CHAPTER I
INTRODUCTION
In all known peoples-contemporary, historical, prehistorically
human societies have regulated the relations between the sexes
through some type of marriage. Thus marriage is an ancient,
venerable and universal institution. It changes slowly, but it does
change. As it changes, elements of the old are carried along as new
elements develop. On the one hand, it produces problems. Marriage
in modern America exhibits both old and new elements. Some of the
reasons for which present-day Americans marry for example, division
of labor by sex – are ancientas marriage itself. Other reasons – for
example, a romantic love – are relatively new arrivals on the cultural
scene. As new reasons for marriage emerge in the process of cultural
change, new questions arise: What should the rules of the sexes be?
What is meant by love and how it can be recognized? At what level of
maturity are young people ready for marriage? What is involved in
the choice of marriage partner? It is possible to prepare for marriage?
If so, how? What is successful marriage and how it may achieve? In
order to answer such questions, marriage must be analyzed in the
light of certain underlying factors, which may be considered the
background of marriage.
Marriage, the legally recognized union of a man and a woman.
Marriage is also the act of ceremony by which man and woman
become husband and wife. Matrimony and wedlock are other terms
for the marital relationship; wedding and nuptials refer to the
marriage ceremony. Spouse and mare are common terms for a
husband or a wife.
Marriage is both a social institution and a legal contract and is
the basis of the family. It may also be a religious contract, and in
the Roman Catholic and some other Christian churches it is a
sacrament. Marriage is generally intended to be a lifelong
commitment, and in taking their vows a man and woman
acknowledge this commitment.
Traditionally, marriage has been for the purpose of founding
and maintaining a home and family. Men and women also marry for
a number of other reasons, however. Most frequently they marry for
love, which may be based on physical attraction and on such
qualities as devotion, tenderness, and compatibility. Most couples
seek companionship in marriage, but some contract a marriage of
convenience for social, political, or economic advantage.
Marriage is regulated both by laws and by social restrictions.
Such regulations prohibit marriage between some persons and
define the rights and obligations of husband and wife, including
property rights and inheritance. Marriage usually cannot be
terminated simply by agreement between the two parties, but only
by court through divorce, which dissolves the relationship, or
annulment, which invalidates it.
A. IMPORTANCE OR SIGNIFICANCE OF THE STUDY.
Today, marriage is actually better than it was before. Marriage
defines as a special contract of permanent union between a man
and a woman entered into in accordance with the law for
establishment of conjugal and family life. But some couples do not
know what is already meant by the term itself. As years go by, this
study will provide information about the legality of marriage.
B. SCOPE AND LIMITATION OF THE STUDY.
This research will discuss the nature of marriage, legal
requirements for marriage, purpose of marriage, forms, sanctity and
indissolubility of marriage.
C. OBJECTIVES.
1) To determine how marriage affects the society or social
institution.
2) To know what governs in the property relationship of a
married couple during their marriage.
3) To determine when marriage become legal in accordance with
the law.
D. DEFINITION OF TERMS.
1) Legality – the condition of being legal
- distinctive of the legal profession
2) Marriage – is a permanent bond between one man and one
woman for the purpose of bearing and rearing
children.
3) Wedding – the ceremony of a marriage with the attendant
nuptial festivities.
4) Matrimony – the union of a man and a woman in marriage.
5) Wife – a woman joined to a woman in lawful wedlock.
6) Husband – a married man
- a man with a wife
7) Wedlock – the ceremony of marriage, or state of being
married.
8) Group marriage – involves the marriage of several men to
several women without differential ties binding any
single couple.
9) Polyandry – refers to the marriage of one woman to several
men.
10) Polygyny – is the marriage of one man to several
women, a form which is quite common throughout
the world.
11) Monogamy – is the marriage of one man and one
woman. It is the only variety of marriage recognized
in every society and is the most widely practiced of
all the marital forms.
12) Adoptive marriage – when they get married, there is
no need for the bride to change her surname.
