moves on with the changing of
times and it adjusts to the needs of the current generation without necessarily
having to contradict laws. 12 Liberty, in a sense, should be adjusted with what is
morally justified now because what may be erroneous before isnt necessarily the
same way all throughout the times. With that in mind, liberty stands through the test
of time and should be remedial in nature to how times may also bring about drastic
or minimal change. According to Gorospe13, liberty may be acted upon in such a
way that one may feel he is living his life without being guarded down to an extent
that his life choices are full of restraints. Regarding restraints, he has mentioned:

The same includes many of the attributes of ones being

which make for a fruitful life, such as the freedom to do
much of what a person might wish to do with his life, from
simply being left alone to associating with others, from
abstinence and celibacy to recreation and procreation, and
from the imposition of a discipline of self-sacrifice to the
pursuit of happiness and hedonism - but always with due
regard to the rights of others, though.
Liberty, as protected by due process of law, does not simply mean to say
freedom from physical restraint.14 On this note, the researchers would like to denote
that liberty is not absolute. The limitation is set to as long as no law has been
violated and public morals remaining undisturbed. As long as one does not infringe

1 R. Gorospe, Constitutional Law: Notes and Readings on the Bill of Rights, Citizenship and Suffrage, on paragraph
1, page 85 (2006)
13 supra note 12 at 84
14
I. Cruz, Constituional Law, page 161 (2007)
12

 8
the rights of another person and as long as his acts or words do not bring threat, evil
or harm to the greater number of society, then one may exercise his liberty freely in
accordance with the law.

In addition to restrictions of liberty, the researchers have observed how the

provision was worded and the penalties and reasons that encompass the provision.
There is an inequality that transpires from it. The Constitution upholds equality
between the sexes.15 It does not mean to say that one must rise above the other. If
state grants the right of liberty, equality and fraternity to each individual, why is this
right not extended to women? Equality with women was not an easy fact to accept
especially in the earlier times of history. It was an inconceivable concept not readily
imbibed in societys standards of what equal really was.16 But throughout the course
of time, there have been several laws and treaties, that the Philippines is a signatory
to, that try to abridge the inequality between the sexes and the attempt to uphold the
rights of women everywhere. As mentioned before, equality between the sexes has
gone through a rigorous process to be achieved. Article 7 of the Universal
Declaration of Human Rights states that all are equal before the law and are
entitled without any discrimination to equal protection of the law.17 This is with
regard to equality and the equal protection of the laws and both sexes are entitled to
the same equality without any discrimination.

15 supra

note 12 at 341
Globalization & Human Rights of Women with reference to Mary Wollstonecrafts Vindication of the Rights of
Women, 3 Global Media Journal Indian Edition (2012) available at http://www.caluniv.ac.in/global-mdiajournal/Commentaries/C2%20BARNALI.pdf, accessed on July 20, 2014
17
supra note 3
16 Ray,

 9
In this aspect of equality, women, especially now in the Age of Feminism,
should be given the equal right to marriage without having to be constrained in a
time period in which they are forced to wait and sanctioned for exercising their
liberty to marry. The researchers still give high regard to the purpose of Art. 351.
The reason behind the law is clear and it does, to some extent, still provide equality
between the sexes for this gives protection as to doubtful paternity. It is, however,
outweighed by the penalty or burden imposed to women with regards to
remarrying, especially considering how paternity may be proven easier nowadays

Lastly, on the part of women, the restrictions put by Art. 351 of the Revised
Penal Code would put an additional hindrance on women when it comes to them
being able to directly contribute to national development. The pregnancy of a
woman, though not a total liability, already impedes her from working and fulfilling
her duties not only to herself but to the nation as well. Seeing as how imprisonment
and a minor fine is the penalty for the said crime only a woman could commit
under this particular article, it creates an obstruction from opportunities she could
have had while being imprisoned because of the penalty imposed upon her which,
in the researchers perspectives, should not be an issue anymore in this day and
time. The Constitution clearly mandates in its Declaration of State Policies that
womens roles be recognized in the development of our nation18. It states that:

18

CONST. art. II, sec. XIV

 10

Sec. 14 The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equity before
the law of women and men
The article alone provides a clear definition that our law also respects the
duty of women to take part in the leadership and development of our country
alongside men. Not only can this be found in our Constitution but a separate statute
on women and nation building has been upheld for the advancement of women and
their contribution to our nation. Republic Act No. 719219 promotes the integration of
women as equals with men when it comes to nation al development and other
purposes of societal and economic advancement.

Sec. 2. Declaration of Policy The State recognizes the

role of women in nation building and shall ensure the
fundamental equality before the law of women and men.
The State shall provide women the rights and opportunities
equal to that of men.
A part of the equality that women have long been fighting for is their right to be heard
in the same level as men. Different laws have been enacted to be able to uphold the
rights of women everywhere. Those rights includes their say in nation building,
societal change and basically, for them to be heard in society and to be able to
contribute to the advancement of society. With regards to Art. 351 of the Revised
Penal Code, as discussed earlier, one of the penalties include imprisonment.
Imprisonment, as mentioned before, is in itself a form of restriction. Also in the said

19

R.A. 7192, Sec. 2

10

 11
provision20, it includes the clause or before having delivered if she shall have been
pregnant at the time of his death. This implies that regardless if the woman is
proven to be pregnant or not, also regardless with whom she is pregnant with, so
long as she remarries before the 301 days (or 10 months) has elapsed, she can still
be imprisoned and charged. This is basically saying that the penalty still applies
whether or not there is paternity to be proven which, all the more, widens the
chances of a woman being imprisoned for the non-compliance of the rules stated in
the provision. This further restricts them from their capacity to serve our nation. In
the Convention on the Elimination of all Forms of Discrimination Against Women21,
an international treaty that the Philippines is a signatory to, it upholds the capability
and potentials of women to partake in developing the country.

Recalling that discrimination against women violates the

principles of equality of rights and respect for human
dignity, is an obstacle to the participation of women, on
equal terms with men, in the political, social, economic and
cultural life of their countries, hampers the growth of the
prosperity of society and the family and makes more
difficult the full development of the potentialities of women
in the service of their countries and of humanity.

As stated, it is the duty of the state to make sure that women and men are
equal at all times and also has equal terms with their contribution to our nation as a
whole. In the case of women being imprisoned under this article, the combination of
pregnancy and imprisonment does not necessarily make them think on a lighter
note and the additional emotional baggage that puts on a person will continue to

20

supra note 7
Convention on the Elimination of all Forms of Discrimination Against Women, July 17, 1980 (1981),
http://www.ohchr.org/Documents/ProfessionalInterest/cedaw.pdf
21

11

 12
hinder them from being a progressive citizen and a contributor to national
development. In this view, the researchers see that all of this will eventually bring
down the competency of what a woman is really capable of and this contradicts the
equal opportunities made available to women which in turn further restricts them to
be a player in developing our nation.

If the reason for Art. 351 of the Revised Penal Code is to prevent doubtful
paternity in the event a woman gives birth during another marriage22, so does this
mean the law is considering the pregnancy of a woman as a liability and the life of
the eventual child as a mere hindrance to the life of a man? All of us have a right to
our life, liberty and property. True enough that the prevention of doubtful paternity is
important as we are also trying to protect the right of a man and the rightful father of
the eventual child, but whether or not that is the legitimate child of the next husband,
as long as the man is willing to care for the woman and the child, ergo giving his full
consent to the custody of the child, is that not enough for a man and a woman to be
secure of going into this next relationship without having to be penalized for it?

The researchers see how this article is problematic and how it contains legal
issues on constitutionality. With a general idea of the provision and penalties that
come with it, the provision is clearly contestable. This study is conducted on the
grounds that the researchers do not agree with its stand but it respects the purpose
it serves.

22 (n.a.),

Illegal Marriages, http://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1436-illegalmarriages.html, Last Accessed on July 10, 2014

12

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B. RESEARCH QUESTIONS

The researchers are contesting the constitutionality of Art. 351 of the Revised
Penal Code which penalizes Premature Marriages. As mentioned in the researchers
background, it goes against the life, liberty and property clause of the 1987
constitution. With its underlying penalties, it also restricts women in their capacity to
contribute to nation building and social and national development. The researchers
further will further explain what they are trying to contest in the succeeding
discussions. The researchers also divided the questions to be contested

The main issue of the researchers regarding the study is if Art. 351 of the
Revised Penal Code, an article on Premature Marriage is constitutional. The
researchers will then answer 3 underlying questions about the article and those are
the following:

Despite the reason of the law for why this article exists and not withstanding
the fact that, will this law still stand firm despite the changes that society has
gone through since the enactment of the Revised Penal Code?

In view of the age of feminism and the rising role of women in society, is the
law really pushing for equal protection with the continuing enactment of this
provision?

13

 14

With regards to the restrictions set by the provision in question, can women
truly be able to assist or take part in national progress and development if
they were to be restricted in this manner provided by the Art. 351 of the RPC?

Further explaining the raised questions, the researchers are asserting the idea
that this goes whether or not if there is a paternity case at hand. The provision is
clear regarding the conditions for imprisonment but the only reason the law provides
is the prevention of doubtful paternity which in this case shouldnt apply to just the
dissolution of marriage anyway. The researchers firmly believe that the provision
truly furthers the delimitation of the rights of women with regards to life, liberty, equal
protection of the laws and the potentials and capacities of women to be a
progressive individual contributing to national development.

C. OPERATIONALIZING TERMS
1.) Paternity Exclusion If the alleged father is excluded from being the
biological father of the child, it means that there are some genetic markers present in
the child that cannot be found in either the child's mother or in the tested alleged
father. In other words, the child has a paternal allele that is not found in the tested
man.23
2.) Paternity Inclusion For each genetic site tested, the child matches one
allele of the mother; therefore, the child received that genetic variant (allele) from the
mother. The other allele in the child matches the allele of the alleged father;

23

Reading the DNA Test Results, http://www.genetica.com/GeneticaWebV2.nsf/XReadingtheResults.xsp (last

accessed August 3, 2014)

14

 15
therefore, he could be the child's biological father. The probability that he is the
child's father depends on the frequency with which this genetic variant is found in the
male population of the same race. We express this likelihood for the tested man to
be the biological father of the child mathematically with the Paternity Index [PI].24
3.) Short Tandem Repeat (STR) Markers A short tandem repeat (STR) is a
type of DNA polymorphism where short sequences of DNA are repeated. STRs are
usually considered junk DNA because they are introns and do not code for protein.
The number of times a DNA sequence is repeated for a given STR is variable
between different individuals and thus, STRs are often useful for forensic or
genealogical studies.25
4.) Underground Economy The underground economy involves economic
transactions not measured by government statistics and ignoring government
regulations and laws26

D. SIGNIFICANCE OF THE STUDY

The researchers see that, the review of Article 351 is necessary to society,
because it would give specific changes on how the government would act. For each
branch of the government, the criticism to be done with the said article would be a
big help in exercising their specific rights as an individual system of the government.

