Chapter IV.

Marriage and Family

Marriage (Matrimony/Wedlock)

▪ Is 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 whose nature, consequences, and incidents are governed by law and not subject to stipulation,
except that marriage settlements may fix the property relations during the marriage within the limits provided
by this Code (Art. 1, E.O. 209).
▪ Is a social union of legal contract between individuals that usually intimate and sexual, are acknowledged by
a variety of ways depending on the culture or demographic.
▪ Is a socially or ritually recognized union between spouses that establishes rights and obligations between
those spouses, as well as between them and any resulting biological or adopted children and affinity.
▪ According to Confucius, “marriage is the union of two different surnames, in friendship and in love, in order to
continue the posterity of the former sages, and to furnish those who shall preside at the sacrifices to heaven
and earth, at those in the ancestral temple, and at those at the altars to the spirits of the land and grain.”
▪ Philosopher, historian and literary essayist Thomas De Quincey defined marriage as “a union between two
persons, who live in harmony so absolute with each other, as to be independent of the world outside”.

Forms of Marriage

1. Monogamy this refers to the marriage of one male and one female. It is a form of marriage in which an
individual has only one spouse during their lifetime or at any one time.
2. Polygamy this refers to the marriage between one person of one sex and a minimum of two persons of the
other sex. It is a marriage which includes more than two partners.
Types of Polygamy
a. Polyandry it refers to the marriage of one woman to two or more men.
b. Polygyny it refers to the marriage of one man to two or more women.
c. Plural Marriage refers to Group Marriage (also known Multilateral Marriage) is a form of
polyamory in which more than two persons form a family unit, with all the members of the group
marriage being considered to be married to all the other members of the group marriage, and all
members of the marriage share parental responsibility for any children arising from the marriage.

Kinds of Marriage

1. Adoptive Marriage a kind of m arriage in which a family who does not have a son and in order to preserve
their surname requests the prospective son-in-law to adopt the family name of the bride’s parents before
marriage.
2. Sororate Marriage this is called sister-in-law marriage where a man remarries his deceased wife’s sister.
3. Levirate Marriage a woman who remarries the brother of her deceased husband.
4. Ghost Marriage it is similar to levirate marriage. The children become the “sired” by the dead husband. This
means that the second husband or the brother is only a “surrogate” or who substituted for his brother.
5. Endogamy Marriage a form of marriage practice in some tribes that an individual should marry from a
member of one’s clan or ethnic group. However, the parents may direct that marriage may be extended to
the religious group or social class.
6. Exogamy Marriage the marriage which prescribes that one marries outside of one’s clan or ethnic group.

Residence for Marriage

1. Neolocal Residence the couple will live in a new house (Own Residence).
2. Patrilocal Residence/ Virilocal Residence the newlyweds live (moves) to the husband`s parents.
3. Matrilocal Residence/ Uxorilocal Residence the newlyweds live or move with the wife’s parents’
residence.
4. Bilocal Residence when the newlyweds shift or transfer residence from matrilocal to patrilocal residence or
vice versa.

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Legal Forms of Marriages

1. Valid Marriage when all the essential and formal requisites of a marriage are present.
Essential Requirements:
a. Legal capacity of contracting parties who must be a male and a female (of legal age);
Between 18 to 21 - Parental Consent
Between 21 to 25 - Parental Advice
b. Consent freely given in the presence of the solemnizing officer.
Formal Requisites:
▪ Authority of the solemnizing officer;
▪ Marriage license; and
▪ Marriage ceremony.
2. Null and Void marriage (Void ab initio) lack of any essential or formal elements.
Action: Petition for Declaration of Nullity of Marriage
3. Voidable when there is a defect in any of the two essential requisites of a valid marriage.
Action: Petition for Annulment of Marriage
4. Annulment it dissolves a marriage. It allows parties to remarry.
5. Legal Separation is separation from bed and board.

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, and shall be deemed automatically cancelled at the expiration of said period if the
contracting parties have not made use of it.

The following cases are exception from having a license:

▪ Marriage in articulo mortis.

▪ Marriage in remote places.
▪ Marriage of people who have previously cohabited for at least 5 years.
▪ Marriages between pagans or Muslims, who live in Non-Christian provinces, and who are married in
accordance with their customs.

Family

▪ the first and most basic institution of society responsible for developing a child’s potential in all its aspects like
physical, emotional, spiritual, moral, intellectual and social.
▪ molds the child to learn to curb his desires and to accept rules that define the time, place and circumstances
under which highly personal needs may be satisfied in socially acceptable ways.

