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SC says it did not abandon Maria Clara doctrine
Supreme Court of the Philippines (PNA photo)
The High Court clarified through its spokesperson Theodore Te that it has not “abandoned” the “Maria Clara” doctrine.
In a tweet, the Supreme Court (SC) spokesman said on February 21, “Only SC En Banc can abandon a doctrine under Art.
VIII, sec. 4(3). This case was decided by the 3rd Division.”
Te was citing the article that states “No 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.”
This is after Gabriela Secretary General Joms Salvador on February 20 slammed an SC decision acquitting two alleged rapists. She said that this will “open floodgates to many more rapes.”
In a 20-page decision by the SC Third Division, Juvy Amarela and Junard Racho were acquitted from a rape case.
“We have hinged on the impression that no young Filipina of decent repute would publicly admit that she was sexually abused, unless that is the truth, for it is her natural instinct to protect her honor to protect her honor.
However, this misconception, particularly in this day and age, not only puts the accused at an unfair disadvantage, but creates a travesty of justice,” the High Court held.
The decision added, “Today, we simply cannot 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.”
Maria Clara is a character from Jose Rizal’s famous novels “Noli Me Tangere” and “El Filibusterismo,” portrayed as a reserved Filipina. The Maria Clara doctrine also called “women’s honor” was entered into jurisprudence in a rape case in 1960.