24

Id.
What Is A Short Tandem Repeat, http://www.genebase.com/learning/article/63 (last accessed August 3, 2014)
26
Underground Economy, http://www.economicshelp.com/blog/1822/economics/underground-economy/ (last accessed
August 6, 2014)
25

15

 16
By examining the existence of the law, it would help in the law making and
amending powers of the Legislative branch of the government. It would be
necessary because over the years, there already have been advances and different
studies done to make the lives of people easier. With this circumstance, our law
should also be updated and be appropriate through the course of time. The State
should always be updated with what is happening around and to have a review on
the laws whether or not is should be amended or removed. There have been a lot of
laws in our country that is not currently applicable and that is non-sense because
what is happening now in our country is already different from the time our laws
were made. It is just right that the law for every state be updated to make sure that
laws would duly be exercised and not be called non-sense or outdated by people.

As with the review that the Legislative Branch would do, it would affect both
Executive and Judiciary branch of the government. As being part of the Executive
branch, the Office of the Solicitor General (OSG) would be the one greatly affected.
OSG being a representative of the government or the state upon court trials, the
review of Article 351 would affect them as well. In the event that the review on Article
351 would result to the law being amended, cases involving premature marriages
and doubtful paternity and filiation would be minimized. The work load of OSG,
would lessen and they need to appear to courts more often, which could make them
focus on other cases which are more serious and threatening to society.

16

 17
Lastly, in the Judiciary branch, the effect would be similar to the Executive
branch. Due to cases about paternity and filiation would lessen; workload of the
judge would be minimized, which could make them focus more on cases involving
more serious threat. Also, these kinds of cases, paternity and filiation, could be
settled through extra-judicial settlement which would not be heard in a courts normal
course of business. But if the cases would pursue, decision that the judge would
render would be faster that usual because the evidences that would be presented
are more reliable because of the advancements done.

E. SCOPE OF THE STUDY

The researchers delimit the study to focus only on the Article 351 of the
Revised Penal Code. The main focus of the researchers is to contest its
constitutionality and they have chosen to put the provision into question with regards
to the liberty of one to marry, equal protection of the laws between the sexes and the
nation-building capacity of women in the application of the penalty of the said
provision.

When it comes to liberty, the researchers chose this parameter because of

the fact that the Constitution clearly provides that marriage is an inviolable social
institution27 ergo making it a freedom that every human being may exercise freely
but with restrictions provided by the law. The rules provided by Art. 351 is unjust for

27

CONST. art XV, sec. 2

17

 18
it solely penalizes women for the mere exercise of such freedom. The penalty goes
beyond the reason of the law provided by this article. The reason is simply because
the law wants to prevent doubtful paternity. What happens if there is no paternity
case involved and it penalizes a woman for the mere dissolution of marriage? There
are technically no laws or public morals being obstructed by the remarriage of a
woman to another man. The same applies when a man remarries another woman
but the law does not provide for a penalty pertaining to that situation.

With that in mind, it brings the study to another corollary issue and that is the
equal protection of the laws. The researchers easily found that the provision is not in
consonance with the equal protection clause of the constitution and equal protection
is closely grounded to counter this discriminatory provision. The mere fact that this
penalty exists exclusively for women is questionable. Going back to the reason of
the law, it is understood why that is so. It is contestable in a sense that why should
the law uphold such as a crime if it does not bring a grave threat or evil to the
greater majority? The law states the maintenance of peace and order, the
protection of life, liberty, and property, and promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of democracy28. The
researchers are in the belief that with the provisions mandated by the constitution,
the State and the government are set to protect the right of every human being,
regardless of age, sex, race, religion and belief because of the equal protection of
the laws must be for the benefit of the public as a whole. With the presence of the
article on Premature Marriage, the researchers highly doubt that the law will let this

28

CONST. art. II, sec. 5

18

 19
pass by since it is reiterated in several provisions of the constitution that the general
welfare of its people are of its utmost priority and it has also been stated in
international treaties such as that of CEDAW29.

To take all appropriate measures, including

legislation, to modify or abolish existing laws,
regulations and customs and practices which
constitute discrimination against women.

Even international laws support the right of women to be on equal footing with
men before the law and the mere fact that the Philippines signed this, they too plan
to take part in the abolishment of current laws that impedes the equal protection of
women from discriminatory laws that our country still upholds.

The researchers will also use national development to delimit the study.
Nation building is something that every person should be able to do as it does not
only benefit them personally but also for the greater good of the state. As previously
discussed by the researchers, the limitations imposed by the provision will not only
hamper the potential of women to be a progressive individual but also keep their
potentials constrained thus not being able to partake in the development of the state.
The International Covenant on Civil and Political Rights30, another treaty that the
Philippines is a signatory to, states that:

29

supra note 21
International Covenant of Civil and Political Rights, December 19 1966, (1986),
http://www.refworld.org/pdfid/3ae6b3aa0.pdf
30

19

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All peoples have the right of self-determination.

By virtue of that right they freely determine their
political status and freely pursue their
economic, social and cultural development.

