Family, Religion and Education

Marriage:
 The foundation of the family.
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…
 (Article 1, Family Code of the Philippines)
Marriage
 a “special” contract
 a “permanent” union
 the union is “between a man and a woman.”
 the union must be “entered into in
accordance with law.”
 The purpose of marriage is “the establishment
of conjugal and family life.
Marriage
 Marriage in the
Philippines is not…
Valid Marriage
Essential Requisites: (Article 2)
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.
Valid Marriage
Formal Requisites: (Article 3)
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.
Void Marriage
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;
Void Marriage
Art. 35. The following marriages shall be void
from the beginning:
3) Those solemnized without license,
except those covered the preceding
Chapter;
4) Those bigamous or polygamous
marriages not falling under Article 41;
Art. 41
A marriage contracted by any person
during subsistence of a previous marriage
shall be null and void, unless before the
celebration of the subsequent marriage,
the prior spouse had been absent for four
consecutive years and the spouse present
has a well-founded belief that the absent
spouse was already dead.
Void Marriage
Art. 35. The following marriages shall be void
from the beginning:
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. 53
Either of the former spouses may marry
again after compliance with the
requirements of the immediately
preceding Article; otherwise, the
subsequent marriage shall be null and
void.
Voidable Marriages
 Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:
LACK OF PARENTAL CONSENT:
(1) That the party in whose behalf it is sought to have the
marriage annulled was eighteen years of age or over but
below twenty-one, and the marriage was solemnized
without the consent of the parents, guardian or person
having substitute parental authority over the party, in
that order, unless after attaining the age of twenty-one,
such party freely cohabited with the other and both lived
together as husband and wife;
Voidable Marriages
 Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:
INSANITY OF ONE OF THE PARTIES:
(2) That either party was of unsound mind, unless such
party after coming to reason, freely cohabited with the
other as husband and wife;
Voidable Marriages
 Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:

FRAUD:
(3) That the consent of either party was obtained by
afterwards, with full knowledge of the facts, fraud,
unless such party constituting the fraud, freely
cohabited with the other as husband and wife;
Voidable Marriages
 Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:

FORCE, INTIMIDATION, UNDUE INFLUENCE:

(4) That the consent of either party was obtained by
force, intimidation or undue influence, unless the same
having disappeared or ceased, such party thereafter
freely cohabited with the other as husband and wife;
Voidable Marriages
 Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:

IMPOTENCE:
(5) That either party was physically incapable of
consummating the marriage with the other, and such
incapacity continues and appears to be incurable;
Voidable Marriages
 Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:

SEXUALLY TRANSMISSIBLE DISEASE:

(6) That either party was afflicted with a sexually-
transmissible disease found to be serious and appears to
be incurable.
SEPARATION IN MARRIAGE
 ANNULMENT – the process by which a
marriage is declared null and void. This
means that the marriage did not exist
at all in accordance with some legal
interpretation; therefore, there was no
marriage.
SEPARATION IN MARRIAGE
 LEGAL SEPARATION – is granted by a
court of law, allowing the married
couple to separate from “bed and
board.”

 DIVORCE – the complete dissolution

of marriage.
DIVORCE:
Is it high time for the
Philippine society to
finally accept this as a
means to settle marital
problems?
Forms of Marriage:
1. Monogamy - a man can only
take one spouse at a time
2. Polygamy - marriage to two or
more persons; plural marriage
3 Forms of Polygamy:
1. Polygyny – the marriage of one
man to two or more women at
the same time
2. Polyandry – the marriage of a
woman to two or more men at the
same time (Pacific Islands,
Central Africa)
3 Forms of Polygamy:
3. Group Marriage – a form of polyamory
in which more than two persons form a
family unit, with all the members of the
group marriage being considered to be
married to all the other members of the
group marriage, and all members of the
marriage share parental responsibility
for any children arising from the
marriage
Source of Marriage Partners:
1. Endogamy – norms which
dictate that one should marry
within one’s clan or ethnic group
(i.e. religious group, locality, or
social class.
Source of Marriage Partners:
2. Exogamy – norms which dictate
that one must marry
outside one’s clan or ethnic
group.
Kinship of Marriage Partners:
1. Levirate – norm that prescribes
the widow to marry the brother
or nearest kin of the deceased
husband.
Kinship of Marriage Partners:
1. Sororate – norm that prescribes a
widower to marry the sister or
nearest kin of the deceased wife
(Inuit people of Northern Alaska)
Based on Internal Organization or
Membership:
1. Nuclear - the primary or
elementary family which is
composed of a husband, wife and
children
Two Kinds of Nuclear Families:
1. Family of Orientation – the
family into which one is born,
reared or socialized
Two Kinds of Nuclear Families:
2. Family of Procreation – the
family established through
marriage (husband, wife, sons,
and daughters.
Based on Internal Organization or
Membership:
2. Extended family – composed of
two or more nuclear families,
economically and socially related
to each other
Based on Family Structure:
1. Conjugal Family – spouses and
offsprings are more important
than relatives.
Based on Family Structure:
2. Consanguineal Family –
relatives are more important than
spouses and offsprings.
Based on Descent:
1. Patrilineal – affiliates a person
with a group of relatives through
his or her father.
Based on Descent:
2. Matrilineal – affiliates a person
with a group of relatives
through his or her mother;
property is often passed from
mothers to daughters.
Based on Descent:
3. Bilateral – affiliates a person
with a group of relatives
related both to his and her
parents.
Based on Residence:
1. Patrilocal – requires that a
newly married couple to live
with or near the domicile of
the parents of the groom.
Based on Residence:
2. Matrilocal – requires that a
newly married couple to live
with or near the domicile of
the parents of the bride.
Based on Residence:
3. Bilocal – gives the couple a
choice of staying with either
the groom’s parents or the
bride’s.
Based on Residence:
4. Neolocal – allows the newly
married couple to re side
independently of the parents
of either groom or bride.
Based on Residence:
5. Avuncolocal – prescribes that
the newly married couple
reside with or near the
maternal uncle of the groom.
Based on Authority:
1. Patriarchal – one in which the
authority is vested on the oldest
male in the family, often the
father.
Based on Authority:
2. Matriarchal – one in which the
authority is vested on the
mother’s kin.
Based on Authority:
3. Egalitarian – one in which the
husband and the wife exercise
more or less equal amount of
authority.
Based on Family Pattern:
1. Sacred Familism – characterized by
adherence to traditional moral values,
the presence of an authoritarian
figure who is status dominated,
gemeinschaft interaction and a
traditionalistic, simple technology
with a peasant type of economy.
Based on Family Pattern:
2. Secular Familism – characterized by
members of the family who still aim
success of the family as their goal
but whose definition of success has
changed into a secular material sort.