Ivanna Bel N. Nilo Social and Culture with family planning 1.

Define the Marriage, Family, Legal Separation, Divorce, and Annulment. 2. What are the requisites for marriage? 3. What are the grounds for annulment and legal separation 4. What are the legal responsibilities of husband and wife? 5. Family code of Philippines 6. Civil code of the Philippines ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++++++++++++++++++++++++ ANSWERS: 1.)Marriage, Family, Legal Separation, Divorce & Annulment
Marriage- is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment on conjugal and family life. Family- is a group of people affiliated by consanguinity, affinity, or co-residence Legal separation- is a legal process by which a married couple may formalize a de facto separation while remaining legally married. Divorce- is the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Annulment- is a legal procedure for declaring a marriage null and void. 2.) Requisites for Marriage a. Essential Requisites of Marriage:

b.

1. Legal capacity of the contracting parties, who must be a male and a female: a. Eighteen years old or above b. Not under any impediment mentioned in Arts 37 (marriages that are incestuous) and 35 (marriages that are void by reasons of public policy) (Art 5, FC) 2. Consent freely given in the presence of a solemnizing officer (Art 2, FC) Formal Requisites of marriage: a. Authority of the solemnizing officer; b. Valid Marriage License; c. Marriage ceremony where the contracting parties appear before the solemnizing officer, with their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age

3.)Grounds of annulment and legal separation Annulment:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one.

However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed. 2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition. 3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud. 4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end. 5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage. 6. Either party was at the time of marriage afflicted with a sexually-transmitteddisease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage. SEPARATION: being separated from your spouse with or without communication is not grounds for annulment. It does not matter how many years you are separated. There is no law that annuls or voids a marriage automatically. Only a judge in a court of law can annul, void or nullify a marriage. INFIDELITY: is not grounds for annulment. Legal Separation:

1. Repeated physical violence or glossy abusive conduct directed against the petitioner, a common child, or a child of the petitioner. 2. Attempt of the respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement -Refers to prostitution only and irrespective of the age of the child. 3. Attempts by the respondent against the life of the petitioner 4. Final judgement sentencing the respondent to imprisonment of more than 6 years even if pardone 5. 6. Drug addiction or habitual alcoholism of the respondent Lesbianism or homosexuality of the respondent.

7. Abandonment of the petitioner by the respondent without justifiable because for more than 1 year. - There must be absolute cessation of martial relations, duties, and rights with the intention of perpetual separation (Partosa-Jo vs. Ca, G.R No. 82606, December 18, 1992). Abandonment implies total renunciation of duties. 8. Physical violence or moral pressure to compel petitioner to change religious and political affiliation. 9. Contracting by respondent of subsequent bigamous marriage; and 10.Sexual infidelity or perversion. -Sexual perversion includes engaging in such behaviour not only with third persons but also with the spouse

4.)Legal responsibilities of husband and wife

Art. 68 Obligations of husband and wife: a. observe mutual love b. observe mutual respect and fidelity c. render mutual help and support

Right of cohabitation - husband and wife must live together under one roof - exception: when there are valid legal grounds Note: parties cannot be compel by the courts to live together

Remedies: a. if the wife leaves: the husband can refuse support to her b. if the husband leaves (without justifiable reasons): he can be ordered to pay to wife her alimony and indemnity for damages

What are the legal remedies available when one spouse neglects his or her duties? 1. apply to the proper court for appropriate relief (Art. 72) 2. seek the admonition of the spouse who committed the wrong act 3. seek legal separation (check grounds for legal separation)

4. apply for the sole administration of the absolute community of property or conjugal partnership of gains 5. seek for the separation of property

Art. 69 General rule: Both the husband and wife shall fix the family domicile. Exception: In case of disagreement, the Court shall decide. (Either of the spouses may bring the matter to the court.)

When is the other spouse exempted from living with the other? 1. if the latter shall live abroad 2. other valid and compelling reasons

Art. 70 Who are responsible for the support of the family? Both spouses, jointly. Expenses for Support (Sources of Payment) a. community property or conjugal property b. if none (a), from the income or fruits of the spouses separate property c. if none or insufficient (b), from separate properties

Note: If the property regime is absolute separation of property, family expenses shall be paid based on the proportion of the spouses income. If insufficient, the current value of their separate properties (Art. 146).

Conjugal Partnership ofAbsolute Separation of Gains Property Support of the Conjugal property (Art. Both spouses shall Spouses 121, par. 1) proportionately bear the family expenses. Liability to creditors for family expenses are solidary. (Art. 146) Support of the Community property Conjugal property (Art. Same as above Common Children (Art. 94, par. 1) 121, par. 1) Legitimate Children of Community property Conjugal property (Art. Same as above Either Spouse (Art. 94, par. 1) 121, par. 1) Notes If community property If community property is insufficient:a. is insufficient:a. spouses are solidarily spouses are solidarily

Absolute Community of Property Community property (Art. 94, par. 1)

liable for the balance liable for the balance with their separate with their separate properties properties exception: Art. 49 par. 9 Illegitimate Children Notes Separate property of Separate property of their parents their parents If none or Same (left) insufficient:a. absolutely community or conjugal partnership (only if financially capable) Separate property of their parents Same (left)

Art. 71 What is the right and duty of BOTH the spouses? Management of the household. Note: No spouse can be deprived of this right without due process but he or she can be held accountable for the neglect of this duty.

Art. 72 Relief by the court can be sought be the aggrieved party when one of the spouses: a. neglects his or her duties to the conjugal union b. commits acts which tend to bring danger, dishonor, or injury to the other or to the family

Art. 73 General Rule: Either spouse may exercise any legitimate profession, occupation, business or activity WITHOUT the consent of the other. Exception: When there are valid, serious and moral grounds.

What happens when the other spouse insists to continue her objectionable work? The other spouse may file a petition in the court.

Liability before objection is made: If it redounded to the benefit of the family, the absolute community or conjugal partnership shall be made liable. If the property regime is absolute separation of property, spouses are jointly liable for the obligation. (Note: Creditors acting in good faith will not be prejudiced in their rights.)

Liability after objection is made: Separate property of the spouse who acted without the consent of the other shall be made liable for the payment of the obligation incurred.

Note: From R.A. 9262 (Sections 5-6) The act of preventing a woman in engaging in a any legitimate profession, occupation, business or activity or controlling the victims own money or properties or solely controlling the victims own money or properties or solely controlling the conjugal or common money, or properties constitutes a violation of the law. It is punishable by prision correccional. [when there are no valid, serious or moral grounds]

Notes compiled by The Law Chic. Taken from The Family Code of the Philippines Annotated by Pineda (2008 ed.)

5.)Family code of Philippines

6.)Civil code of the Philippines