13) Sister exchange – this form of marriage is prevalent
in some agricultural areas where every member of
the family must be a farm helper.
14) Bride capture – is in itself considered a part of the
marriage ritual.
15) Successful marriage – is a dynamic, growing
relationship in which the personalities of both
partners continue to develop.
CHAPTER II
REVIEW OF RELATED LITERATURE
Marriage is a moral and legal contract between a man and a
woman. It is a moral contract because it is entered into by both
parties, giving free and voluntary consent. It is a legal contract
because it is solemnized in accordance with the law.
The legal requirements for marriage are: (1) contracting
parties must be a male and a female of legal age and (2) free and
voluntary consent must be expressed in the presence of the
solemnizing officer.
Marriage is a natural institution. Man is drawn to it by the
necessity of his natural nature. While marriage is not necessary in
order to beget children, it is necessary for the purpose of care and
training of children. The welfare of the children then is the primary
purpose of marriage. The secondary purpose of marriage is mutual
support and companionship. Marriage is a state where spouses
compliment each other. Love and concern for each other is the
foundation of a happy marriage. Without such love and appreciation
for each other, no man and woman can be together permanently.
Marriage is not simply a civil contract binding man and
woman to accomplish a task. It is the sanctified union of the souls of
the spouses. The sanctity of marriage derives from the holiness of
God who instituted it and
from the honest surrender of man’s will to the natural law of his
being. Indeed, man is directed by his nature to marriage without
however being compelled to enter it out of necessity. The freedom
of choice, even to enter marriage, belongs to the person.
The permanence of marriage is derived from its purpose. If
marriage were a temporary arrangement, the care and training of
children would not be attained fully. Thus, “broken homes”
contributes to juvenile delinquency. Furthermore, if marriage were
simply a temporary “live-in” arrangement, conjugal love is rendered
uncertain and anxious in the absence of a lasting commitment. In
this atmosphere of confused worry, no human being can develop
family in accordance with his dignity. The indissolubility of marriage
comes from natural law which demands that no one may use
another person for his own personal advantage.
The Family Code lists reciprocal rights and duties of couples in
the married state: (1) The husband and wife are obliged to live
together, observe mutual love, respect and fidelity, and render
mutual help and support (Art. 68). (2) The husband and wife shall fix
the family domicile. In case of disagreement, the court shall decide
(art. 69). (3) The spouses are jointly responsible for the support of
the family (Art. 70). (4) The spouses are jointly responsible for the
management of the household (Art. 71). (5) When one of the
spouses neglect his or her duties to the union of commits acts which
tend to bring danger, dishonor or injury to the other or to the
family, aggrieved part may apply to the court for relief (Art. 72). (6)
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. In case of
disagreement, the court shall decide (Art. 73).
The Family Code emphasizes the equality between man and
woman as persons and as conjugal partners. While as persons,
husband and wife are indeed equal, giving them equal powers and
responsibility in the management and in the support of the family
opposes the traditional Filipino concept of the man as padre de
familia, tasked with the legal and moral responsibility of supporting,
providing and caring for the welfare of the whole family. The
intrusion of the court in family life is noteworthy. It anticipates the
conflict that will arise inevitably in a situation where both parties
claim the same authority, thereby increasing the possibility of
disagreement and dissension. (1991, Ramon B. Agapay, Ethics and
the Filipino, pp. 175-181).
The law says that, at 21, a person attains the age of majority.
At that age, he can sign contracts of his own and do many other
things without the knowledge or consent of his parents. But in the
matter of getting married, the law tightens up a bit and requires
that, at the age of 21, a girl must still show proof that her parents
know about her plan to get married. It is only at 23 that she can go
ahead and get hitched without either the knowledge or consent of
the parents. For a man, the ceiling is two years higher. Thus, a man
can get married only at 25 without having to inform his parents
about it. (1981, Felix Bautista and Nena Bautista, 75 Questions on
Marriage and the Family, p. 60).
