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CHAPTER 11

Marriage
Marriage- Family Code of the Philippines defines marriage as 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.
Legal Requirements of Marriage
Under the Family Code, there are only two essential requisites of marriage:
1. Legal capacity of the contracting parties, who must be male and female; and
2. Consent of the parties freely given in the presence of the solemnizing officer
Purposes of Marriage
According to the law and according to the Bible, there are two purposes of marriage
1. For procreation for bringing children into the world and rearing them.
2. For companionship and mutual help when the parties past the age of procreation they still enter
into marriage.
Essence of Marriage and Morality
Marriage in the absence of love, done and entered into the purpose of acquisition of new citizenship to
another state, which many Filipinos usually do, violates its sacredness, hence, it is considered immoral.
Conjugal Love is a belief in the union of a man and a woman growing so spiritually close that they
become like one for eternity.
From the catechism of Catholic Church, conjugal love consists of three requirements:
1. Married individual are no longer two but one,
2. Avoidance of polygamy
3. Observe fidelity
Responsible Parenthood
In the relation to the biological processes, RP means the knowledge and respect of their
functions; human intellect discovers in the power of giving life biological laws, which are the part of the
human person.
In the relation to the tendencies of instinct or passion, RP means that necessary dominion which
reason and must excise over them.
RP also and above all implies a more profound relationship to the objective moral order
established by God, of which a right conscience is the faithful interpreter.
Three essential duties, which the partners in married life have to fulfill:
1. Constant growth in conjugal love
2. Generous and responsible motherhood and fatherhood
3. Proper upbringing of children
Sex and Marriage
Its meaning is primarily the realization of the sublime communion of love which, according to the
Bible, They shall be two in one flesh. Woman, who according to the book of Genesis was made from
the flesh of man (a sign which even then indicated the closeness of their relation and designated her as
the inseparable mate of man), is really united to man in this way in marriage.
Sex In a well-known but often misrepresented passage about marriage, Saint Paul writes,
The husband should fulfill his marital duty to his wife, and likewise the wife to her husband. The wifes
body does not belong to her alone but also to her husband. In the same way, the husbands body does
not belong to him alone but also to his wife. Hes not just emphasizing our ownership rights over one
another, but hes also clarifying that our exclusive conjugal rights belong to each other no outsiders
allowed.
Indissolubility of Marriage
Under Article 220 and 221 if the Civil Code of the Philippines, in case of doubt, all
presumptions favor the solidarity of the family. Thus, every intendment of law or facts leans toward the
validity of marriage, the indissolubility of the marriage bonds, the legitimacy of children, the community
of property during marriage, the authority of parent over their children, and the validity of defense for
any member of the family in case of unlawful aggression.
Marriage is Exclusive and Irrevocable
This is decisive character of marriage, on the strength of which a change takes place, which
removes it beyond the range of humans influence, also has a qualitative analogy in bodily surrender. It
implies a definite decision of the highest import. It is truly a surrender of ones self to the other and
implies essentially the same exclusiveness, which we found in conjugal love.
Rights and Obligation of Husband and Wife
Under the Republic Act No. 386
Article 109. The hubby and wifey are obliged to live together, observe mutual respect and fidelity, and
render mutual help and support.
Article 110. The hubby shall fix the residence of the family. But the court may exempt the wife from
living with the husband if he should live abroad unless in the service of the Republic.
Article 111. The husband is responsible for the support of the wife and the rest of the family.
Article 112. The husband is the administrator of the conjugal property, unless there is a stipulation in
the marriage settlements conferring the administration upon wife.
Article 115. The wife manages the affairs of the household. She may purchase things necessary for the
support of the family, and the conjugal partnership shall be bound thereby.
Legal Separation
Legal separation or a mensa et thoro in Latin phrase means separation from table and bed.
LS Is essentially a separation that is sanctioned by court order, meaning that the spouses may legally
live apart, but they are still legally married.
Grounds for Legal Separation
Under article 55 of the Family Code,
1. Repeated physical violence or grossly abusively conduct directed against the petitioner, a common
child, or a child of the petitioner;
2. Physical violence and 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 of the petitioner to engage
in prostitution, or connivance in such corruption or inducement.
4. Final judgement sentencing the respondent to imprisonment of more than six years, even if
pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbian and homosexuality of the respondent;
7. Contracting of the respondent of subsequent bigamous marriage, whether in the Philippines or
abroad;
8. Sexual infidelity or perversion;
9. Attempt of the respondent against the life of the petitioner;
10. Abandonment of the petitioner by respondent without justifiable cause for more than one year.
Legal Separation and Morality
According to the Holy Scripture, what God has united, let no man separate them. Separation in
bed and board may be legal but it does not mean that it is moral. God commands every couple to live
together through thick and thin and that separation is not a solution. Legal separation opens door for
dissolution of marriage which is contrary to the law of God.
Adultery
Adultery refers to the voluntary sexual relations between a married person and someone other
than his or her spouse. In the Philippine laws, adultery usually pertains to a married woman who is
having sexual relations with someone who is not her husband. The opposite of this (for male offender)
is usually charged/accused of concubinage.
Adultery and Morality
Thou shall not commit adultery, does not only the breaking of the marriage vow. The sin of
adultery and concubinage thus includes all obscenity, all impurity of act and speech, and all thought or
insinuation.
Divorce
Divorce or dissolution of marriage is the ending of a marriage, which can be contrasted with an
annulment which is a declaration that a marriage is void, though the effects of marriage may be
recognized in such unions, such as spousal support, child custody and distribution of property.
Two types of Divorce:
1. Fault divorce is a judicial termination of a marriage based on marital misconduct or
other statutory cause requiring proof in a court of law by divorcing party that the divorcee has one of
several enumerated things as sufficient grounds of divorce.
2. No-fault divorce is one in which neither party is required to prove fault, and one
party must allege and testify only that either irretrievable breakdown of the marriage or irreconcilable
differences between the parties makes termination of the marriage appropriate.
Divorce and the Bible
In Gods eyes, her first marriage is still intact although her husband has divorced her, and so the
(single) man who marries her is entering into an illicit sexual relationship with a married (although
divorce) woman,. For this reason anyone who marries a divorced woman commits adultery, and the
divorced woman commits adultery when she remarries.

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