Each country has its own laws that people are bound to obey. Some are totally rational but some are not. There are laws in other countries that are totally bizarre and will make you wonder: what is wrong with the minds of the legislators?
Here are some of the totally bizarre and weird laws of the Republic of the Philippines:
1. Your family members cannot be charged with swindling, theft, and malicious mischief if they steal from you.
Article 332 of the Revised Penal Code provides that “No criminal, but only civil liability shall result from the commission of the crime of theft, swindling, or malicious mischief committed or caused mutually by the following persons:
1. Spouses, ascendants, and descendants, or relatives by affinity in the same line.
2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another.
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The reason for this is the ground of preserving family harmony and solidarity.
2. Stepbrothers and stepsisters can legally marry.
Article 37 and 38 of the Family Code of the Philippines provides illegal marriages. Article 37 being the incestuous marriages while article 38 enumerates the marriages against public policy.
No provisions in Article 37 and 38 provide the prohibition of marriage between stepbrothers and stepsisters. Thereby making it legal.
The reason for this is the doctrine of nullum crimen nullum poena sine lege. This means that there is no crime if there is no law punishing for it, thereby making the marriage between the two legal.
3. Marriage between the raped and his/her offender extinguishes criminal liability.
Before the enactment of the Republic Act 8353 or the Anti Rape Law of 1997, only women can be raped. Men cannot be a victim of rape under the law. However, due to the creation of the said law, rape can already be filed against anyone regardless of gender. This has been a great leap forward for the Rape Law of the Philippines.
But despite this fact, one provision is very intriguing. RA 8353 article 266 C states that "The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed."
It is also given under the Revised Penal Code Article 344 which states “in cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him.”
4. In cases of election tie, it will be broken just by drawing of lots.
The legal basis for this law is the Comelec Resolution No. 9648 wherein “the Board immediately notify the said candidates to appear before them for the drawing of lots to break the tie. The drawing of lots should be conducted within one (1) hour after issuance of notice by the Board to the candidates concerned.”
5. There is a double standard in extramarital affairs for women and men.
Women can be charged with adultery while men can be charged with concubinage.
Adultery means sexual intercourse between a married person and a person who is not her husband.
Concubinage basically means conjugal dwelling.
The mere proof of sexual intercourse of a woman with someone who is not her husband is a ground for adultery and can be imprisoned for two to six years.
While article 333 and 334 of the Revised Penal Code provides that for men to be charged with concubinage the woman has to prove any or all of the following:
a. He has kept a mistress in the conjugal dwelling.
b. He shall have sexual intercourse with a woman who is not his wife under scandalous circumstances.
c. He shall cohabit with her in any other place.
In the case of men committing concubinage, their penalty is much lower compared to women. They will only serve six months to four years.
6. There is no ABSOLUTE DIVORCE in the Philippines.
Some will argue that even if there is no absolute divorce in the Philippines we have an annulment and legal separation.
Even if your husband/wife cheats on you during your marriage that is not a ground for annulment.
Annulment is a voidable marriage wherein the grounds for the void of marriage must be present at the time of the celebration of marriage and not after the wedding.
However, in the case of legal separation, it does not terminate the marriage. It only allows the couple to remain married but live apart from each other. Marriage can be continued upon reconciliation.
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7. You can legally kill people.
Article 247 of the Revised Code, provides that anyone “any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.”
Destierro just means banishment or a prohibition to reside in a place as determined by the court and the law.
Surprise in this law means to come suddenly and unexpectedly. Therefore, if the sexual intercourse happens in a motel and the husband or wife is purposely following the two then this article does not apply.
It also does not apply if the surprise took place before sexual intercourse occurs.
References: Revised Penal Code of the Philippines, Family Code of the Philippines, Civil Code of the Philippines, Omnibus Election Code, and the 1987 Constitution of the Republic of the Philippines
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