Marriage & the Family

Gina H. Tolenada

The Family Code of the Philippines

Marriage

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.

Art. 2. No marriage shall be valid, unless these essential requisites are present:

a. Legal capacity of the contracting parties

who must be a male and a female; and b. Consent freely given in the presence of the solemnizing officer.
Art. 3. The formal requisites of marriage are:

a. Authority of the solemnizing officer;

b. A valid marriage license except in the cases provided for in

c. 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

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated where,
A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Art. 37 & 38, may contract marriage.

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

Art. 7. Marriage may be solemnized by: a. Any incumbent member of the judiciary within the court's jurisdiction; b. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect; c. Any ship captain or airplane chief only in the case mentioned in Article 31

d.

e.

Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32 Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)

Note: The Local Government Code of 1991 restored to the mayors their authority to solemnize marriages

The Religious Point of View of Marriage

Marriage is an exclusive and sacred union between one man and one woman. This view is found in the first words of the Bible, words revered by Jews and Muslims alike. . Genesis 1:27 says, "So God created man in his own image, in the image of God he created him; male and female he created them. Genesis 2:23-25 adds, "The man said, This is now bone of my bones and flesh of my flesh; she shall be called 'woman,' for she was taken out of man.' For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh."

Essential Requisites for Marriage

Refer to articles 2 and 3 of the Family Code of the Philippines Annulment of Marriage

Like divorce, annulment also dissolves a marriage; but unlike divorce, it indicates that the marriage never happened. An annulment is often required in the Roman Catholic Church in order for someone to remarry.

Grounds for Annulment

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twentyone (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.

3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud. 4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.

5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.
6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

Legal Separation
Legal Separation refers to the legal process of filing a petition in the appropriate court seeking a judicial declaration of legal separation for married couples. The legal effect, if petition is granted, is that the couples are separated from bed and board but they cannot re-marry. Article 55. A petition for legal separation may be filed on any of the following grounds: 1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religion or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.
4. Final judgment sentencing the respondent to imprisonment of more than six years; even if pardoned.

5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent. 7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

8. Sexual infidelity or perversion.

9. Attempt by the respondent against the life of the petitioner 10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

Norms of Marriage on the Selection of Potential Marriage Partner

1. Endogamy - is the rule specifying marriage to a person within one's own group. Ex. Marriage b/n RCs, caste endogamy, tribal endogamy 2. Exogamy - social rule that one must marry someone from outside one's own group. Ex. Marriage b/n a Filipino & and American 3. Sororate - a type of marriage in which a husband engages in marriage or sexual relations with the sister of his wife, usually after the death of his wife, or once his wife has proven infertile. 4. Levirate prescribes that a widow marry the brother or nearest kin of the deceased husband

Forms of Marriage
1. Monogamy marriage b/n one man and one woman 2. Polygamy or plural marriages 3 Forms: a. Polygyny one husband and two wives. Ex.
Muslim b. Polyandry one wife and two or more husbands. Ex. Hindu Todas of Southern India c. Group Marriage two or more husbands and two or more wives. Ex. Kaingang of Brazil; the Diere of Australia; Chukchee of Siberia & the Marquesan Islanders

THE FAMILY
1. Family is a more or less durable association of husband and wife with or without child, or of a man or woman alone, with children M.F. Nimkoff . 2. Family is a group of persons united by ties of marriage, blood or adoption constituting a single household interacting and intercommunicating with each other in their respective social roles of husband and wife, father and mother, son and daughter, brother and sister, creating a common culture Burgess and Locke.

3. Family is The biological social unit composed of husband, wife and children Eliot and Merrill 4. Family is a group defined by sex relationship sufficiently precise and enduring to provide for the procreation and upbringing of children MacIver

Patterns of Family Organization

A. Based on Internal Organization or Membership 1. Nuclear Family - consists of only father, mother, child/children living in one roof. 2. Extended Family - a family that includes in one household near relatives in addition to a nuclear family (eg. grandparents) 3. Single Parent 4. Compound Type- two Single Parent type of families together.

B. Based on Descent (implies family genealogical ties of a person with a particular group of kinsfolk) a. Matrilineal Descent b. Patrilineal Descent c. Bilateral Descent
C. Based on Residence a. Matrilocal system b. Patrilocal system c. Bilocal system d. Neolocal system D. Based on Authority a. Patriarchy c. Matriarchy c. Egalitarian

Nature of Family Planning

Family Planning involves the rational utilization of effective contraceptive methods by married couples so they can space and limit their children to a desirable size in order for them to attain quality life. Aspects of Family Planning: 1. Responsible Parenthood 2. Proper Spacing of Children 3. Birth Control

Norms on Family Planning 1. Sociological Norms The Philippine government views family planning as part of its strategy to promote the well being of families and as a means to prevent high-risk pregnancies, maternal deaths, and abortion. 2. Medical Norms Family Planning, through the use of contraceptives provides protection against unwanted pregnancies.

3. Legal Judicial Norms Government support of family planning is reflected in Art. XV, Sec.10 4. Ecclesiastical Norms

5. Psychological Norms

Population Policy& Programs

Population Commission (POPCOM) created through RA 6365. Main Goal: to enhance national development by meeting the social challenge of a high rate of population growth.

Contraceptive Methods

1. Chemical Method a. Oral Contraceptive b. Morning After Pill c. Implants

2. Sterilization or Surgical Method a. Tubal Ligation b. Vasectomy

3. Mechanical or Barrier Methods a. Male Condom b. Female Condom

c. Diaphragm or cervical cap

4. Natural Method a. Calendar or Rhythm b. Cervical Mucus c. Basal Body Temperature d. Sympto-thermal e. Coitus Interruptus f. Prolonged Lactation Amenorrhea g. Douche h. Abstinence
5. Intra-uterine Devices

CHANGES AND CHALLENGES OUR FAMILIES FACE TODAY

1. Marriages are dissolving with increasing frequency due to abandonment, separation, family squabbles and disorganization 2. Unwed motherhood and single parenthood are increasingly common 3. Working mother