Walking into the Philippine Legislation: An In-Depth Analysis of the Daughter Clause of Article 247 of the Revised Penal Code

Abstract

Article 247 of the Revised Penal Code is the Philippine version of honor-based legislation. This study aimed to analyze and examine the daughter clause of the article. The study delved into the legislative intent behind this Article as well as its conformability and harmony with the Constitution, international conventions and treaties, and local legislations through the blackletter methodology. By the use of a socio-legal method, it also examined the contestations on its implications specifically its justness and contemporaneous aptness. Furthermore, it assessed the repercussions it poses to minor daughters and the measures that should be taken to address the quandary of the Article. The findings showed that Article 247 is rooted in the principle of patria potestas and it does not conform with international obligations, municipal laws, and the Constitution. Its constitutionality was reviewed in accordance with the equal protection clause and the discriminatory classification of daughters. Since questions of its constitutionality remain as an argument due to the lack of locus standi, legislative measures are recommended to be pursued. It also reflected that as per the experts’ responses, Article 247 is unjust, archaic, and discriminatory to minor daughters. Moreover, the Article was found to reinforce patriarchy and the barbaric nature of medieval times which is not attuned to the current societal norm and civilized community. As reflected from the data, Article 247 has no place in the statutes of the Philippines, and should therefore be repealed.