People marry for one of a number or reasons or for a
combination of several of them. Such reasons as love, economic
security, the desire for a home and children, emotional security,
parent’s wishes, escape from loneliness or from a parental home
situation, money companionship, sexual attraction, protection,
notoriety, social position and prestige, gratitude, pity, spite,
adventure, common interests are obvious. (1960, Henry A.
Brownman, Marriage for Moderns, p. 61).
Since marriage is a sacrament, it cannot be administered by a
minister or justice of the peace. In the eyes of the Catholic Church
such a ceremony, in the case of Catholics, is no marriage at all, a
fact that every non-Catholic marrying a Catholic should be aware of.
Furthermore, for a Catholic to go through such a ceremony means
excommunication, scarcely a propitious beginning for any Catholic
in Marriage. Despite the grandeur and sacredness of the Catholic
wedding ceremony, some Catholic couples appear to disregard the
Church’s stand in favor of secular or pagan customs which surround
marriage in modern society. (1952, John F. Kane, Marriage and the
Family, pp. 92-93).
There are some marriages where there is no unity of the flesh,
because the flesh has already been sated and dulled. Some
partners abandon passion only because passion has abandoned
them. But there are also marriages wherein, after a unity of the
flesh, couples have mutually pledged to God a sacrifice of the thrill
of unity in the flesh for the sake of the greater ecstasies of spirit.
Beyond both of these, there is a true marriage where the exercise
of the right to another’s body is annulled - and even the desire of it,
such is the marriage of two persons with a vow of virginity. It is one
thing to give up the pleasures of married life because one is jaded
with them and quite another to give up the pleasures before they
are ever experienced. (1957, John Chapin, A Treasury of Catholic
Reading, p. 407).
In European and American countries, marriage laws are
generally derived from ancient Roman law and from Judeo –
Christian traditions. Only monogamous marriage is recognized. The
persons to be married must be above the age of puberty and not
closely related by blood. (SEC, New Standard Encyclopedia, p. 153).
The institutional forms of marriage are highly variable since,
like kinship relationships in general, they are socially determined;
the forms in any given instance depend on a specific culture, its
demands, its proscriptions, and its permissiveness. The forms of
marriage are monogamy, polygyny, polyandry and group marriage.
(1967, Catholic University of America, New Catholic Encyclopedia, p.
258), (1984, Randall Stoke, Introduction to Sociology, p. 295).
All societies have certain rules of exogamy, which define for
the individual the people who are eligible mates. Endogamy
requires a person to marry someone within his or her own group.
Pressure to marry “within the faith” is an endogamous rule found in
many religious communities. Likewise, many ethnic groups require
a person to marry a member of the same ethnic community. This
rule may be so strictly enforced that anyone who breaks it will be
shunned. Exogamy requires a person to choose a mate from a
different group. The taboo against incest is the most obvious
example of an exogamous rule. It forbids one to mate with one’s
parents or siblings (and often aunts, cousins, and other kin). Many
societies define marriage any member of one’s own lineage as
incestuous. (1979, Spencer Metta, Foundation of Modern Sociology,
pp. 347-348).
Marriage is a formal commitment between a couple to
maintain a long-term relationship involving specific rights and
duties toward each other and toward their children. (1987, Rodney
Stark, Sociology 2nd Edition, p. 323).
Marriage is also a permanent union by which two individuals
enter into a permanent and unbreakable contract until death. It
involves strict rights and serious obligations requiring a highly
developed sense of responsibility. Marriage may become the source
of the greatest rewards and happiness of a person can attain in this
world or of the greatest misfortune. (1964, Fr. Alfredo Paniza, Ethics
or Moral Philosophy, p. 180).
It seems evident from the research findings that modern
couples want love, companionship, and self-fulfillment and that they
want to combine marriage, parenthood, and a career in achieving
these. But the kind of marriage that allows personal and vocational
fulfillment is radically different from traditional marriage concepts.
One way to understand the differences is to set up a hypothetical
contrast between one contemporary marital form, which will be
labeled here as new marriage, and another from referred to here as
traditional marriage. Neither of these forms exists in “pure” form.