Types of Family as to Power Control

1. Patriarchal the father controls and holds the decision making in the family.
2. Matriarchal the mother controls and acts as the decision maker in the family.
3. Egalitarian the father and the mother share similar and equal roles in the family both in control and decision
making.

Types of Family Structure

1. Nuclear Family consists of father, mother and children.

2. Extended Family consists of father, mother, children, grandparents, uncles and aunts, cousins, nephews
and nieces, and in-laws.
3. Blended Family mixing of two families brought by divorce or remarriage.

Types of Parents as to Modes of Parenting:

1. Authoritative Parents warm and responsive, clear rules, high expectations, supportive and value
independence. Children tends to have higher academic performance, more self-esteem, better social skills,
less mental illness and lower delinquency.
2. Authoritarian Parents less warmth and nurturing, high expectations but low responsiveness and mistakes
are punished harshly and expect blind obedience. A child tends to have lower academic performance, low
self-esteem, poorer social skills, mental illness, drug and alcohol abuse and delinquency.

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 3. Indulgent or Permissive Parents warm and responsive, few or no rules, indulgent, lenient. Children may
be having impulsive behavior, egocentric, poorer social skills and problematic relationships.
4. Indifferent or Neglectful Parents cold and unresponsive, no rules, uninvolved, indifferent. Children can be
impulsive, cannot self-regulate emotions, encounter more delinquency and addiction problems and may have
more mental issues like suicidal behavior.

Ideally, a home must have the following:

▪ Structural completeness presence of both father and mother.

▪ Economic security capability to provide for the basic needs and wants.
▪ Cultural conformity typical family beliefs and practices.
▪ Moral conformity moral uprightness, Christian way of living.
▪ Physical and psychological normalcy
▪ Emotional adequacy affection, support, love and care between faculty members.

Factors in home life that may cause delinquency

▪ Faulty development of the child

▪ Lack of parental guidance
▪ Parental rejection
▪ Broken homes
▪ Lack of love
▪ Unfair treatment
▪ Too harsh discipline by either or both parents
▪ Too much leniency by either or both parents
▪ Unfavorable parental example

School considered the second home of a child, with teachers as the second parents institution responsible for the
training of young person’s intellectual, moral, as well as social skills which they need for them to grow up as
productive, law-abiding and responsible citizens.

Instances of deviant conduct attributed to school inadequacy

▪ Failure of teachers to detect and address problems of children and report such problems to the parents.
▪ Poor academic atmosphere.
▪ Membership in school gangs or development of friendships with the wrong crowd.
▪ Lack of facilities for curricular and extra-curricular activities.
▪ Failure of teachers in character development of the students.
▪ Failure to actually finish school, resulting to being out-of-school youths with a lot of time to waste and do
unproductive activities.
▪ Failure to get gainful employment due to lack of sufficient education.

Educational Problems

▪ Truancy frequent, unreasonable absenteeism from school; being out of school without permission for 20
days or more.
▪ Dropping Out leaving the school before completing the required program of education.
▪ Underachievers those who fail to meet expected levels of school achievement.
▪ School Failure failing to achieve success in school can result in frustration, anger and reduced self-esteem,
which may contribute to delinquent behavior.

Environment the culture, norms and behavior of the child’s surroundings may very well influence the upbringing of
the child especially during their formative years and such misbehavior learned is likely to be carried on until the child’s
maturity.

Some of the behavior modification by means of imitation as brought about by environmental influence:

▪ Rampant drug addiction.

▪ Vices such as gambling and drinking alcoholic beverages.
▪ Association with criminal groups or gangs.
▪ Too much exposure to sex and violence in movies, television, print and internet.

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Peers and Delinquency

Adolescent Peer Relations although parents are the primary source of influence and attention in children’s early
years, adolescents seek out a stable peer group and both the number and the variety of friendships increase.

▪ Cliques small groups of friends who share intimate knowledge and confidences
▪ Crowd loosely organized groups who share interests and activities
▪ Controversial Status Youth aggressive kids who either liked or intensely disliked by their peers and who
are the ones most likely to become engaged in anti-social behavior
▪ Gang groups of youths who collectively engage in delinquent behaviors. Groups of young people whose
members meet together with some regularity, on the basis of group-defined criteria of membership and group
defined organizational characteristics (James Short) An interstitial group originally formed spontaneously and
then integrated through conflict. (Frederick Thrasher)
▪ Graffiti inscriptions or drawings made on a wall or structure & used by delinquents for gang messages and
turf definition.
▪ Posting a system of positions, facial expressions & body language used by gang members to convey a
message
▪ Representing tossing or flashing gang signs in the presence of rivals, often escalating into a verbal or
physical confrontation.

