Chap 4.5 Flashcards
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.
Marriage
Under the ___________, 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
Family Code
“In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of 18 and 21, they shall, in addition to the
requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons
having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license,
and the affidavit, if one is executed instead, shall be attached to said applications”
Article 14 of the Family Code of the Philippines
“The administration and enjoyment of the community property shall belong to both spouses jointly. In case of
disagreement, the husband’s decision shall prevail,
subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.”
Article 96 of the Family Code
of the Philippines
________________ is a legal term used in some jurisdictions to describe real or personal property acquired by any of the parties during marriage. It can includereal estate, personal
property, investments, and even earnings from employment.
Conjugal Property
“The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision”
Article 124 of the Family Code
of the Philippines
“The father and the mother shall jointly exercise parental
authority over the persons of their common children. In case of disagreement, the father’s decision shall prevail,
unless there is a judicial order to the contrary”
Article 211 of the Family
Code of the Philippines
“The father and the mother shall jointly exercise
legal guardianship over the property of the
un-emancipated common child without the
necessity of a court appointment. In case of
disagreement, the father’s decision shall
prevail, unless there is a judicial order to
the contrary”
Article 225 of the Family
Code of the Philippines
________________ child means any son, daughter, stepson
or stepdaughter, under age eighteen, unmarried and
living in the household of the reporting individual.
Unemancipated
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)
Gender equality issues on night work prohibition (Article 130 of the Labor Code)
Disputable presumptions (Rule 131, Section 3 jj of the Rules of Court)
and the Removal of criminal liability for rapists under RA 8353
involves a wife who
engages into sexual
intercourse with a man
not her husband.
Crime of Adultery
The penalty of
imprisonment is
imposable on paramour
in _________
adultery
Crime of
Concubinage
involves a husband
who has:
sexual intercourse
with a woman not
his wife under
scandalous
circumstances
cohabitating with
another woman in
another dwelling.
• The penalty of
destierro or
banishment falls on
all concubine
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.”
Forgiveness Clause in the Crime of Rape
(RA 8353 or the Anti-Rape Law)
Gender equality issues on night work prohibition
(Article 130 of the Labor Code requires that certain facilities are required to be provided for women to ensure their safety and health)
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