Chinay: In Modern Times

Chinay: In Modern Times
By: Jennica Chua

I. Introduction


Chinoy. It is the term used for a mix Chinese and Filipino. Many Chinoys are living in the Philippines. In fact, this can be proven simply by looking into La Salle’s population. The letter ‘o’, is often used by males, and because of that. I should rephrase the word Chinoy, and use ‘a’, instead of ‘o’. Chinay.
Even in spelling, there is a clear distinction of genders. You cannot name a girl, “Mario”, because it sounds masculine, but I have known some men who’s name include “Maria”. This does not affect their ‘masculinity’.
The Chinese is most popular for their traditions. In the Philippines, Filipinos respect Chinese holidays. There’s a celebration for Chinese New Year. Together with this, Filipinos adapt to the culture. They also consult feng sui and recognize the Chinese Zodiac.
“Ako Legal Wife”, “Ako Lucky Wife”. “Ako Latest Wife”. As funny as it may sound,

these words do not bring laughter in real life. Regal Films, portrayed a lot of Chinese traditional marriages through their movies, ‘Mano Po’. From the first movie, up to the very last, interracial marriages are tackled.
Are you allowed to marry a Filipino?
It is the question which pops up into the mind of a non Chinese after meeting a pure Chinese. I had been asked this question for quite a few times, and I always answer, “It’s my prerogative.”
Going back to the ‘Mano Po’ movies, I thought some of the parts were exaggerated. Arranged marriages are no longer practiced in my own point of view. In my family, there is no specific restriction in marriage. But, even though we are not restricted, there is an indication planted in our minds that we are to prefer a fellow Chinese than a Filipino.
A first born boy in the family matters most and is definitely preferred over a bouncing baby girl. It’s not an exaggeration. It happens in reality. A boy will most likely be trained for the succession of the family business, while the girl gets an education but will most likely be second in line for the succession, not to mention, that if the boy becomes a man and produces an offspring, that offspring comes in second, before the girl.
II. Ancient China


A. Women in Ancient times.

“A woman without talent is a woman of virtue.”
This quote should be enough to define the status of a woman in ancient China. Before the Eighteenth century, Chinese women were honored if they committed suicide after their husband’s deaths and as a result, China has more monuments constructed for women than any other nation. This is because one would be constructed after the wife committed suicide.
The women in ancient Chinese culture lived according to the rules set by Confucius in his analects. According to Confucius, women were not equal to men and were not worthy to have literary and education. For almost two thousand years, the life of the Chinese woman was unbearable. During the years of growing up, a Chinese woman had to listen to her father and other male members in the family. A woman in ancient China was not given a name; instead she was called as "daughter number 1", "daughter number 2" and so on.
After marriage, an ancient Chinese woman would serve her husband like a slave and could not raise her voice. It is said that in ancient China, men were allowed to have more than one wife. If the husband of a young Chinese woman died, she was not allowed to remarry. Death penalty was given, if she remarried.
There are three obediences which control women back in the ancient times. First is that, she should obey her father before marriage. Second, obey her husband after marriage and lastly, obey her son after her husband’s death. Clearly, the main purpose of a woman is to obey the men in their family. Other than that, she is not given any other purpose. This clearly explains the fact that if women commit suicide because of her husband’s death, it is considered honorable in the part of the woman.
As early as the ancient times, one woman was brave enough to challenge the teachings of Confucius. It was Empress Wu who challenged his rules. When she became the Empress to rule China, she elevated the status and position of the women during her reign through establishing a matriarchal rule. She expressly stated that an ideal ruler is one who rules the empire like a mother who dotes her children.
“It is more profitable to raise geese than daughters”