The treaty, in the view of self-determination, means to say that people may
freely progress as they please being a part of a certain country. They may freely
determine what they may do with themselves to pursue personal, economic, social
and cultural development. It is that inherent right and thinking of the people to be a
progressive individual. The researchers then deem that national development and
nation building be part of the scope of the study for the penalty imposed by the
provision in question sets a restraint unjustifiable for what the reason of the law is.
In view of the question of paternity, the researchers will add studies regarding
modern medical sciences as a more accurate solution to the test of doubtful
paternity. As mentioned earlier in the discussions, medical technology has come a
long way from what it used to be. In spite of the reasons of the law, medical sciences
may be able to give more reliable answers to paternity. The researchers will discuss
how medical technology is significant to the modern view of evidence and how it
should be admissible in the tests of paternity. We are in an era where science is able
to give light to several questionable things in life and that includes one of the studies
that the researchers have worked on.

20

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II. REVIEW OF RELATED LITERATURE

A. THEORETICAL LITERATURE
LIBERTY AND EQUALITY
Bunch 31 said in her study, gender-related abuse has been the most
neglected and offers the greatest challenge to the field of human rights today, which
means that up until now, this is an undying issue which society tries to resolve.
Women are treated violently for the simple reason that they are women. They use
the ground of being a woman as an excuse to abuse or belittle which in fact in
inevitable because no one could choose what gender they would be. Studies made
by Palley 32 , Jao et. al. 33 , and Ezer et. al. 34 have conveyed the idea that what
happened in the countrys history and culture affected the gender perspective of a
country. How women are treated long before, is not much different from how women
are being treated now. According to Jao et. al.35, the historical upbringing of our
countrys history affected how women were treated and how they are treated during
the modern times. Equality of man and woman are deeply influenced tradition

31

Bunch, Womens Rights as Human Rights: Towards a Re-Vision of Human Rights, 12 Human Rights
Quarterly(1990), available at http://www.jstor.org/stable/762496, [486-498] accessed on July 27, 2014
32
Palley, Womens Rights as Human Rights: An International Perspective, 515 Annals at American Academy of
Political and Social Science (1991), available at http://www.jstor.org/stable/1046936, [163-178] Accessed on July 23, 2014
33
Jao et. al, Women, Media, and Human Rights: A Historical Approach to Gender Equality, the Cases of Korea and the
Philippines, 5 FEU Communication Journal(2005), available at
http://www.researchgate.net/publication/202055399_Women_Media_and_Human_Rights_A_Historical_Approach_to_G
ender_Equality_the_Cases_of_Korea_and_the_Philippines, [40-58] Accessed on July 11, 2014
34
Ezer et. al., Protecting Womens Human Rights: A Case Study in the Philippines, 18 Human Rights Brief(2011),
available at http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1172&context=hrbrief, accessed on
July 13, 2014
35
supra. note 33 at 44

21

 22
through the emphasis on the idea of the human person. 36 Every society has
different approaches on how women are treated equally, but to sum it all up; each
society, despite of the effort to make things equal for man and women, they still
havent really gotten the equality women cry for. Bunch37 stated in her study that,
instead of the state giving notice to these kinds of abuses, they see it as something
that is normal and not alarming to society. Which may be, because of the fact that
people already see this as something that is normal due to the practice over time,
women dont really say anything to repeal this kind of standard of living. In addition,
as stated in Ray38, cited from Wollstonecraft, progress towards womens wellbeing
would be greatly achieved only if women were given enough education as compered
to men. If women before are fortunate to have a rational education, they may have
known what to do with the situation of violence they are in. Palley39 said in her study
that gender equity is the desire of women to also enjoy the rights that are being
enjoyed by men.
Women are treated differently from men long before, it was the norm. More
rights and freedom are given to men. Despite of the cross-cultural differences
between nations, one thing is common, it is how women are treated treated less
compared to men. According to Bunch40, women are basically violated because of
their gender. This gender-based violence happens in almost every country and the
government cant do something about it because its hard to break what have been

36
37
38
39
40

Id.
supra note 31 at 490
supra note 16 at 4
supra note 32 at 165
supra note 31 at 486

22

 23
used to. It has already been part of what is normal. From Caprioli and Douglas41,
democratization does not necessarily mean to secure womens rights. The
government usually ponders upon rights of men but womens rights are often
neglected. Even though society seeks for equilibrium on man and womans rights,
they still cant equalize it because even though they try to raise the standards of
womens rights, it is inevitable that rights of men would also go up. Despite of the
effort to try and make things fair and remove gender-based violence, minimal effects
happen because it is still overshadowed of the norm about gender roles that people
still believe in now. As stated in the study of Jao et. al42, as cited in Robeyns,
discrimination experienced by women now are product of historical events which
was greatly supported by the superiority of men which made a clear definition of
their gender roles. Jao et.al 43 further added that womens gender roles have already
been pre-judged with being inferior to those roles of men. According to C. Taylor, as
cited in Canceran 44, he said that, even for the private lives of women, it has been a
struggle to be treated and to exercise equality because of being restraint to do
household chores. Even when women think that even in their safe sanctuary,
women would still feel violated. Discrimination will always be there no matter what.
Their gender roles made an additional restriction to what women can do to prove
that they to should be allowed to freely exercise their capabilities as human.

