Víctima o Lesionado

Laws that governed family life also strongly influence family patterns. Family relationships can be altered by laws. For instance, a law which declares that the husband and the wife are jointly responsible for the support of the family may motivate wives to engage in paid employment. In this case, it will be necessary for the husband to share the burden of household and parenting tasks with his working wife. This section is devoted to a brief discussion of laws related to the family in the Philippines from Pre-Spanish period to the present.

1.5.1. The Pre-Spanish period a. On marriage and divorce

The parents of the prospective husband and wife arranged the union, and this was done in some cases before the birth of the children, the consummation of the marriage being dependent upon the right sex of the child. The giving of dowry to the bride was practiced, and very often, it was made a condition of the marriage that the groom should serve the parents of the bride in their home for months or even years before the actual marriage (Gamboa, 1939: 61). Damages were imposed for breach of promise to marry, the value of which may depend on the property owned (Gamboa,

1939: 62)

Divorce was easy. A woman could obtain a divorce in order that she might remarry, by simply returning the dowry to the man or his parents with an additional amount equal to the dowry. If she did not remarry, only the dowry was returned. If it was the husband who asked for the separation, he lost half of the dowry, the other half being kept by him. If the couple had children at the time of the divorce, the whole dowry and fine went to the children and was held in trust for them by the grandparents or other responsible relatives (Gamboa, 1939: 62-63).

b. On property rights

The properties that the husband and wife acquired together were divided equally; each one disposed of his or her part. If they had farms of which his or her spouse did not know or had no share, these properties belonged to him or her alone (Romualdez, 1915: 163).

c. Paternity and filiation

Parents and child had a strong and close relationship. The respect of children towards their parents was such that they did not dare to pronounce the names of their parents, in the same way that the Hebrews did not dare to pronounce God's name. It was a positive and strict obligation of the child to respect and obey his or her parents (Romualdez, 1915: 163).

1.5.2. The Spanish period (1521-1896)

The Spanish introduced a system of laws which were not based on the customs and usages of the people. The laws and codes of Spain were extended to the Philippines either expressly by royal decree or by implication and by the issuance of special laws for the islands. The Spanish Code of Laws had the effect of confining the woman inside the home. She was forbidden the right to transact business without the legal sanction of her husband, or even to dispose of her own paraphernalia (Aleta et al., 1977: 14).

1.5.3. The American period up to the New Republic

The transfer by Spain of the sovereignty over the Philippines to the United States did not alter the laws governing family life, except for having instituted civil marriage which until that time was not recognised in the Philippines (General Order No. 68). The Spanish Civil Code, being of a non-political nature, was allowed to continue, until the establishment of the Republic. Soon after, on 20 March 1947, President Roxas issued Executive Order No. 48 calling for the framing of the Philippine Civil Code. The draft was submitted to the Philippine Congress as House Bill No. 2118, enacted as Republic Act No. 386 on 18 June 1949, and took effect on 30 August 1950. In its report the Code Commission mentioned that 57 per cent of the 2,270

articles of the new Civil Code are derived either by verbatim translation or by adaptation from the Spanish Code (Balane, 1979: 43).

a. Marriage law

The Civil Code states that any male who is at least 16 years of age, and any female who is at least 14 years of age, and not under any of the legal impediments specified in the Civil Code, may contract marriage. Marriages contracted below the age of consent are void from the beginning. Children conceived or born of marriages which are void from the beginning are illegitimate, but have the same status, rights and obligations as acknowledged natural children (Sison and Feliciano, 1978: 303-304).

Plural marriage is prohibited and no divorce may be obtained except among Muslims under special provision of law. Likewise incestuous marriages are void from the beginning. A widow commits a crime if she remarries before the lapse of 300 days from the death of the husband, unless in the meantime she has given birth (Sison and Feliciano, 1978: 304).

