Headlines

'SC has not abandoned ruling on Maria Clara doctrine'

February 21, 2018 | 11:34am

'SC has not abandoned ruling on Maria Clara doctrine'

The Supreme Court's Third Division has acquitted two men accused of rape after it took into account differences in the victim's testimony. Michael De Guzman/The STAR

MANILA, Philippines — Supreme Court spokesperson Theodore Te on Wednesday clarified that the high court has not "abandoned" the decades-old "women's honor" or "Maria Clara" doctrine.

Te in a tweet clarified that under the Constitution, it is only when the high court is in full session that it could abandon a doctrine.

Only SC En Banc can abandon a doctrine under Art. VIII, sec. 4(3). This case was decided by the 3rd Division.
— SCPIOChief (@SCPIOChief) February 21, 2018

The said provision of the Constitution provides: "[N]o doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc."

In a 20-page decision dated Jan. 17, 2018, the SC's Third Division acquitted Juvy Amarela and Junard Racho from a rape conviction. In ruling on the appeal filed by the two accused, the SC took a departure from the "women's honor" doctrine that was entered into court jurisprudence in the 1960s.

"This case was decided by the 3rd Division," Te stressed.

The SC spokesperson was responding to a post with a headline "Abante Babae! SC drops the 'Woman's honor' doctrine in rape cases" that tagged the SC Public Information Office account on Twitter.

Gabriela Secretary General Joms Salvador said Tuesday that the SC decision "will now open floodgates to many more rapes" as it can embolden perpetrators to "abuse more women" confident that "courts will most likely dismiss rape cases."

SC justice: 'Stay away' from Maria Clara stereotype

The ruling that sparked conversations among court observers was penned by Associate Justice Samuel Martires.

It reads: "Today, we cannot simply be stuck to the Maria Clara stereotype of a demure and reserved Filipino woman. We should stay away from such mindset and accept the realities of a woman's dynamic role in society today; she who has over the years transformed into a strong and confidently intelligent and beautiful person willing to fight for her rights."

Martires also took into account the inconsistencies in the victim's narration in her affidavit and court testimony.

The SC also said: "More often than not, where the alleged victim survives to tell her story of sexual depredation, rape cases are solely decided based on the credibility of the testimony of the private complainant."

The SC reversed the Davao City Regional Trial Court ruling and ordered the immediate release of the Amarela and Racho.

'Maria Clara' doctrine

Maria Clara is one of the characters in Jose Rizal's novel "Noli Me Tangere." In Rizal's portrayal of the character, Maria Clara is reserved, shy and has, later on, became an "ideal" in Filipino culture.

The "women's honor" doctrine was entered into jurisprudence in a 1960 case of People v. Taño. It held: "It is a well-known fact that women, especially Filipinos, would not admit that they have been abused unless that abuse had actually happened."

But the SC, in its latest ruling, said that doctrine has become a misconception. It added that the doctrine "puts the accused at an unfair disadvantage, but creates a travesty of justice.

Related video: