COVERAGE IN MIDTERM

a. Marriage
b. Family-Kinds of Family
c. Family Planning
d. Dissolution of Marriage
e. Abortion
FAMILY CODE
Requisites of Marriage
Art. 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. (52a)
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)
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the
courts jurisdiction;
(2) 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 officers
church or religious sect;
(3) Any ship captain or airplane chief only in the case
mentioned in Article 31; (IN CASES OF ARTICULO MORTIS-
POINT OF DEATH)
(4) 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;
IN CASES OF ARTICULO MORTIS-POINT OF DEATH)
(5) Any consul-general, consul or vice-consul in the case
provided in Article 10
Art. 36. PSYCHOLOGICALLY INCAPACITATED
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)

FORMS OF MARRIAGE
A. MONOGAMY- one man marries only one woman at a given time
B. POLYGAMY- one person marries two or more persons of the opposite sex at a given time. Two forms:
a. POLYGYNY- marriage of a man to two or more women at a given time in which there is no marriage
bond between the wives
b. POLYANDRY- the woman is legally married to two or more men at the same time

II. FAMILY
ARTICLE XV OF THE 1987 PHILIPPINE CONSTITUTION
Section 1. The State recognizes the Filipino family as
the foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its total
development.
Section 2. Marriage, as an inviolable social institution,
is the foundation of the family and shall be protected
by the State.
Section 3. The State shall defend:
(1) The right of spouses to found a family in
accordance with their religious convictions and the
demands of responsible parenthood;
(2) The right of children to assistance, including proper
care and nutrition, and special protection from all
forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development;
(3) The right of the family to a family living wage and
income; and
(4) The right of families or family associations to
participate in the planning and implementation of
policies and programs that affect them.
Section 4. The family has the duty to care for its elderly
members but the State may also do so through just
programs of social security.

TYPES OF FAMILY
A. RESIDENCE
i) Patrilocal Family:
In this type of family, after marriage the wife goes and lives in the family of her husband, As such, the
family of this kind is based on partilocal residence. This family is also known as Virilocal family.
ii) Matrilocal Family:
Matrilocal family is just opposite of the patrilocal family. In this family, after marriage the husband goes and
lives in the house of his wife. Hence, he occupies a secondary position. This type of family is also known as
Uxorilocal Family.
iii) Neo-local Family:
When the married couple after marriage reside in a new place and establish family independent of their
parents or of their relatives they said family is known as neo-local family.
iv) Bilocal Family:
In some societies after marriage the married couples change their residence, i.e. sometimes the wife joins her
husband at his residence and vice versa. This type of family is known as family by changing residence.
v) Avuncu local family:
When the couple goes to live in maternal uncle's house after marriage they said family is known as Avuncu-
local family.
B. As to its authority
i. Patriarchal Family:
In this family the power and authority is vested in the hands of the male member of the family. In
other words the patriarch or father is the; center of power and authority. He is the owner and
administrator of the family property and right. He exercises un challengeable authority over his family
members. In this family descent is reckoned through father line. So children are known by the name of
their father. It is patria local in nature i.e., the wife after marriage comes to live in the home of the
husband. The children have the right to inherit the property of their father. Generally, the ownership
of the family property is transferred through father to son and more particularly the eldest son
succeeds the position of his father after his father's death. The male head of the family performs all
religious functions and offers sacrifices to the family gods. He is the legal representative of his family
before the law. Thus, in patriarchal family, father or the eldest male member is the protector and ruler
of the family and enjoys full authority over the family members. This type of family was the prevailing
type in all greater civilization of antiquity says MacIver. The Indian joint family and well-to-do families
of Japan and China are patriarchal in nature.
ii. Matriarchal Family:
Matriarchal family is just the opposite of patriarchal family. It is also known as maternal family or
mother-right family or mother dominated family. In this family, the authority rests with mother or
some other female members. She owns all the family property and rules the family as male member,
in case of patriarchic family. Descent is reckoned through the mother. The female members alone
have the right to succeed to property of a maternal family. Thus husband is sub-ordinate to his wife
and plays a secondary role. This type of family is found among the Nayer and Tiya castes in Kerala, the
Khasi and Garo tribes of Assam and the North American Indians.
iii. Egalitarian Family:
When power and authority are shared by husband and wife in the family they said family is termed as
egalitarian family. This type of family is also known as equalitarian family or symmetrical Family. In this
type of family, both husband and wife are more alike. They take decisions jointly. Both sons and
daughters inherit family property equally. In short, this type of family provides equals opportunity to
both male and female to enjoy their rights and authority. In modern societies this type of family is very
common.
C. CLASSIFICATION OF FAMILY