In traditional Chinese culture, women were so inferior that they were sometimes thought of as less useful than farm animals. Daughters were not as important as sons. In fact, if a baby girl was born, there are some humiliating customs that are practiced. On the third day of her birth, she is placed under a cot and given a piece of broken pottery to play with, and her birth is announced by giving an offering to her ancestors. Such acts have its own meaning. Placing the baby child under the cot denotes that she is weak and that she should humble herself before men. The broken pottery means that she must be laborious. Giving an offering to the ancestors signifies that one of her primary duties is to worship her elders.
B. Traditions and Culture
1. Foot Binding
Foot Binding is the most popular discriminating culture in China. When we speak about unfairness in China, this would probably pop into your mind. The words are self-explanatory. When you hear about it, you would know how it looks like, and how it is done, but would you know why it is done?
It usually begins between the ages of four and seven. A ten feet long bandage is wrapped tightly around the foot, forcing the four small toes under its sole. This made the feet narrower and shorter because it also forces the big toe and the heel closer together by bowing the arch of the foot. The bandage is tightened each day and the girl is put into smaller and smaller sized shoes. The entire process usually took about two years. At the end, the feet were essentially dead and utterly useless. Binding the feet was the easy part, being bent so out of shape the feet required lots of core. The feet had to be washed and manicured on a daily basis. If they weren't manicured properly the toe nails could cut into the instep and infection could set in. If the bindings were too tight they could cut off circulation which could lead to gangrene and blood poisoning. The feet had to be massaged and given hot and cold compresses to help relieve the pain and help improve circulation.
Foot binding began as a luxury among the rich. It soon became a prerequisite for marriage. It became a reason for a groom to call of a wedding if he found out that the woman did not have bound feet. It was believed that the way foot binding made a woman walk strengthened the vagina and made it more narrow. A mother was obligated to bind her daughter’s feet or she almost certainly would never get married. The bound foot woman had to walk with all of her weight on her heels and tottered as she walked. This was considered very charming, since a bound foot woman was largely restricted to her home, bound feet became a symbol of chastity. It was believed that once the foot was bound, it could not be unlocked like a chastity belt. Another purpose of the foot binding is to make the woman dependent of others for they cannot walk properly because of the broken bones.
An anti-foot binding group was formed in the year 1895 in Shanghai. Society members stopped binding the feet of their daughters. Thus, these members register within the society the names of their children. The purpose of such action is to find a mate for their children. Registered members were not allowed to let their children marry women with bound feet.
2. Arranged Marriages
Since the Qin to Qing dynasty, the feudal system dominated. During these periods, the importance of marriage is not to find a better half but to determine prosperity and fame to the groom’s family. For the bride’s family, it means that the parents already lost the chance of seeing their daughter for a very long time.
The marriage is decided by the parents. A matchmaker is consulted. Afterwards, family conditions will be matched. Only after then would the marriage procedure prosper. The social status and wealth is taken into consideration. A boy from a well-off family is not allowed to marry a girl from a poor family.
The Chinese zodiac is also considered in match making. The matchmaker is asked to predict on whether the couple would live a happy life. After which, the matchmaker would take gifts to the girl's parents and tell them that the process could continue. In selecting the wedding date, the boy's family consults the fortune-teller to choose a date according to the astrological book. The fortune teller determines when it should be proper and propitious to hold the wedding.
III. Discussion


A. Modern Chinese in Philippine Setting

By simply looking in De La Salle University, it can be concluded that there are many Filipino-Chinese in the country. Especially in the College of Business and Economics, the Chinese community is dominant. In one section, seldom would you not find a student with a Chinese sounding surname, thus, Lim, Uy, Tan, Sy, Ang, Chua and Yu are very common.
These people, including myself are already citizens of the country. It is either they are naturalized, or is born with Chinese parents. I am stating this fact because I want to emphasize that the governing laws in the Philippines do apply to them even though they are not Filipino in blood.
Unlike the Muslims, we, the Chinese nationals do not have a specific law which governs us. The Philippine Constitution respects the Shariah Law. Thus, a Muslim cannot be forced to eat pork nor pray the rosary because the supreme law of the land itself manifested that these acts should be respected.


1. Preferential Chinese-Chinese Relationship

As I have said in the earlier parts of this paper, I had been asked a few times on whether I am allowed to marry a non Chinese. Thus, my answer is that I am not restricted but I do prefer to marry a co-Chinese. In my own opinion, it is quite difficult for two different cultures to jive and make the relationship work. This does not necessarily mean that all Chinese wants to marry a Chinese.
In traditional Chinese families, parents advice their children to marry a fellow Chinese because of many reasons. One, it is simply because of the culture. How does it feel to hear people talking in front of you without you understanding anything that they say? How does it feel that you cannot cut your hair or your nails even though it becomes longer and dirty because of a death of a family member? How does it feel to wait for a feng sui expert before you can decide on what position should the bed be placed or what date you are allowed to marry? Second, some Chinese think highly of themselves as compared to the Filipinos. This is due to the success of a Chinese in business. He or she thinks that as successful business tycoons, Filipinos are not worthy of the money which is to be shared by the couple after they marry. As sad as it sounds, this is reality.
I don’t know why people are still against interracial marriages. Yes it is true that there might be a problem in communicating, but I don’t think any person should dictate who you should marry. In marriage, both parties should be able to sacrifice and adapt to the new culture.
“Huanapo” is the term used when we speak about our house helpers. Literally, it means Filipina maid. Huana meaning Filipina. This is a norm. Whenever you ask about you maid, house helper or whatever you want to call them, this term is used.
There is no specific law which prohibits a non Chinese to marry a Chinese or vice versa. In fact, this would be considered as discrimination. Thus, if I am to further explain marriage, it is clear that the marriage is allowed and valid even if you marry a person from a different race.