The descriptions as given are hypothetical constructs only. For this
reason one cannot say that today’s marriage are “new” and those
of previous generations “traditional”. Elements of both forms
existed in previous generations just as elements of traditional
marriage exist today, especially in the more conservative cultures.
Most marriages are a blend of the two extremes: some marriages
are “newer”, some are more “traditional”, but the trend is toward
the new. (1979, Philip Rice, Marriage and Parenthood, p. 12).
Getting married in church, to the Christian world, is to be
married before the eyes of God. In the Philippines, where the
Catholic religion is predominant, a Catholic Church wedding is of
paramount importance to many families. Those whose marriages
have been declared void from the start and may wish to remarry
again in church, will be given what the church calls a “marriage in
conscience”. (1992, Brenda P. Tuazon, Manila Bulletin).
Majority of Filipinos, however still toe the traditional line and
get married in church with or without the assurance that “they will
leave happily ever after. “Getting married is easy. Staying happily
married for a lifetime should rank among the fine arts.” (2002,
Henry Lito D. Tacio, Daily Inquirer).
The Family Code of the Philippines states Article 1 that
marriage 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. But it states that marriage
settlements may fix the property relations during the marriage
within the limits provided by the code. On support, Article 70 states
that the spouses are jointly responsible for the support of the
family. The management of the household “shall be the right and
duty of both spouses” declares Article 71. When one the spouses
neglects his or her duties to the conjugal union, Article 72 states,
the aggrieved party may apply to the court for relief. Article 73
gives either spouse the right to exercise any legitimate profession,
occupation, business or activity without the consent of the other.
But the other may object on valid, serious and moral grounds, which
the court may decide. (1988, Louise G. Orendain, Mr. and Mrs.).
CHAPTER III
LEGALITY OF MARRIAGE
Marriage is the most intimate of all human interactions. It is a
very important change that could happen in a person’s life. For
most women, it is a dream come true to be swept off their feet by
their Prince Charming. But some go into it blindly and soon find out
the reality that married life is not always a bed of roses. While some
marriages thrive and prosper, not all are successful. Some
individuals come out of the relationship scared and bitter.
Marriage is not something that “comes naturally”. It is not the
product of inborn behavior patterns sometimes called “instincts”. It
is an institution. It is a cluster of customs and group habits, of
attitudes, ideas, and ideals, of social definitions and legal
restrictions. One of its focal points is the “sex instinct”, but
marriage is much more than that. It is much more than mating. If
marriage and mating were the same, there could no illegitimate
children.
Sex is natural and normal. Were there no sex, there would be
no marriage. It is this element is to be expected in marriage.
Therefore, a sexual element is to be expected in marriage. It is this
element that takes marriage different fro other enduring human
relationships. Sex is not the whole of marriage. It is basically
important, yet it is often overemphasized. Sex in marriage is not a
simple physical act, distinct in itself. It is one component of
complicated whole, ramifying through other elements, which in their
turn ramify through it, a thread of changing hue inextricably woven
into the warp and woof life.
Sex is also an issue in marriage. Today’s attitude towards sex
is vastly different. But the problem nowadays is that sex is oversold.
Many couples believe to ensure their sexual compatibility they must
try it out before marriage. But in reality, sex is only one of the
factors in marriage. Being compatible in bed does not mean you will
not encounter problems in your marriage.
In the analysis, people marry because marriage is the socially
accepted pattern through which they can most satisfactorily
achieve certain desired ends and satisfy certain innate or acquired
urges, some of which may be achieved or satisfied to a degree
without marriage. It is these desires and goals that may be thought
of as the reason for marriage.
One of the main reason people get married is that they have
needs they seek to satisfy. The most common needs that couples
seek to fulfill at least partially in marriage are the need for love,
companionship and intimacy, sexual satisfaction and fulfillment,
children, emotional security, status, esteem, recognition and
acceptance, financial security and money, physical help, labor and
services. Not only do people get married because they have positive
needs, but they marry as an avoidance mechanism and as a
reaction against persons and circumstances. Some of the more
important negative reasons for marriage are premarital pregnancy;
escape, to spite or hurt, to prove something, pity, gratitude, social,
pressure, to avoid the stigma of being single.