Parental Authority (Patria Potestas)

▪ the sum total of the rights of the parents over the person and property of their child.
▪ the exercise of which has no distinction between a legitimate and an illegitimate child.
▪ the father and the mother shall exercise jointly just and reasonable parental authority and
responsibility over their legitimate or adopted children.
▪ in case of death of either parent, the surviving parent shall exercise sole parental authority.
▪ in case of disagreement, the father’s decision shall prevail unless there is a judicial order to the contrary

Parental Responsibility the sum total of the duties and obligations of parents over their minor children.
Liabilities of Parents are parents and guardians are responsible for the damage or injury caused by the child under
their parental authority.
Legal Custody in case of separation of parents, no child under SEVEN (7) YEARS OF AGE shall be separated from
his mother unless the court decides otherwise.
Guardianship a trust relation of the most sacred character, in which one person, called a guardian, acts for another,
called a ward, regarded as incapable of managing his own affairs.

Substitute Parental Authority in case of absence or death of both parents, substitute parental authority shall be
given to the following, in order of priority:
▪ grandparents
▪ oldest brother or sister at least 21 years of age
▪ relative who has actual custody of the child/guardian duly appointed by the court

Commencement of Civil Personality the CIVIL PERSONALITY of the child shall commence from the MOMENT
OF CONCEPTION

Conception
▪ the start of life
▪ the union of the sperm cell and the egg cell
▪ also called the process of fertilization

Civil Personality
▪ pertains to the identity and recognition of an individual as person having rights
▪ shall commence from the moment of conception, thus all children shall have the right to be born and the right
to live

Abortion the expulsion of the fetus from the mother’s womb.

Kinds of Abortion

1. Criminal Abortion
▪ classified as intentional or unintentional as provided by the Revised Penal Code

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 ▪ punishable by law
2. Therapeutic Abortion
▪ recommended and performed by a certified physician when there are health risks and complications
▪ not punishable by law

Abortion (Article 256-257)

1. Intentional Abortion (Article 256) any person who shall intentionally cause an abortion.

Elements:
a. That there is a pregnant woman.
b. That violence is exerted, or drugs or beverages administered, or that the accused otherwise
acts upon such pregnant women.
c. That as a result of the use of violence or drugs or beverages upon her, or any other act of
the accused, the fetus dies, either in the womb or after having been expelled therefrom.
d. That the abortion is intended.

Penalty:
a. The penalty of Reclusion Temporal (12 years and 1 day to 20 years), if he shall use any
violence upon the person of the pregnant woman.
b. The penalty of Prision Mayor (6 years and 1 day to 12 years) if, without using violence, he
shall act without the consent of the woman.
c. The penalty of Prision Correccional (6 months and 1 day to 6 years) in its medium and
maximum periods, if the woman shall have consented.

2. Unintentional Abortion (Article 257) any person who shall cause an abortion by violence, but
unintentionally.

Elements:
a. That there is a pregnant woman.
b. That violence is used upon such pregnant woman without intending an abortion.
c. That the violence is intentionally exerted.
d. That as a result of the violence that fetus dies, either in the womb or after having been
expelled therefrom.

Notes:

▪ Unintentional abortion can also be committed through negligence.

▪ The accused can only be held liable if he knew that the woman was pregnant.
▪ If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257
does not apply.

Penalty: The penalty of Prision Correccional (6 months and 1 day to 6 years) in its minimum and
medium period shall be imposed.

3. Abortion practiced by the woman herself of by her parents (Article 258) this is committed by a woman
who shall practice an abortion upon herself or shall consent that any other person should do so.

Elements:

a. That there is a pregnant woman who has suffered an abortion.

b. That the abortion is intended.
c. That the abortion is caused by
▪ the pregnant woman herself
▪ any other person, with her consent, or
▪ any of her parents, with her consent for the purpose of concealing her dishonor.