41

Caprioli & Douglas, Nation Building and Women: The Effect of Intervention on Womens Agency, Foreign Political
Analysis(2008), available at http://sites.google.com/site/internationalrelationsresearch/Home/NationBuildingandWomen-TheEffectofInterventiononWomen'sAgency.pdf, [45-65] Accessed on July 13, 2014
42
supra. note 35
43
Id.
44
D. Canceran, OP Feminist Question on the Right of Women: Womens rights are human rights!, 13 THE ANNUAL
JOURNAL OF THE COMMISSION ON JUSTICE, PEACE AND CARE OF CREATION, 16-27 (2008)

23

 24
Quoted from Hosken45 , The very term human rights is inclusive with no
discriminatory meaning implied. However, practice does not always comply with
principle. With the ways people say on how it should be done is different on how
people are doing it. Despite of the constant reminders that human rights should not
be discriminatory, it is practiced with discrimination no matter how little it is. Palley46
said that, there should be a standard definition on what human rights are.
Regardless of how diverse we see things, there should be a standard on how
women should be treated, to achieve gender equity. In the study of Hosken47, the
fight for human rights in the international scene is barely visible. If female are still
experiencing discrimination at any form of their human rights, then, it would have an
effect on the global perspective of human rights. 48 The attention given to promotion
of civil and political rights should also be of same rate on how human rights should
be pondered upon because human rights defines and gives limitations on how
women should and should not act. 49 As Merry et. al.50 reiterated in their study, that
the main purpose of the human rights law is to protect the dignity and well-being of
all humans regardless of their citizenship, race, gender, or class. More often than
not, women all over the world are experiencing all types of discrimination.
Accounted in the study of Ray51, as mentioned by Wollstonecraft, there have
been abuses in women where in they result to killing themselves for being a woman.

45

Hosken, Towards a Definition of Womens Human Rights, 3 Human Rights Quarterly (1981), available at
http://www.jstor.org/stable/761853, [1-10] accessed on July 22, 2014
46
supra. note 32
47
supra. note 45
48
Id. at 9
49
Id. at 2
50
Merry et. al., Law from Below: Womens Human Rights and Social Movements in New York City, 44 LAW & SOCY
REV.,(2010), available at http://www.jstor.org/stable/40783640, [101-128] accessed on July 23, 2014
51
supra. note 38

24

 25
It is better to be killed rather than to experience all the horrors of being one.
Supported by the study of Canceran52, a person cannot fully exercise his or her right
to represent him or herself due to the need to conform to the given sexual
arrangements, roles and affected behaviors by society. Quoted from Steiner and
Alston53, Strict equality is required in the realm of civil liberties. Except in instances
of limitation on liberty as punishment, there is no justification for any exception.

In Ezer et. al. 54, it was enumerated that Philippines is a signatory to different
International Treaties that promote human rights, equality and liberty, and is against
discrimination of women. But despite of being a signatory, few regulations have
been made to be able to comply with these treaties. Discrimination against women is
still noticeable despite of the action done to prevent it. According to Steiner and
Alston

55

, discrimination is not yet defined universally. People still have different

meanings and interpretations as to what discrimination is. Further added by Steiner

and Altson56, despite of not having a universally accepted definition, discrimination is
described as, consisting of actions, practices or policies that are in some
appropriate sense base on the (perceived) social group to which those
discriminated against belong. The duty of non-discrimination social groups
according to Steiner and Alston57 is duties to treat people in certain ways defined by
reference to the way that others are treated. In this case, the point of reference of

52
53
54
55
56
57

supra note 44
H. Steiner & P. Alston, International Human Rights in Context: Law, Politics and Morals, 35 - 57 2nd Edition (2000)
supra note 34 at 22
supra note 53 at 38
Id. at 39
Id. at 40

25

 26
how people be treated are men. Gender discrimination is the most widely know type
of discrimination that is being experienced anywhere.

Steiner and Alston58 aforementioned in their study that there are two kind of
discrimination that people experience, it could either be direct or indirect. As
categorized by Steiner and Alston59, direct discrimination involves intent while for
indirect discrimination is wrongful acts or policies that are not intended to cause
disadvantage to a person. The main difference is the intention of causing the
discrimination to a person. Moreover, as further distinguished, in direct
discrimination, a person is being discriminated based on their traits, which are
inevitable and is innate in a person, which cannot be easily changed, in addition,
they are pre-judged based on false stereotypes which is irrational. 60 As directly
quoted from Steiner and Alston 61 , indirect discrimination is, Societys major
institutions unjustifiably inflicting relative disadvantages on members of some salient
groups. It is the belittling of those groups of people in society, which we see as
groups who play minor roles in our society, for example, women. Even though it is
not intentional to discriminate or not pay attention to the needs of these marginal
groups, it is still happening because the central group of society is the main focus.
Right now, a mix of both direct and indirect discrimination, but either way whether it
is direct or indirect, discrimination is still happening. The government may provide
rules and regulation with regards to protection and security for the womens rights

58
59
60
61

Id. at 42
Id. at 47
Id. at 42 - 46
Id. at 44

26

 27
and anti-discrimination, but as Palley 62 said in her study, these rights do not
constitute equality.

WOMEN, DISCRIMINATION AND NATIONAL DEVELOPMENT

THE STRUGGLE TO MAKE A LIVING

The author of the article tells us how women in society are with regards to
employment and labor during the late 90s. Women are forced to work jobs that dont
necessarily match their skills and potentials but are forced to do so because of the
need to make a living to simply move on through life.63 It is apparent that then,
women were heavily segregated to jobs that only aim to be supportive in nature such
as household work and jobs only secondary to that of men. Examples of these
include clerks and secretaries in the public sector, jobs in the welfare department of
government offices and hospitals. Another deterrence to a womans career path is
that they hold 2 jobs that require them to work inside and outside the office. Their
work outside their formal (rather, informal) jobs is household work. Women are
stereotyped to take care of the family members both inside and outside the home
and also doing household chores for it is an assigned gender role. As seen in
Javellanas64 discussion, as cited from Freeman, the law, (It seems) has done little
but perpetuate the myth of the helpless female best kept on her pedestal. In truth,
however, the pedestal is a cage bound by a constricting social system and hemmed
in by layers of archaic and anti-feminist laws. The researchers deem this as

62
63
64

supra note 32 at 169

n.a., Working Girls, 23 IBON FACTS & FIGURES 2-5 (2000)
Y. Javellana, Woman and the Law, 13 (1975)

27

 28
discrimination to the sexes, specifically to the female sex. They are subject to these
stereotypical restrictions and roles assigned to them by society.

In a study done by Steiner and Alston65, they are saying that discrimination
has no universal definition and that it is only subject to acts done that may be proven
as to what discrimination is. Despite the absence of a universally accepted
definition of discrimination, any practicable explication of what constitutes
discrimination will describe it as consisting of actions, practices or policies that are
in some appropriate sense base on the (perceived) social group to which those
discriminated against belong. So to abolish discrimination, one must treat others in
such a way others would want to be treated regardless of age, sex, race or religion.

Evidently, like equality, discrimination is inherently comparative. 66 It is

difficult to determine how discrimination is acted upon among different cultures. It
differs upon location and at the time of how grave discrimination has gone for that
certain period. It varies not just in the place where it is being acted upon but also for
when it has been done. For instance, if American states have a duty to provide
education to its citizens, African-American citizens should receive education on par
with education provided to white citizens.67 This shows a cross-cultural reference as
to how discrimination is applied outside of the Philippine setting. This goes to show
that the author is right in saying that discrimination is very much comparative and
subject to the different acts that one performs in doing so especially if the concept of

65
66
67

supra note 53
Id. at note 55
Id. at 43

28

 29
culture and race is involved. On a rights-based study done by Ezer, et. al., they are
saying that culture is a fluid concept subject to manipulation by those in power and
should never be used to deny a population their basic rights.68 This means that
culture must not be the basis of ones domination over another person, specifically in
the concept of sexual discrimination as it is a hindrance to womens potentials in
nation building.

WOMEN AS NATION BUILDERS

Figure 1. A chart on female workers in major industries, 1999

This chart, despite its age, shows how women are also capable of being able
to work in different industries.

68
supra note 34 at
29

 30
A study done by Pecson 69 gives us an insight on Filipino women as
progressive citizens of the Philippines. She develops a sense of women
empowerment by showing the capabilities of women in different fields of work. She
does this by explaining the participating power of Filipinas and the reasons behind
their capacity to participate actively in Philippine development. Filipinas are able to
work as they are because they have always been respected throughout the course
of history and they do not have to abide by social, religious or cultural restrictions.
Filipino women are also naturally eager to work in order to support their family
despite the time of hardships.

Though regarded as a stereotype against women, women still dominate

household activities since the husband would have the tendency to consult the
woman regarding domestic affairs such as the gathering and purchasing of
resources required at home, the education of their children, and other matters
involving the home and the family.70 Beyond the home, women have actually come a
long way in being progressive citizens that contribute to the betterment and
development of our nation. Pecsons studies 71 show narrations and statistics of
women being able to contribute to our nation.

69
70
71

G. Pecson, The Filipino Women in Nation Building, WOMENS ROLE, December 1996
Id. at 1
Id. at 2

30

 31

Figure 2. Women in the Labor Force

Considering the time of this statistic provided above, women are continuing to
show involvement in the labor force as a way to help themselves and help the nation
in progressing. Relating to Figure 1, Figure 3 shows approximately the number of
women involved in the labor force. It is seen in the chart that as the age group goes
higher, the number of women in the labor force decreases. As early as 15 years old,
women have been engaging in work, regardless of its formality, and that they have
been contributing to the betterment of our economy and society. The women in
these age groups belong to different industries which goes to show that women dont
just work in industries where society deems them appropriate to work in. Pecsons
study further introduces the different sectors where women work.72 She included
women in the economy, politics, government and non-government services. Several
noted professions have been included in the study regarding the number of women
engaging in them. Back then, there were approximately 62,804 registered
professionals, 31,858 of them are women. These professions included being

72

Id. at 6

31

 32
accountants

(14.7%),

nurses

(91%),

pharmacists

(83%),

dentists

(35%),

optometrists (19%) and midwives (100%). Women have also taken the opportunity
to join and have an interest in politics. They have also set up different professional
organizations such as the Philippine Association of University Women and the
Philippine Medical Womens Association. History has proven that we have entered a
time where women are given high regards to their full capabilities and potentials as
progressive citizens. Seeing this study that has been done approximately 15 years
ago, innovation, not just in technology but also in the laws, has brought upon us the
age of feminism.