The following are among the rights and obligations of the husband and wife: (1) the spouses are obliged to live together, observe mutual respect and fidelity, and render mutual help and support; (2) the husband fixes the residence of the family but the court may exempt the wife from living with the husband if he should live abroad unless in the service of the government; (3) the husband is responsible for the support of the wife and the rest of the family; (4) the husband is the administrator of the conjugal property; (5) the wife manages the affairs of the household; and (6) the wife cannot, without the husband's consent, acquire any property by gratuitous title except from relatives within fourth degree (Sison and Feliciano, 1978: 304).

b. Legal separation

The Civil Code does not sanction absolute divorce. However, it permits the so- called legal separation. The grounds for granting legal separation are as follows: (1) adultery on the part of the wife, and concubinage on the part of the husband; and (2) an attempt by one spouse against the life of the other. Legal separation may be claimed

only by the innocent spouse. The spouses granted legal separation are entitled to live separately, but neither of them can remarry during the lifetime of the other (Sison and Feliciano, 1978: 304-305).

c. Child welfare and education

Statutes protecting children are found in the Civil Code, the Revised Penal Code, labour laws, and the Child and Youth Welfare Code. The Child and Youth Welfare Code directs that every effort should be exerted to promote the welfare of the child and to enhance his or her opportunities for a useful and happy life. Children are accorded equal rights, irrespective of legitimacy, sex, social status, religion, political antecedents and other factors (Sison and Feliciano, 1978: 305).

The Education Act of 1940 and the Child and Youth Welfare Code make it compulsory for every parent or guardian or any person having custody of the child to provide him or her with at least an elementary education. Article 144 of the Labor Code specifies that if a domestic helper is under 16 years of age, the employer shalj give him or her an opportunity to complete at least an elementary education (Sison and Feliciano,

1978: 307).

d. Inheritance law

Succession of property, rights and obligations of a decedent to another or others may be effected either by the testator's will (testamentary) or by operation of law (legal or intestate). That part of the testator's property which he or she cannot dispose of because the law has reserved it for compulsory heirs is known as legitime. No distinction is made between male and female heirs. The compulsory heirs entitled to the legitime are: (1) legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) the widow or widower; (4) acknowledged natural children, and natural children by legal fiction; and (5) other illegitimate children (Sison and Feliciano, 1978: 306-307).

1.5.4. The Family Code

The Family Code of the Philippines was signed by President Corazon Aquino as Executive No. 209 on 6 July 1987 and took effect on 3 August 1988. The main goal was to bring the provisions of the Code on marriage and family relations closer to the Filipino customs, values and ideals and reflect contemporary trends and ideals (Executive Order 209) (Rodriguez, 1992). The modifications in the provisions concerning marriage and the rights and obligations between husband and wife advocate equality of both men and women in family relations and also in property relations, and some of these are summarised as follows:

* The age of consent to marry is raised to 18 years for both male and female (Article 5).

* The husband and wife shall fix the family domicile (Article 69).

* The spouses are jointly responsible for the support of the family (Article 70).

* The management of the household shall be the right and duty of both spouses (Article 71).

* The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the decision of the husband shall prevail, subject to recourse to the court by the wife for proper remedy (Article 96). Community property consists of all property owned by the spouses at the time of marriage or acquired thereafter (Article 91).

* Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious and moral grounds (Article 73).

As grounds for legal separation, the Family Code has added such reasons as physical violence, drug addiction, and habitual alcoholism as it seeks to end the physical and psychological ordeal of battered women who are helpless against their aberrant husbands. Other grounds added include homosexuality, abandonment, and bigamy (Article 55). Annulment of marriage can now be granted on the ground of psychological incapacity to comply with marital obligations, if such incapacity becomes manifest only after marriage (Article 36). According to Medina (1991: 246), the provision of more grounds for annulment of marriage and legal separation could indicate an increased tolerance of marital separation and would tend to ease what used to be a very strong social pressure to keep the marriage intact.