Notes:

▪ Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor.
However, there is no litigation for the parents of the pregnant women even if their purpose is
to conceal their daughter’s dishonor
▪ In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of
their daughter. This is not so for art 258

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 Penalty:
▪ Any woman who shall practice abortion upon herself or shall consent that any other person
should do so;
▪ Any woman who shall commit this offense to conceal her dishonor; and
▪ If this crime be committed by the parents of the pregnant woman or either of them, and they
act with the consent of said woman for the purpose of concealing her dishonor, the offenders
shall suffer the penalty of Prision Correccional (6 months and 1 day to 6 years) in its
medium and maximum periods.

4. Abortion practiced by a physician or midwife and dispensing of abortive (Art. 260) committed by a
doctor or physician who shall cause an abortion or assist in causing the same. Also, a pharmacist who without
proper prescription from a physician shall dispense any abortive.

Elements:
▪ That there is a pregnant woman who has suffered an abortion.
▪ That the abortion is intended.
▪ That the offender, who must be a physician or midwife, causes or assists in causing the
abortion.
▪ That said physician or midwife takes advantage of his or her scientific knowledge or skill.

Notes:
▪ It is not necessary that the pharmacist knew that the abortive would be used to cause
abortion. What is punished is the act of dispensing an abortive without the proper
prescription. It is not necessary that the abortive be actually used.
▪ If the pharmacist knew that the abortive would be used to cause abortion and abortion
results, he is liable as an accomplice

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 Chapter V. Child Abuse and Parenting

Evolution of the name given to children who have violated the law
Minor
A minor of either sex, under sixteen years of age at the date of the
Delinquent 1932
commission of a grave or less grave felony.
RPC, Art 80
Youthful
Is one who is over nine years but under twenty-one years of age at the
Offender 1974
time of the commission of the offense.
PD 603
Youthful A child, minor or youth, including one who have had emancipated in
Offender accordance with law who is over nine years but under eighteen years of 1977
PD 1179 age at the time of the commission of the offense
Youthful
A child, minor or youth, who is over nine years but under eighteen years of
Offender 1989
age at the time of the commission of the offense.
RA 6809
CICL A child who is alleged as, accused of, or adjudged as, having committed an
2006
RA 9344 offense under Philippine laws.

MINOR YOUTHFUL YOUTHFUL YOUTHFUL CHILDRE CHILDRE

DELINQU- OFFENDER OFFENDER OFFENDER N IN N IN
ENTS CONFLICT CONFLICT
WITH WITH THE
THE LAW LAW

RPC, Art. 80 PD 603 PD1179 RA 6809 RA 9344 RA 10630

Dec. 8, 1930 Dec. 10, Aug. 15, Dec. 13, April 28, Oct 03,
Jan 1, 1932 1974 1977 1989 2006 2013
18 years 18 years
16 years and 21 years old 18 years old 18 years old
Criminally Liable old and old and
above and above and above and above
above above

Criminally
15 yrs. and 15 yrs. and
liable 9 yrs. and 1 9 yrs. and 1 9 yrs. and 1
1 day but 1 day but
(who acted Under 16 yrs. day but day but day but
under 18 under 18
with under 21 yrs. under 18 yrs. under 18 yrs.
yrs. yrs.
discernment)
Conditional
(EXEMPTING
CIRCUMSTA- 15 yrs. and 15 yrs. and
Exempted 9 yrs. and 1 9 yrs. and 1 9 yrs. and 1
NCES) 1 day but 1 day but
(acted without day but day but day but
9 yrs. and 1 under 18 under 18
discernment) under 15 yrs. under 15 yrs. under 15 yrs.
day but yrs. yrs.
Under 15 yrs.

12 years to
(EXEPTING 15 years
Exempted CIRCUMSTA 9 yrs. and 9 yrs. and 9 yrs. and 15 yrs. and
(from criminal liability) NCES) below below below below
Below 9 yrs.
Below 12

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 Major Changes made by RA 10630

1. A child who is above 12 years of age up to 15 years of age and who commits:
a. parricide
b. murder
c. infanticide
d. kidnapping
e. serious illegal detention where the victim is killed or raped
f. robbery, with homicide or rape
g. destructive arson
h. rape
i. carnapping where the driver or occupant is killed or raped
j. offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by
more than 12 years of imprisonment,
Shall be deemed a neglected child under Presidential Decree No. 603, as amended and the child shall be
mandatorily placed in a special facility within the youth care faculty or Bahay Pag-Asa called Intensive
Juvenile Intervention and Support Center.

2. Bahay Pag-Asa – refers to a 24-hour child-caring institution, providing short-term residential care for children
in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
3. Moreover, repeat offenders (children who have committed crimes more than three times) would also be
considered as neglected children and, as such, must undergo intervention programs supervised by the
local social welfare and development officers.
4. The law would impose the maximum penalty for those who exploit children such as syndicates, for the
commission of criminal offenses.

