Marriage and the Family

C Diversity and Strengths in

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the Twenty-First Century.
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The family is significant to the foundation
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of society. From the family, we can
R produce quality people who can build a
O better nation through the support of the
D parents who can help promote a strong
U family and a stable nation by fostering in
C them the values and virtues. In this
T chapter, the family setting is the
I Philippine culture.
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 Family Defined
 The concept of the family varies from culture to
culture. In a general sense, the family is the most
universal Institution. It is the basic social
institution in most societies. It is “a social group
characterized by common residence, economic
cooperation, and reproduction” A family
includes adults of both sexes, at least two whom
maintain a socially approved sexual relationship,
and one or more children, owned or adopted, of
the sexually cohabiting adults “
The family ensures continuity of society.
There are family activities, such as going to
the church, that are interrelated with the
activities of the community. The family is the
group that plays an important role in the
personality development of the individual.
Parents are the caretakers and trustees of the
children. They have the responsibility not
only to provide for the material needs and
education of their children but also for their
moral and spiritual guidance, especially
during the early years of their lives, so that
they can grow mature and equipped for the
challenges in society.
The Filipino Family
as Defined in Philippine Laws

 The Philippine Family Code or Executive Order

No. 2009 refers to the family and the
“foundation of the nation” a sole property-
owning unit with authority over its member. It
can be said that the Filipino family is the only
social unit with corporation characteristics,
Accordingly, family relations are governed by
law and no customer practices, of agreement
destructive of the family shall be recognized or
given effect.
 1. Between husband and wife.
Family relations include those;

2. Between parents and children.

3. Among brothers and sisters,

whether of the full or half-blood.

Family Code, Executive Order, 2009.

The 1967 Constitution affirms state
recognition of the sanctity of family life
and a such, the state shall protect and
strengthen the family as a basic social
institution Appropriately, this shall
equally protect the life of the mother and
the life of the unborn from conception. It
is the natural and primary right and duty
of the parents to rear the youth for civic
efficiency, and the development of moral
character shall receive the support of the
government.
The important element of the family is
marriage. This provides for the cultural
mechanism to ensure the continuity of
cultural patterns-the mores, tradition, and
customs within the society by means of
inculcating values such as being obedient,
God-fearing, and morally upright to
become a good citizen.
In addition, a more comprehensive and less stereotype
definition of family: is any group of persons united by
the ties of marriage, blood or adoption, any sexually
expressive relationship, in which

1. The adult 2. The people

cooperate financially
for their mutual interpersonal
support; relationship;

