Supreme Court’s Bold Move Against Gender Bias in Courtrooms Sparks Controversy

Gender Bias in Courtrooms- Dive into the legal realm’s ground-breaking transformation! Discover how the Supreme Court’s crackdown on gender-biased language during a marriage annulment case is reshaping the discourse.

Gender Fair Language Philippines– In the sphere of legal discourse, a directive has been issued to legal practitioners and adjudicators, urging them to employ language that is equitable in addressing gender concerns during legal proceedings. This advisory emanates from a ruling rendered by Acting Chief Justice Marvic Leonen, arising from a case wherein both the prosecutor and a judge utilized language that lacked gender neutrality during a marriage annulment hearing.

“In parting, let sorrow suffice. There is no need to exacerbate the inherent melancholy,” emphasized the high court’s decision, while concurrently underscoring the necessity for adherence to the Guidelines on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette.

The specific case revolves around Aiko Yokogawa-Tan’s 2016 petition seeking the nullification of her marriage with Jonnell Tan, citing psychological incapacity as the grounds. The Pasig City Regional Trial Court (RTC) dismissed the petition in 2018, citing insufficient evidence, a decision that was upheld by the Court of Appeals (CA).

Aiko Yokogawa-Tan, dissatisfied with the outcome, elevated the case to the Supreme Court, prompting the SC to overturn the rulings of both the RTC and the CA. The high court, basing its decision on clear and compelling evidence, declared the marriage between Aiko Yokogawa-Tan and Jonnell Tan “null and void” due to Jonnell Tan’s psychological incapacity to fulfill essential marital duties as defined by Article 36 of the Family Code.

In a nuanced evaluation of the evidence, the SC affirmed that the respondent was indeed psychologically incapacitated to fulfill essential marital obligations. The decision highlighted the inadequacy of the RTC’s opening statement, implying that the petitioner was at fault and undeserving of relief for marrying a respondent with a known extramarital affair.

The RTC’s phrasing, which insinuated that the petitioner married the respondent despite being aware of his unfaithfulness, was criticized by the SC. The high court remarked that framing the situation as a “contest” between two pregnant women vying for the affection of the same man, further perpetuated a harmful narrative. Additionally, the prosecutor’s inquiry during cross-examination, insinuating the petitioner as the “winner,” was rebuked by the SC for contributing to a discourse that unfairly places blame on women for marrying unfaithful partners in the face of societal stigmas against single mothers.

In amalgamation, the aforementioned instances reinforce stereotypes that unfairly portray women as manipulative actors seeking to ensnare men into marriage. The high court, in its decision, emphasized that such disparaging language shifts culpability onto women, disregarding societal prejudices against single mothers.

What is Gender Fair Language?

Gender Fair Language (GFL) aims to reduce gender bias in mental representation. It includes gender-neutral and gender-inclusive language. Strategies vary in gendered and genderless languages, focusing on grammatical gender marking. GFL adapts to each language’s nuances, addressing nouns, pronouns, and possessive forms accordingly.

This call for gender-fair language in legal proceedings reflects a broader commitment to fostering equitable and respectful discourse within the judicial sphere, ensuring that language choices do not perpetuate harmful stereotypes or contribute to gender bias.

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