Bill shortens time women must wait before remarrying

Wednesday, November 9, 2011
SENATOR Manuel Villar Jr. has filed a bill to amend an “anachronistic” provision in the Revised Penal Code (RPC) that punishes women for getting married within 301 days of the annulment of their marriage, or their husband’s death.
The provision, intended to prevent confusion in paternity and filiation, has been rendered obsolete by modern advances in medicine, Villar said in the explanatory note to the bill.
He said technology allows the detection of pregnancy “even almost at its inception.”
Under the RPC, a woman who marries within 301 days or — if she is pregnant when the marriage was dissolved — before she gives birth, can be imprisoned for one month and a day to six months for premature marriage.
He added the Family Code already provides guidelines on paternity.
Under the law, a child born within 300 days after the end of the first marriage, and within 180 days after the second marriage is considered children from the first marriage.
A child born at least 180 days after the second marriage are considered children of that marriage even if “born within the 300 days after the termination of the former marriage.”
“This anachronistic provision smacks of pronounced discrimination against women,” Villar said.
Although Villar’s bill does not remove the penalty for premature marriage, it shortens the time that women are prohibited from marrying again.
Under his proposal, widows will have to wait 40 days, the traditional period of mourning. The same prohibition applies to women whose marriages have been annulled. (Jonathan de Santos/Sunnex)

http://www.sunstar.com.ph/manila/local-news/2011/11/09/bill-shortens-time-women-must-wait-remarrying-189633