DNA TYPING IN CASES OF PATERNITY AND FILIATION

BRIEF HISTORY OF DNA TYPING:
DNA fingerprinting or DNA typing (profiling), as known at the current times,
was first described in 1986 by English geneticist Alec Jeffreys. He found that certain
parts of the DNA contained sequences that were repeated again and again right
next to each (later on known as Short Tandem Repeat Markers). He also found that
a number of these repeating sections present in a sample of DNA was actually
different from every person. No 2 markers were the same with the exception of
special cases such as those of identical twins. Dr. Jeffreys then developed a
technique to examine the length of differences of these repeating sequences found
in the DNA. Through those experiments, he found the ability to perform identity
testing using these DNA samples and could now determine relevance of DNA
something put into comparison. The past two-and-a-half decades have seen a great
32

 33
amount of growth in the usage of DNA as admissible evidence in crime scene
investigations as well as paternity and genealogic testing. Since the mid-1990s,
computer databases that contain DNA profiles from crime scene samples, convicted
officers and in some persons that are arrested for the sole reason of doing a crime,
have found a way to make it possible to provide law enforcement with the ability to
link the offenders to said crimes.73

DNA TYPING AS EVIDENCE:

In a more formal, scientific study done by De Ungria74, et. al., it states that
paternity testing has changed from its early days, when conventional serum-based
testing, such as ABO blood typing and protein polymorphism, was the norm, to the
current DNA-Based analysis using Restriction Fragment Length Polymorphism
(RFLP) and/or the Polymerase Chain Reaction. It shows the subtle developments of
testing from protein-based systems to DNA-based analysis for it gives a more
precise direction to determining not just paternity but other crimes that may involve
the testing of DNA for crime scene investigations.

In a legal study done by Roth75, he narrated the probable use of DNA testing
as a supplement to court cases involving paternity and filiation. He made this study
on the basis of US courts deciding on different cases that try to seek truthful
paternity. He started by stating:

73

J. Butler, Fundamentals of Forensic DNA Typing, 4 6 (2009)

M. C. A. De Ungria, et. al., Resolving Questioned Paternity Issues Using a Philippine Genetic Database, 14
SCIENCE DILIMAN 8 16 (2002)
75
A. Roth, Defying DNA: The Role of the Jury in an Age of Scientific Proof of Innocence,
http://www.bu.edu/bulawreview/files/2013/10/ROTH_DNA.pdf last accessed on August 5, 2014
74

33

 34

It brings discredit upon the legal profession

and it makes a mockery of a court of justice to permit a jury
to accept or reject in accordance with their prejudices a
fact capable of exact scientific determination.

The usage of DNA typing does not just represent the possible errors that the
jury may commit in absolving or declaring someone from guilt but a collective failure
of our legal mechanisms to guard against wrongful convictions.76
He explained this as the blind deference77 of judges towards using DNA tests
as admissible evidence. This lies in the belief, according to Roths study, that the
jury is uniquely good at determining credibility, and that the public views it as such78
and that reserving credibility exclusively for the jury is necessary to assuage the
publics fear of a futuristic alternative, in the form of machine-like lie detectors or
truth machine-type evidence that might trump a jurys own weighing of the
evidence, and that the reliability of such evidence is not commensurate with the
mesmerizing effect it would have on jurors79. This goes without saying that this
belief only stands for that the jury, for the longest time, has been the instrument to
assist in deciding cases in the courts in US which is why DNA typing is widely used
in criminal investigations, in establishing family relationships between individuals in
simple paternity disputes and immigration cases, and identification of mass disaster
and war victims.80

76
77
78
79
80

Id. at 1644
Id. at 1647
Id.
Id.
supra note 74 at 8

34

 35
Despite being an instrument of telling the difference between the lies and
truths being contested in a case, they do not, by any means, have complete
accuracy when it comes to cases that involve the heavy usage of scientific evidence
for the jury only formulates answer based on testimony and observation. The ability
to observe witness demeanor is no longer a unique jury advantage. And, in any
event, social science has debunked the theory that humans accurately judge
credibility based on demeanor.81
PROCESS OF DNA TYPING
The process of finding DNA Typing is a complex process that involves careful
experimentation so final discernment may be given well enough to uphold justice in
the decisions of court proceedings. It is a tedious process but that saves the
accused from being convicted of a decision that they are not at fault for. Figure 3
shows an overview of how the process of DNA Typing is done for further
understanding in laymans terms and a more graphical form to show this scientific
process.

81

supra note 74 at 1655 - 1656

35

 36

Figure 3. Process of Identifying and Tracing DNA

DNA TYPING: IS TRUTH ABSOLUTE?

The several studies have pointed out that the usage of DNA testing carries
with it several risks and despite the power of its accuracy, it is not all the time
perfect in giving a conviction or judgement in itself.
As humans, we also fear that technology will take complete control of our
lives. We fear that the machines might become the only witness one might need.82
Too much dependency on modern technology removes the human essence of court
proceedings thus removing the necessity to have witnesses and testimonies in the
first place. In it is in this respect that we are trying to protect human dignity and

82
Id at 1658
36

 37
valuing the opportunity of every person to be heard and protect their right to be able
to defend themselves.
Let us also put into consideration that DNA is a biological material and it may
be subject to contamination if not treated with due care and handling.
Environmental exposure degrades DNA molecules by randomly breaking them into
smaller pieces83. It takes a more technical approach to science to comprehend why
this is so. A simpler explanation would be that since DNA tests are run in
laboratories, machines may not fully comprehend the samples given to it if the
sample itself is significantly damaged due to natural activities. This may greatly err
the outcome of laboratory experiments and may not give as much truth to what is
expected of scientific research.
DNA exclusion evidence except in very limited circumstances cannot so
easily be treated as conclusive without delving into the facts of the case. 84 In
relation to the human aspect of court proceedings, there must still be some form of
human interference. One cannot simply state that something is true without
investigating first hand the facts and circumstances embedded in the case at hand.
A machine merely determines the validity and correctness of certain evidence such
as DNA. Notwithstanding the truth or reliability of such confirmation from a machine,
the machine itself cannot determine the situation because it takes human senses to
identify the events that took place in a case to further aver the truth that the machine
affirmed.

83
84

supra note 73 at 315

supra note 75 at 1674

37

 38
In terms of the power of a machine to process data and the usability of
biological data, another difficulty may arise from this and that is the difficulty in
distinguishing between machine stutter and true alleles85. Machines, overtime,
degrade much like DNA evidence. The power of machines, especially those that
have already aged, may give significantly wrong results especially if the material
given is also sub-par with what is required. These less-than-optimal conditions might
end up convicting the wrong person of a crime or a great misinterpretation of data.
There is a risk behind this for faulty machines and sub-par material may not uphold
the justice that one deserves.

B. CONCEPTUAL LITERATURE
The clashing opinions of different authors about women involved in nation
building gives the researchers the notion that even up to our modern times, social
restraints and gender roles still hinder women from maximizing their capacity to
contribute in the development of the country. Authors like Javellana86 and journals
such as IBON87 may give the readers the notion that the treatment of women with
regards to them being involved in the labor force has not changed at all. Despite the
employment, they are still set back to second-rate or supporting jobs only because
of the roles society assigns to them. Contradicting opinions from authors like
Pecson88 and Ezer89 state that women are being treated more fairly when it comes

85
Id. at 1678
86
87
88
89

supra note 64
supra note 63
supra note 69
supra note 34

38

 39
to giving them the opportunity to fulfill their roles as contributors to national
development. The authors have given statistics and data as to the segregation of
women to different sectors and career paths. It just goes to show that up to this date,
the status of women in society regarding nation building are subject to a lot of factors
that deem these different authors to say something about the capacity of women to
be progressive citizens and contributors to nation building.
The studies of Roth90 and Butler91 about the usability of DNA typing present in
itself a clash in opinions and stands. Both the authors stated positive effects of
using DNA typing because of the accuracy of the results of the experiment.
Considering how biological sciences are involved in the usage of this kind of
experiment, it is difficult to argue with concrete evidence that goes beyond mere
testimony, opinions and observations. The results are good to an extent that the
results already constitute a certain truth. Machines, often super computers, are
almost flawless in formulating answers by using these biological substances
obtained for the purpose of testing. De Ungria92 further supported the positive effects
of DNA typing by pointing out that this experiment really intends on delivering high
precision results that would meet the end-goal of upholding justice to those innocent
of crimes that would bring about the necessity of DNA typing. Despite the accuracy
of results, machines alone cannot present the events that occurred upon the
discovery of evidence and other circumstances that only the human sense can
detect. The different studies, besides that of De Ungrias, all point out to common

90
91
92

supra note 43
supra note 41
supra note 42

39

 40
problems with DNA typing: DNA contamination, tampering and faulty machines. It is
unlikely, however, for such things to happen often since science has gone far
enough to be able to practice DNA typing with high precision and less prone to
errors so that correct decisions may be made through this scientific analysis.

40

 41

III. RESEARCH DESIGN

A. RESEARCH FRAMEWORK

The researcher constructed this framework as a guideline on how to

solve the issue in their research paper. In this framework, laws and international
treaties. The top most part of the framework is Article 351 of the Revised Penal
Code, which talks about Premature Marriages. In premature marriages, the main
concern of the researchers is about the liberty, unequal protection, and the
unjustifiable penalty that is enclosed with the Article.

41

 42

In the study, the researchers used both Philippine Laws and International
Treaties to further support the claim that Article 351 is violating the liberty, have
unequal protection, and unjustifiable penalty on the part of a woman. As for the
Philippine Laws, the researchers used the Philippine Constitution, Republic act no.
9710 (Magna Carta of Women), and Republic act no. 7192 (An Act Promoting The
Integration Of Women As Full And Equal Partners Of Men In Development And
Nation Building And For Other Purposes.) Researchers have analyzed all possible
laws that would be applicable in resolving the gap between man and women. While
for International Treaties, the researchers analyzed the Universal Declaration of
Human Rights (UDHR), The Convention on the Elimination of all Forms of
Discrimination against Women (CEDAW), and International Covenant on Civil and
Political Rights (ICCPR). The researchers believes that all three treaties where
Philippines is a signatory plays a big role in formation of our Philippine Laws, which
could be used as basis of how things would be regulated. All Internal Treaties
upholds Human Rights and Equality, which could be very useful in the duration of
the study, considering that all the Republic acts stated therein are a product of the
International Treaties.

The researchers supposes that with all these Laws, it would aid in proving
that Article 351 is against liberty, equal protection, and has an unjustifiable penalty
with regards to women.

42

 43

B. RESEARCH METHODOLOGY
The researchers chose four methods for the purpose of the study. It
includes the following:
Interdisciplinary studies
Philosophical approach
Historical approach
Scientific approach

With the use of interdisciplinary studies, the researchers seek to relate its
topic with social sciences to further understand the implications of the outcome of
the study to society and how it can go hand in hand with other fields of study such as
Political Science, Economics and Cultural Studies.
The researchers also understand that the laws are upheld for a reason. The
utilization of philosophy with regards to legal analysis will give the readers a better
understanding of the underlying meanings of laws relevant to the study.
The usage of history, with regards to the study, is important so that it would
inform the readers of the relevance of the study to our current generation and the
development of womens rights throughout the course of time.
Lastly, the study involves scientific evidence and research. The study also
includes the analysis of DNA testing and how it is admissible as accurate evidence
to be used by the courts. The researchers decided to use this approach to enlighten

43

 44
the readers on the purpose of DNA testing and its usability with regards to its pros
and consequences as evidence to prove paternity.

44