It is very true that married life is not for weak persons. Getting
married is probably the most important decision a man or a woman
will ever make. If you were to ask a group of married people why
they married, probably the majority of them would say, “Because
we were in love.” They “married for love”. No doubt they would be
at least partly correct. They did marry because they experience a
feeling that they interpreted as love. It is difficult, however, to state
with any great degree of precision just what feeling is.
Age has a major contribution in determining if the marriage
will work out or not. Those who marry during their teens have a
50/50 chance of making it work. But there is no ideal age for
marriage in the same way that there is no ideal age for entering
school or for voting or for anything. When can say, therefore, that
the ideal age for a man to marry would be when he is earning
enough to support a family; when he can set up a house for them to
live in, and when he can bounce back from any setback that may
arise when, for instance, he discovers that the woman he married is
not the paragon of perfection that he thought she was.
And the ideal age for a woman to get married is when she has
so completely severed herself from her mother’s apronstrings that
she can go out and cleave to her husband willingly and cheerfully,
ready to share her entire life with him, ready to leave father and
mother because she realizes and understands that her place is with
her husband.
Modern marriage is much harder with the different code that
husband and wife doesn’t interfere than is necessary in each other’s
affairs. Modern marriage is much harder in respect, because their
ways in partnership may easily result in disagreement and conflict.
One of the big changes of today is that so many wives go out to
work. How does affect their chances of happiness in marriage? It
has been observed that wives in professional positions or in top-
level jobs are on the whole happier than housewives. But wives in
clerical occupations were rather less happy, and those wives in
unskilled jobs decidedly less happy than those at home.
Some experts believe that marriage today is actually better
than it was before. But people have become more demanding.
When one falls short of expectations, the other immediately calls it
quits. They are usually very impatient of each other’s misgivings.
Hence, instead of trying to work things out, it is much easier to pack
the bags and leave.
Coming from a home environment where there is harmony,
peace and respect for one another builds up our own self-
confidence and personal security. If our parents at home are stable,
we no doubt have received love, attention and discipline, which will
enable us to meet the demands of marriage. We will be able to love
our partner because we love ourselves.
It is very important that you and your partner share deep
interests in things. “The more you have in common, the more solid
the foundation for a lasting union.” I am not referring to hobbies or
preference of music and food but rather a meaningful interest on
social issues, politics, education, sports and church activities. What
you have in common intellectually is also an important issue. In
most cases, the couple would fail to see the real reasons of their
constant disagreement. They would dispute trivial matters and are
unable to address the real source of the conflict. A great difference
can be critical if the woman is better educated than the man. This
can be ego defeating if the man has an insecure personality.
In the end, it is only the man and woman can work out their
personal differences in their union. Committing one’s self to
marriage means saying, “yes” to the person as the process of
growth and change. A marriage license will not solve problems.
When two people marry, it is a joining of two strengths and not a
merging of two weaknesses. So, it is important for the couple to
capitalize on these strengths and work as a team to be able to
weather the storm in their union.
It is one thing to give up the pleasures of married life because
one is jaded with them, and quite another to give up the pleasures
before they are ever experienced. Here the marriage is of the heart
and not of the flesh, it is a marriage such as the stars have, whose
lights unites in the atmosphere although the stars themselves do
not touch; a marriage like an orchestration, where a great melody is
produced but where one instrument is without contact with the
other. Such a marriage was actually the type of marriage, which
took place between the Blessed Mother and St. Joseph, one in which
the right to another was surrendered for the higher purpose. The
marriage bond does not necessarily imply carnal union. As St.
Augustine says: “The basis of married love is the attachment of
hearts.”
