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1987 Constitution
Article XV The Family
Section 1.
The State recognizes the Filipino family as the foundation
of the nation. Accordingly, it shall strengthen its solidarity
and actively promote its total development.
Sec. 2.
Marriage, as an inviolable social institution, is the foundation
of the family and shall be protected by the State.
Sec. 3. The
State shall defend:
(1) The right of spouses
to found a family in accordance with their religious convictions
and the demands of responsible parenthood;
(2) The right of children
to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation,
and other conditions prejudicial to their development;
(3) The right of the family
to a family living wage and income; and
(4) The right of families
or family associations to participate in the planning and
implementation of policies and programs that affect them.
Sec. 4.
The family has the duty to care for its elderly members but
the State may also do so through just programs of social security.
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and Light blog (on
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Oldies
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Why
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Surviving
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Marital
infidelity: causes, consequences and conclusions
Hope
and help for the battered woman (4): Emotional abuse / psychological
violence
Hope
and help for the battered woman (5): Biblical response to
abuse; evangelical Christians are best husbands – University
of Virginia study
“Are
you ready? Let’s get it on!” Marriage: The Ultimate
Fighting Championship
All
about women: Move over, Jang Geum!
Do
wives really want husbands to share their feelings and thoughts
with them?
Emotional
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between husbands and wives
Hate
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Love
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Men
are terrible mind readers ...
Rights
and obligations between husband and wife from the Biblical
standpoint and that of the Family Code
Ruffa,
Ylmaz, TV Patrol, divorce and remarriage by Filipinos
The
only exercise some people do is jumping to conclusions: Mind
reading and negative interpretations
Transformers:
Why do persistent suitors become passive husbands?
Update
on the Mary Winkler case: A word of hope and encouragement
for pastors' wives and female church workers
Why
do men think the things they think, say the things they say,
and do the things they do?
Relevant
articles from Legal
Updates blog
Support for abandoned woman and family
Rights
and obligations of husbands and wives
Adultery,
concubinage and psychological violence
Divorce
obtained abroad by a Filipino not recognized here
Divorce
and remarriage
The
Amy Perez case: Psychological incapacity in annulment of marriages
Mediation
not applicable to domestic violence cases
Custody
battles over children: what determines fitness of a parent
over another?
Can
a mother be deprived of custody of her child?
Can
you legally force your spouse to live with and to love you?
When
a man is married to or living in with several women successively
or simultaneously, who has the right to inherit from him?
A
primer on the Newborn Screening Act of 2004
A
primer on RA 8972 or the Solo Parents’ Welfare Act of
2000
Can
an unwed mother avail of the benefits of the Solo Parents
Welfare Act?
Free
PDF newsletter on legal issues available for download
People vs. Florendo
G.R. No. 136845
October 8, 2003
As to the marriage
of the victim and appellant, the trial court properly upheld
its legitimacy. In parricide, the best proof of relationship
between appellant and the deceased is the marriage certificate,
and in the absence thereof, oral evidence of the fact of marriage
may be considered. The testimony of appellant that he was
married to the deceased is an admission against his penal
interest. It is a confirmation of the pre-sumption that “a
man and a woman deporting themselves as husband and wife have
entered into a lawful contract of marriage.” Even
if the marriage certificate was not presented, that the victim
was the legitimate wife of appellant is evident from the testimonies
of the prosecution witnesses. In open court, appellant himself
volunteered the information in his offer of evidence through
counsel and on direct examination that the victim was his
legitimate wife.
Ilusorio vs. Ilusorio-Bildner
G.R.
No. 139789 July 19, 2001 and G.R.
No. 139808 July 19, 2001
First. Erlinda K. Ilusorio claimed that
she was not compelling Potenciano
to live with her in consortium and that Potenciano' s mental state was not an issue. However, the very root
cause of the entire petition is her desire to have her husband's
custody. Clearly, Erlinda cannot now deny that she wanted Potenciano
Ilusorio to live with her.
The law provides
that the husband and the wife are obliged to live together,
observe mutual love, respect and fidelity. The sanction therefor
is the "spontaneous, mutual affection between husband
and wife and not any legal mandate or court order" to
enforce consortium.
Obviously, there
was absence of empathy between spouses Erlinda
and Potenciano, having separated
from bed and board since 1972. We defined empathy as
a shared feeling between husband and wife experienced not
only by having spontaneous sexual intimacy but a deep sense
of spiritual communion. Marital union is a two-way process.
Marriage is definitely
for two loving adults who view the relationship with "amor gignit amorem” respect, sacrifice and a continuing commitment to
togetherness, conscious of its value as a sublime social institution.
Bondagjy vs. Bondagjy
G.R. No. 140817. December
7, 2001
Is a wife, a Christian who converted
to Islam before her marriage to a Muslim and converted back
to Catholicism upon their separation, still bound by the moral
laws of Islam in the determination of her fitness to be the
custodian of her children?
The standard in the determination
of sufficiency of proof, however, is not restricted to Muslim
laws. The Family Code shall be taken into consideration in
deciding whether a non-Muslim woman is incompetent. What determines
her capacity is the standard laid down by the Family Code
now that she is not a Muslim.
Indeed, what determines the
fitness of any parent is the ability to see to the physical,
educational, social and moral welfare of the children, and
the ability to give them a healthy environment as well as
physical and financial support taking into consideration the
respective resources and social and moral situations of the
parents.
The record shows that petitioner
is equally financially capable of providing for all the needs
of her children. The children went to school at De La Salle
Zobel School, Muntinlupa City with their tuition paid by petitioner according
to the school’s certification.
The welfare of the minors is
the controlling consideration on the issue. In ascertaining
the welfare and best interest of the children, courts are
mandated by the Family Code to take into account all relevant
considerations.
Article 211 of the Family Code
provides that the father and mother shall jointly exercise
parental authority over the persons of their common children.
Similarly, P.D. No. 1083 is clear that where the parents are
not divorced or legally separated, the father and mother shall
jointly exercise just and reasonable parental authority
and fulfill their responsibility over their legitimate
children.
Either parent may lose parental
authority over the child only for a valid reason. In cases
where both parties cannot have custody because of their voluntary
separation, we take into consideration the circumstances that
would lead us to believe which parent can better take care
of the children. Although we see the need for the children
to have both a mother and a father, we believe that petitioner
has more capacity and time to see to the children’s needs.
However, the award of custody
to the wife does not deprive the husband of parental authority.
In the case of Silva v. Court of Appeals, we said that:
“Parents have the natural right,
as well as the moral and legal duty, to care for their children,
see to their upbringing and safeguard their best interest
and welfare. This authority and responsibility may not be
unduly denied the parents; neither may it be renounced by
them. Even when the parents are estranged and their affection
for each other is lost, the attachment and feeling for their
offsprings invariably remain unchanged.
Arbolario vs. Court of Appeals G.R.
No. 129163. April 22, 2003
Once a valid marriage is established,
it is deemed to continue until proof that it has been legally
ended is presented. Thus, the mere cohabitation of the husband
with another woman will not give rise to a presumption of
legitimacy in favor of the children born of the second union,
until and unless there be convincing proof that the first
marriage had been lawfully terminated; and the second, lawfully
entered into. It
does not follow that just because his first wife has died,
a man is already conclusively married to the woman who bore
his children. A marriage certificate or other generally accepted
proof is necessary to establish the marriage as an undisputable
fact.
How
to become a Christian
Roman
Road
the
Kristo
The
Cross
Knowing
God Personally
Power
To Change
Have
you ever asked yourself ...
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