Legal and Social Perspectives of Marriage and Family

Legal and Social Perspectives of Marriage and Family Presented by: Mr. Cueno Date: 4 August 2023 Marriage - Marriage is a social union or legal contract between individuals that creates kinship. - Such a union may also be called matrimony, while the ceremony that marks its beginning is usually called a wedding and the marital structure created is known as wedlock. Essential Requisites of Marriage - 1. Legal capacity of contracting parties who must be male and a female. This means that the parties must have the necessary age or the necessary consent of parents in certain cases. - • Age 18-21 - Needs parental consent • Age 22-25 - Needs parental advise Parental consent: effect of absence- The marriage is voidable, subject to the filing of a petition for annulment. There are two limitations: • 1. It could be filed only on behalf of the party who is between 18 and 21 at the time of marriage. • 2. The petition could no longer be filed after the concerned party reaches 21 and freely cohabited with the other, and both lived together as husband and wife. The marriage is considered ratified if no petition is timely filed. • The validity of the marriage is not affected. If the parties do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three (3) months following the completion of the publication of the application. If the marriage license is issued before the lapse of this period, then the responsible parties shall be civilly, criminally and administratively liable. - Parental consent if child below 18 • The marriage of a person below 18 years of age, even with the consent of the parents, are void ab initio (void from the very beginning). - 2. Consent freely given in the presence of the solemnizing officer. • (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 • (c) Any ship captain or airplane chief only in cases of articular mortis. It be solemnized not only while the ship is at sea or the plane in flight, but also during stopovers at ports of call. • (d) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation • (e) Any consul-general, consul or vice-consul in cases of marriages between Filipino citizens abroad • (f) Under the Family Code, governors, mayors and ambassadors are not authorized However, under the Local Government Code, mayors are now authorized to perform marriages within their jurisdiction. - 2. Valid marriage license. The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue. • Exceptions from having a license:  (a) Marriage in Articulo Mortis  (b) Marriage in remote places.  (c)Marriage of people who have previously cohabited for at least 5 years.  (d) Marriages between pagans or Muslims, who live in non-Christian provinces, and who are married in accordance with their customs. - 3. A marriage ceremony. It shall be held 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. Paternity and Filiations - Filiation is the civil status or relationship of the child to the father. The filiations of children may be by nature or by adoption. Natural filiations may be legitimate or illegitimate. - Paternity is the civil status relationship of the father to the child. Kinds Of Children Under Family Code - 1. Legitimate Child- One conceived or born during the marriage of the parents. - 2. Illegitimate Child- Children conceived outside the valid marriage - 3. Legitimated Child- Takes place by a subsequent valid marriage between parents. Children conceived and born outside wedlock who, at the time of the conception of the former, were not disqualified to marry. - 4. Adopted Child- Legally made the son or daughter of someone other than the biological parent. What Is Family? - Denotes a group of people affiliated by consanguinity - Basic unit of society - Basic social institution - Foundation of nation (Art. 149, FC) What are the Types of Family? - Nuclear family/Conjugal or Elementary- family composed of a father, mother and a child or children - Extended family - composed of members other than the father, mother, and children, e.g., in-laws, relatives, household helps, employees, etc. Models of Family Life - Corporate Model- Father is the Chief Executive Officer. Mom, the operating officer who implements Dad's policy and manages the Staff(children), who in turn have privileges and responsibilities based on their seniority. - Team Model- Dad is the head coach; mom is the chief of the training table and head cheerleader. The children, suffering frequent performance anxiety, play by the rules and stay in shape with conformity calisthenics. In the team family, competition is the name of the game and winning is everything. - Military Model- Dad's the general. Mom always on guard duty with a special assignment to the nurse corps when needed. Rank justifies arbitrary behavior. Sympathy is for softies. Discipline is all. Unruly children are sent to the stockade. Punishment is swift and sadism is called character building. - Boarding Model - Dad, the rector, or headmaster, is in charge of training strong minds and bodies. Mom, the dorm counselor, overseas the realm and emotion, illness, good works, and bed wetting. The children are dutiful student. - Theatrical Model- Dad, the producer, also plays the role of the Father. Mom, the stage manager, doubles in part of Mother. Children, the stagehands, also act the roles of girls and boys Parental Authority - PARENTAL AUTHORITY (PATRIA POTESTAS) is the mass of rights and obligations which parents have in relation to the person and property of their children until their emancipation, and even after under certain circumstances. Suspension Of Parental Authority - Conviction of parent for crime without civil interdiction - Treats child with excessive harassment and cruelty - Gives corrupting orders, counsel or example - Compels child to beg - Subjects to or allows acts of lasciviousness Grounds For The Permanent Termination Of Parental Authority - Death of parents - Death of child - Emancipation of child - Parents exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse - GENERAL RULE: A child under 7 years of age shall not be separated from the mother UNLESS the court finds compelling reasons to order otherwise. Paramount consideration in matters of custody of a child is the welfare and well-being of the child