3. The members 4. The group

see their mutual has identity of
support; it’s own.
This definition has advantages. It includes a variety of
family structures; the traditional married with or without
children, single parent families, and families consisting of
blood relatives (such as two widowed sisters, a
grandparent and grand children, and multigenerational
extended families) it also includes persons not related by
marriage, blood, or adoption who have a sexual
relationship. Because this definition insists that the
persons be committed and be in an intimate interpersonal
relationship, it eliminates cohabiting couples who live
together for practical reason, without commitment, and
those who have only a casual relationship even though
they may have sex together, The members must see their
individual identities as importantly attached to the group,
and the group must have an identity of it’s own.
Marriage, as viewed by Catholic in the
Philippines, is a sacred bond by which a
man and a woman give to each other the
right to his or her person. the relation of
man and woman is a mutual sacrifice until
death does them apart, Marriage is
intimate and complete degree of self-
giving.
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
Itis different from ordinary contract in that it can
be entered into by only two persons not of the same
sex; the law fixes the relationship between the
parties, who cannot alter its essence by private
contract; it is a contract of permanent union
between the parties, which can be dissolved only by
death or judicial annulment; it’s breach give rise to
penal and civil sanctions; in contras to breach in
ordinary contracts which results in an action for
damages. The Family Code also enumerates the two
essential requisites to marriage; legal capacity of the
contracting parties must be at least eighteen years
old and the requirement that consent be freely given
means that marriages is voluntary and not defective
or secured through fraud, coercion, or threat.
Rights and Obligations of the Spouses.
 Under Article 68 of the Family Code, spouse are
“obliged to live together, observe mutual love,
respect and fidelity, and render mutual help and
support. “Spouse are entitled to cohabit and live
in the same conjugal home. The right to cohabit
is, however, not absolute, since the wife may
justly refuse sexual intercourse if her husband
demands from her abnormal or perverse
practices. If this occurs, the wife is entitled to
separate maintenance. She may file for legal
separation since the Code had expanded the
grounds to include sexual infidelity or perversion
.
A spouse who refuse to cohabit without justifiable
reason will be deprived of the right to be supported
and maybe compelled to pay moral damages. The
court , however, cannot compel him or her to return
to the conjugal home. Moreover, the Family Code
gives both husband and wife the right to fix the
family domicile. Under the old law, the husband has
this sole right with the wife being exempted from
living with him if he lives abroad. Now, the court may
exempt one spouse from living with the other if there
are valid and compelling reasons which should,
however, not be incompatible with the solidarity of
the family. Spouse are jointly responsible for the
support of the family. In contrast to the old law,
support of the family is solely the husband’s
responsibility. This change also makes the wife a co-
administrator of conjugal or community property.
 Management of the household-a responsibility earlier
relegated to the wife-is now the right and duty of both
spouses. A spouse may practice his or her own
legitimate profession or occupation without the consent
of the other. The Civil Code provision where the
husband alone may object to the wife’s exercise of her
profession, the right to object is now exercised by both
spouses. According to social standing, the new
provision allows objection on “valid, serious and moral
grounds”, the fact that the wife may want to wor, even
if her husband can provide for the family. This
provision debunks the old argument that family
harmony is repugnant to the idea of the wife having a
distinct career from her husband, a belief claimed to be
“founded in the divine ordinance, as well as the nature
of things, indicates the domestic sphere as that of
which properly belongs to the domain and functions of
The Changes in the rights and obligations of the spouses
reflect the long-delayed awareness that women are not
destined solely for the “noble and benign office of wife and
mother”. The entrance of women in the work force, which
gave rise to the recognition of their own identity and the
power to change things, has led to increased gender equality.

This is good development in the law. A law that different

treatment on the basis of sex violates the equal protection
clause. If the husband is given by law preference for
allocation on family responsibility, then such law merely
reinforces the traditional idea of mans obligation to provide
a home and the necessaries for his family and a women’s roll
as a dependent. Although the old law operates benignly in
favor of the wife and relieves her of the burden of
supporting the family, it carries with it the inherent risk of
strengthening that a woman’s rightful place is in the home
(Family Code, 1987)
Parental Authority.
 Both statute law and constitutional law emphasize the
natural duty and rights of parents to care for their
children. Section 12 of Article II of the Constitution
states:”The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and
the development f normal character shall support from
the government.” Article XIV of the Constitution stresses
the natural right of parents to rear their children. Article
22 of the Family Code gives the father and another joint
parental authority over their common children but makes
the fathers decision controlling in case of disagreement.

 Article
220 parent have to right “to demand from their
children respect and obedience and impose discipline,
keep them in their company instruct and guide them,
provide for them in keeping with their means”
 Article 357 of the Civil Code enumerates the
responsibilities of a child;
1. Obey and honor his or her parents.
2. Respect his or her granparents and old relatives.
3. Exert his or her utmost for his education and
training; and
4. Cooperate with the family in all matters that make
for the good of the same.
Parental responsibilities include the right of parents
to open the letters of their children to find out if
they have correspondence with people who are
undesirable. Parent have the right to prevent the
child from having dealings with dangerous and
unwholesome individuals.
Grounds for Legal Separation.
 Article 55 of the Family Code talks about filing
petition for legal separation, a petition for legal
separation many be filed on an 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 of moral pressure to compel the
petitioner to change religiously 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