CHAPTER IV
SUMMARY
Marriage is a universal social institution that defines a mating
relationship for the founding of a family and binds it for the
protection and rearing of progeny. As an institution, it is a complex
of social norms governing the relationships of the mated pair, their
kinsmen, their offspring, and their society. It serves the culturally
defined needs of the family and other groups based on kinship, and
through them, the needs of the society in general: for marriage
enables a society to perpetuate itself both biologically and
culturally.
People marry for a combination of reasons: love, economic
and emotional security, the parent’s wishes, escape from loneliness
or an unhappy home situation, money, companionship, protection,
adventure or common interests. Sex or sexual attraction is the least
consideration, but marriage makes sexual intercourse legitimate. It
sanctions parenthood and provides a stable background for rearing
of children.
The new Family Code speaks of two aspects of marriage: as a
contract and as a status. As a contract, it applies to only a man and
a woman. It is permanent in contrast to other, ordinary contracts.
The law also prescribes penal and civic sanctions, like criminal
action, for adultery or concubinage, legal separation, or action for
support. Once the contact of marriage is valid, the status of being
married is created between parties.
The formal requisites of marriage are the authority of the
solemnizing officer, a valid marriage license, a marriage ceremony,
which takes place with the appearance of the contracting parties
before the solemnizing officer, and their personal declaration that
they take each other as husband and wife in the presence of not
less than two witnesses of legal age. Husband and wife are obliged
to live together, observe mutual love, respect, fidelity, and tender
mutual help and support.
BIBLIOGRAPHY
BOOKS
Agapay, Ramon B. Ethics and the Filipino. Metro Manila: National Bookstore Inc. 1991.
Bautista, Felix and Bautista Nena. 75 Questions on Marriage and the Family. Metro Manila: Mr. and Mrs. Publishing Company, 1981.
Brownman, Henry A. Marriage for Moderns. New York: McGraw-hill Book Company, Inc., 1960.
Catholic University of America. New Catholic Encyclopedia. USA: 1967.
Chapin, John. A Treasury of Catholic Reading. USA: Farrar, Straus, Cudahy Pub. Inc., 1957.
Kane, John J. Marriage and the Family. New York: The Dryden Press, 1952.
Metta, Spencer. Foundation of Modern Sociology. USA: Prentice Hall, Inc., 1979.
Panizo, Alfredo. Ethics or Moral Philosophy. Metro Manila: Novel Publishing Co., Inc., 1964.
SEC Standard Education Corporation. New Standard Encyclopedia. Chicago.
Rice, Philip. Marriage and Parenthood. Boston, Massachusetts: Allyn and Bacon Inc., 1979.
Stark, Rodney. Sociology 2 nd Edition . USA: Wadsworth Publishing Company, 1987.
Stoke, Randall. Introduction to Sociology. USA: WM. C. Brown Publishers, 1984.
NEWSPAPER
Tacio, Henry Lito D. Daily Inquirer. 2000.
Tuazon, Brenda P. Manila Bulletin. 1992.
MAGAZINE
Orendain, Louise G. Mr. and Ms. 1988.
LEGALITY OF MARRIAGE
A Research PaperSubmitted to Mrs. Erlinda E. Gatchalian
As a Partial Fulfillment
Requirements of the Course inLiterary Writing
March 2003
Jocelyn L. Estuita
DEDICATION
I dedicate this term paper to all married couples specially to
my parents to continue loving each other, share all up’s and down’s
so that their togetherness will last forever.
I also dedicate this piece of work to all couples who are
planning to get married. I hope this will serve as a guide in order to
have a successful marriage.
TABLE OF CONTENTS
PAGE
Dedication.............................................................................i
Table of Contents..................................................................ii
CHAPTER
I. INTRODUCTION...............................................................1
Importance or Significance of the Study........................3
Scope and Limitation of the Study.................................3
Objectives of the Study..................................................3
Definition of Terms.........................................................3
II. REVIEW OF RELATED LITERATURE..................................6
III. LEGALITY OF MARRIAGE.................................................14
IV. SUMMARY.......................................................................20
BIBLIOGRAPHY......................................................22