The following requisites of marriage are as follows:
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

How can the consent be given freely if the person cannot choose his or her bride or groom? Thus, it is enough that the family gives advices to the future bride or groom but they cannot hinder nor dictate whom their son or daughter marries. In the law, a male and a female should be the parties of the marriage. Given that simple requirement, it should be clear that law itself is contented with the fact that a male and a female can marry. It does not say that a Catholic male is to marry a Catholic female, nor is that a Chinese male is to marry a Chinese female.
If I am to discuss the void marriages, you will see that interracial marriages are not considered void.
Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82)

There is no provision that stated that marriage between a non Chinese to a Chinese is void. Thus, if someone tells you that you cannot marry a non Chinese because you are Chinese, you must ask them why. If they give you an answer like, “because I said so”. There is no basis for you to stop the marriage. Sometimes, it is believed that the success of a marriage depends on the blessings of the parents. It is not true. Though of course it is greatly appreciated if they support your relationship but then, you are living your own life. You are not the property of anybody.
If there is no logical reason on why they are hindering your marriage because of such discrimination, it is not right for you to give up your own happiness for the benefit of others. Aside from that, the laws of your family are not superior to the laws of the land. A person marrying another person with a different nationality is not against public morals or public policy. Thus, it is stressed that any person is free to choose whom they want to marry as long as they comply with the essential requisites.

2. Disinheritance
Whenever a child does not comply with the rules and regulations imposed by his or her parents, there is a corresponding punishment. If you are a teenager, you might be grounded if you come home late. Your phone can be confiscated when you flunk school.
In the world of the adults, your parents would always threat to disinherit you. This often happens in an unsupported marriage which happens when you do not marry a Chinese. If you marry a Filipino, or a Filipina, you will either be disowned or disinherited. Of course not all parents do this. There are others who are open-minded enough to understand the situation. It is understood, that a parent wants the best for his or her child. But the only thing he or she can do is to give advices and precautions to the child.
What’s the point of taking all the money and property allotted for your child? Why are the parents working hard anyway if they are just going to keep it among themselves?
There is this so called legitime, for each and every heir. It is stated in Article 886 that:
Art. 886. Legitime is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs
Art. 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Thus, a parent cannot take everything away from his or her child because he or she is a compulsory heir and the law states that there should be a legitime. Still, I am not contented with this provision. The basis of disinheriting your son or daughter because of marriage is not a logical reason. It is unfair for the children. First, they are not even supported morally by their parents. Second, they will not also be supported financially. What more can they take away from them? What is so wrong in marrying another nationality? I find it ironic that the laws on marriages does not make it possible for you to discriminate, but even if it does not discriminate, the after effects of the marriage is not logical at all. What’s the use of eliminating discrimination if in the end you are still given punishment for something that should not be punishable?
This topic also embraces the concept of succession. A woman, ca be barred from having top positions in family businesses because it is believed that men in the family are more capable. A boy would be trained to run the family business while the girl is trained to do “girly” stuffs. It will always be an issue especially when the girl is already married. In fact, in a Chinese family, the girl who marries is deemed to be the burden of the husband’s family.

