4.5

• Marriage – 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.
• MARRIAGE

  • stated as "an inviolable social institution, is the foundation of the family and shall be protected by the State" (Art XV, Section 2, 1987 Constitution)
  • marriage is defined as "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" (Article 1, The Family Code of the Philippines)
• Various personal laws also presents a picture of inequality in its provisions apart from the marital laws:

  • The crime of adultery (Article 333 of the Revised Penal Code)
  • The crime of concubinage (Article 334 of the Revised Penal Code)
  • Vagrants and prostitutes pertains only to women (Article 202 of the Revised Penal Code)
• Various personal laws also presents a picture of inequality in its provisions apart from the marital laws:

  • Gender equality issues on night work prohibition (Article 130 of the Labor Code)
  • Disputable presumptions (Rule 131, Section 3 of the Rules of Court) and the Removal of criminal liability for rapists under RA 8353)
• Article 14 of the Family code of the Philippines

  • This excerpt outlines the requirements for marriage when one or both parties are between the ages of 18 and 21 and haven't been married before. They must obtain consent for their marriage from their father, mother, surviving parent, guardian, or legal custodian. This consent can be given in writing by the interested party appearing before the local civil registrar or through an affidavit with two witnesses present. The details of the consent must be recorded in the marriage license applications.
• The primacy of the decision of the husband/father:

  • Article 14 of the Family code of the Philippines
  • Article 96 and 124 of the Family code of the Philippines
  • Article 211 and 225 of the Family code of the Philippines
• Article 96 of the Family code of the Philippines

  • It states that both spouses share ownership of the community property. However, if there is a disagreement, the husband's decision takes precedence, but the wife can seek recourse from the court within five years from the date of the decision's implementation to address any issues.
• Article 124 of the Family code of the Philippines

  • This excerpt discusses the joint administration and enjoyment of the conjugal partnership by both spouses within a marriage. It states that if there's a disagreement, the husband's decision takes precedence, but the wife can seek legal recourse within five years from the date of the decision's implementation to address any grievances.
• Article 211 of the Family code of the Philippines

  • This passage outlines the joint exercise of parental authority by both parents over their common children. It states that if there's a disagreement, the father's decision typically holds authority, unless there's a specific judicial order stating otherwise.
• Article 225 of the Family code of the Philippines

  • This excerpt explains that both parents jointly hold legal guardianship over the property of their unemancipated common child without needing a court appointment. If there's a disagreement, the father's decision usually takes precedence, unless a judicial order states otherwise.
• Adultery involves a wife who engages into sexual intercourse with a man not her husband.
• Concubinage involves a husband who has

  1. sexual intercourse with a woman not his wife under scandalous circumstances;
  2. kept another woman in the conjugal home; or
  3. Cohabitating with another woman in another dwelling.
• Penalties:

  • The penalty of imprisonment is imposable on paramour in adultery
  • The penalty of destierro or banishment falls on all concubine
• FORGIVENESS CLAUSE IN THE CRIME OF RAPE (RA 8353 OR THE ANTI-RAPE LAW)

  • In the law, it stated that "subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed.”
  • It also recognizes that "if the offender is the legal husband, the subsequent forgiveness by the wife who is the offended party shall extinguish the criminal action of the penalty.”
• PROSTITUTION

  • Article 202 of the Revised Penal Code, amended by Republic Act No. 10158, retained the decades-old definition of prostitutes as "women who, for money or profit, habitually engage in sexual intercourse or lascivious conduct”
  • Following this definition, a man who peddles sexual acts for profit, is in effect, invisible in the eyes of law, thus making the actor thereof immune to imprisonment.