i. Conjugal family- a family composed of husband and wife
ii. Simple or Nuclear family- a family composed of husband, wife and their children
iii. Extended -Is made up of nuclear or single-parent families plus other relatives such as grandparents, aunts,
uncles, and cousins.

III. FAMILY PLANNING
It is a preparation for responsible parenthood. Parents who want to have harmony among family members
need to plan the number of children they can support and take care of well. Parents consider family planning to space
pregnancies, limit family size, and delay childbearing. Family planning protects the health of the mother and the
children. It can protect the health of the father as well, since it limits the responsibility of the father to support the
family size he can only afford.
The term "FAMILY PLANNING is often used as a synonym for "birth control." Family planning, however, does
not only involve contraception. Family planning also takes into account planning your child's birth for specific times
(possibly by spacing births a few years apart from one another) and planning for a child when you have challenges
conceiving one.
IV. LEGAL SEPERATION AND ANNULMENT
What are the grounds for annulment?
1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was
solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the
spouses freely cohabited with the other and both lived together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such
party after coming to reason, freely cohabited with the other as husband and wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the
facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of
a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the
wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment
of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv)
concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the
marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall
constitute such fraud as will give grounds for action for the annulment of marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in
cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party
thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).
Among the grounds for annulment of marriage, psychological incapacity is the more (if not the most)
commonly used. It is also one of the more controversial provisions of the Family Code (Article 36). The guidelines
(shortened here) in the interpretation and application of Article 36 were handed down by the Supreme Court in
Molina:
1. The plaintiff (the spouse who filed the petition in court) has burden of showing the nullity of the marriage. Our laws
cherish the validity of marriage and unity of the family, so any doubt is resolved in favor of the existence/continuation
of the marriage.

QUESTION RELATED
What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for annulment?
Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least, however,
these grounds may be used as basis for legal separation.
How is legal separation different from annulment?
The basic difference is this in legal separation, the spouses are still considered married to each other, and, thus, may
not remarry.

WHAT ARE THE GROUNDS FOR LEGAL SEPERATION
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 religious 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.
The term child shall include a child by nature or by adoption.

DIVORCE IN THE PHILLIPPINES
Is divorce allowed under Philippine laws?
No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad
by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws.
Would it make any difference if I marry abroad where divorce is allowed?
No. Filipinos are covered by this prohibition based on the nationality principle, regardless of wherever they get
married (and regardless where they get a decree of divorce).
I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse
voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S.
citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?
Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured
and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the
Philippines is concerned, the second marriage is null and void.
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a
problematic marriage?
While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a
marriage or declare it as null and void.
IV.ABORTION
An abortion is when the pregnancy is ended so that it does not result in the birth of a child. Sometimes this is called
'termination of pregnancy'.
The pregnancy is removed from the womb, either by taking pills (medical abortion) which involves taking medicines to
cause a miscarriage or by surgery (surgical abortion) where the pregnancy is removed from the womb. Most abortions
can be provided on a day care basis which means you do not need to stay at a clinic overnight.
Every year almost 12,000 teenagers have abortions provided by bpas.
What Kinds of abortion are available?
Our trained staff can give you lots of information about different abortion treatments if you decide this is the right
option for you.
There are broadly two types of abortion treatment, the abortion pill (also called medical abortion) and surgical
abortion.The abortion pill involves taking medicines to end the pregnancy.Surgical abortion involves a minor operation
either awake or asleep.