IV. Conclusion

To end this discussion, I strongly believe that the Chinese women in the Philippines should follow the laws of the country. Chinese women are traditionally known as submissive. They value the culture too much. I am not saying that tradition and culture should be disregarded, but I think these women should know the limitations. As a Chinese myself, I have my own viewpoints in different matters. There is no specific law which prohibits the marriage of a Chinese man to a non-Chinese woman, nor a law which prohibits a Chinese woman to be married to a non-Chinese man. The problem is that, these people have this mentality that they should marry their fellow Chinese. Morally, there is nothing wrong in marrying a person from another race. They themselves should not allow others to dictate on their lives. Most times, the parents would disinherit or even disown the child if they do not marry their fellow Chinese. These women should voice out that they have their own right to choose the person that they are to marry. The marriage has nothing to do with the inheritance that they should receive. In fact, that particular inheritance is the rightful share of that person.
V. Recommendation
I do believe, that the Philippines has too much laws to uphold the rights of the people. The Bill of Rights per se explicitly states the rights of its citizen. And by the word citizens, women are therefore included. In my own opinion, there is no need to add more laws for women empowerment. Though there are some questionable laws like for example in the case of concubinage and adultery, there are more vague laws which need to be modified. Instead of creating another law, legislators should focus more on the modification of an existing law. As I have read before in Isagani Cruz’s book, the law is not static. It should move and follow the flow as time passes by.
In many cases, women choose to keep mum whenever they are violated. They are always conscious of the ‘shame’ that they would bring to their family once they tell the truth. Is it not the violator who should be ashamed of the crime that they have done? The problem here in the Philippines is that women do not voice out. Though they are not as oppressed as before, there are still cases when men are superior over women. This is not because the male gender is generally known as superior, but it is the women who let themselves be inferior to men.
The government cannot shoulder all the blame whenever there are abused women. Sometimes, or should I say often times, women are abused because they let themselves be abused. How would the law punish the criminal if the crime is not known?
I know for a fact that there are lots of organizations that entertain the complaints of the women. As for the Chinese community, I have not heard of any particular organization which handles the problems of the women. The only organizations that I know are the ones which are supporting one’s family name. Like for instance, if your surname is Chua, then you should join the Chua association. Take note, that the surname used by the female is the surname of the husband. I have nothing against the use of your husband’s surname, but I am not convinced that you should join your husband’s association just because you have his surname. When you were born, you are not given the opportunity to follow your mother’s surname, and yet after you marry, you are still not allowed to join the organization because you should follow the association of your husband’s surname.
In my family, there was a question of who should get the larger part of the inheritance. Is it my uncle, who first married and had a first born boy? Or is it my dad who is older but married later with a first born girl? Either way, I don’t think it is beneficial to the women in my family. So what if the first born child is a boy or a girl? It should be divided equally among them. Take note, there is an issue of who should get more on the basis of seniority. This should not be a question. So what if my dad is older than his brother? I forgot to state the fact that they have an elder sister. But, she was taken out of the picture because of her marriage. It was stressed that she should be the responsibility of her husband because she is married to him. Question. If a woman is married to a man, would your relationship as a daughter end? Same as, when your child marries, would your relationship as a mother end?
I asked my mother, why is there such a fuss on who’s going to get a bigger share because legally, there was no will left therefore, siblings should be given their equal shares respectively. Shockingly, her answer to my question was, “wala eh, lalaki kasi sila”.
I recommend that Filipino-Chinese organizations be open to the problems of the Chinese women. Most Chinese associations here in the Philippines are run by men, and of course, there is gender bias. I want the Chinese community to put up their own association to uphold women empowerment. It may not be exclusive to Filipina-Chinese, I want this to be extended to Filipinas who are married to a Chinese. Most times, they are not given the same opportunities as compared to those Chinese-Chinese relationships. I must admit, that the Chinese think highly of themselves as compared to Filipinos. I am not saying that all Chinese feel superior over Filipinos, but often times, they think low of the others, this makes it difficult for the Filipinos to prove themselves to the Chinese.
I also want these organizations to stress the fact it is not only the ‘victims’ who should come to them in cases of abusive treatment may it be physically, emotionally or financially. I want these organizations to let the victims know that they are ready to come to them whenever they need help.
I want these organizations to provide information regarding wills and successions. Most times, women would agree with the wills excluding them from the business or the properties which should legally be given to them. They should be oriented, that being a woman is not, and should not be a basis of exclusion in choosing on who should or should not own the business. Yes, there is a difference between male and female. But I think such difference is only limited to the physical attributes of each being and it clearly does not affect the capacity and ability of a person.
I recommend that the legislators modify the laws regarding inheritance. Make it more specific. See to it that marriage would not be a factor in disinheritance. Be clear on the purpose of that specific law.
I call on my fellow Filipino-Chinese, speak. Do not be eaten by traditions. Do not be threatened by the culture. I don’t even know if it is culture or is it only our mentality. Let us defy the dictated norms for it will continuously exist if we allow them to.