Republic Act 7610

Pres. Corazon C. Aquino
“SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT”
June 17, 1992

Child abuse refers to the maltreatment, whether habitual or not, of the child which includes any of the fallowing:

▪ Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
▪ Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of the child as
a human being;
▪ Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
▪ Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth
and development or in his permanent incapacity or death.

Child Trafficking any person who shall engage in trading and dealing with children including, but not limited to the
act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the
victim is under twelve years of age.

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 Categories of Children

Dependent Is one who is without a parent, guardian or custodian; or one whose parents, guardian or
child other custodian for good cause desires to be relieved of his care and custody; and is
dependent upon the public for support.

Abandoned Is one who has no proper parental care or guardianship, or whose parents or guardians
child have deserted him for a period of at least six continuous months.

Neglected Is one whose Physical neglect

child basic needs • when the child is malnourished, ill clad and without proper
have been shelter.
deliberately
unattended or Emotional neglect
inadequately • when children are maltreated, raped or seduced;
attended. • when children are exploited, overworked or made to work
under conditions not conducive to good health;
• or are made to beg in the streets or public places, or when
children are in mortal danger, or exposed to gambling,
prostitution and other vices.

Mentally • socially Custodial Group

Retarded incompetent, • IQs‘ 25
Child that is, socially • severely or profoundly retarded, the least capable group
inadequate and
occupationally Trainable Group
incompetent and • I.Q.s from about 25 to about 50;
unable to • mental level and rate of development which is 1/4 to 1/2 that of
manage their the average child
own affairs; • is unable to acquire higher academic skills, but can usually acquire
• mentally the basic skills for living to a reasonable degree
subnormal; • Can attain a primary grade level of education if he receives
• retarded effective instruction.
intellectually
Educable Group
from birth or
• I.Q. ranges from about 50 to about 75
early age;
• intellectual development is approximately 1/2 to 3/4 of that
• retarded at
expected of a normal child of the same chronological age
maturity;
• may reach 5th or 6th grade educational level and can develop
• mentally
occupational skills which may result in partial or complete economic
deficient as a
independence in adulthood.
result of
constitutional Borderline or Low Normal Group
origin, through • I.Q.s from about 75 to about 89
hereditary or • only slightly retarded and they can usually get by in regular classes
disease, and if they receive some extra help, guidance and consideration
• essentially
incurable.

those who are crippled, deaf-mute, blind, or otherwise defective

Physically Handicapped Children
which restricts their means of action on communication with others.

although not afflicted with insanity or mental defect, are unable to

Emotionally Disturbed Children maintain normal social relations with others and the community in
general due to emotional problems or complexes.

those with any behavioral disorder, whether functional or organic,

Mentally Ill Children which is of such a degree of severity as to require professional help
or hospitalization.

AFE 25
 is an infant found by others abandoned and exposed, without a
Foundlings
known parent or person having custody or charge of it.

one who is over nine years but under twenty-one years of age at the
Youthful Offender time of the commission of the offense.
(Based on the unamended provision of PD 603)

Salient Features of PD 603

Child The case will Undergo suspension Behaves properly Dismissal of case
committed a be processed of sentence (DSWD)
crime in court and if (dismissal will not affect
found guilty… (if the person has the civil liability)
not yet reach 21)
Incorrigible Serve sentence in prison

Salient Feature of RA 9344

Definition of terms:
Child - refers to a person under the age of eighteen (18) years.
Child at Risk - refers to a child who is vulnerable to and at the risk of committing criminal offenses because of
personal, family and social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be
found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.

Child in Conflict with the Law - refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.

Diversion Program - refers to the program that the child in conflict with the law is required to undergo after
he/she is found responsible for an offense without resorting to formal court proceedings.

Initial Contact With-the Child - refers to the apprehension or taking into custody of a child in conflict with the
law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict
with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or
summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in conflict with the law under
immediate custody.

Intervention - refers to a series of activities which are designed to address issues that caused the child to
commit an offense. It may take the form of an individualized treatment program which may include counseling,
skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social
well-being.

Offenses Not Applicable to Children (shall undergo appropriate counseling and treatment program)
1. vagrancy and prostitution under Section 202 of the Revised Penal Code
2. mendicancy under Presidential Decree No. 1563
3. sniffing of rugby under Presidential Decree No. 1619

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