GUEVARRA, ROBERT ARVIN G.

December 15,2016

2012041189 1H

IFUGAO LAW vs CIVIL LAW

In terms of Ifugao family law in the nature of marriage there are two ways how marriage

is contracted .One is The Contract marriage is usually arranged and its first ceremonies at least

performed while the children are quite small. Second is the Trial marriage, where is merely a

sexual mating in the dormitories of the parties but require two or more trial marriage in order to

find a permanent partner. There is no definite duration of marriage for it may last any time up to

the extent when one of the parties’ died. Marriage may be terminated at any time by mutual

agreement. However, since it is considered as a contract, if either party terminate the marriage

against the will of the other, the injured party has the right to assess and collect damages. In the

matter of who can contract a marriage there is no specific age in order to be capacitated to be

married neither there is a need of parental consent. The Ifugao customs have many steps to be

taken in marriage ceremonies. On the other hand in the civil code the law require legal capacity

as an essential requisite, that the parties contracting the marriage must be 18 years of age above.

In addition to that if either of the parties is still emancipated the law require a parental consent

before contracting a marriage.

The following are incurred by those who entered a marriage contract. To abstain from

sexual relations with any other person. The boy and his kin are obliged to furnish the immediate

family of the girl with firewood from the time at which the first ceremony is performed until the

young couple separate to live in a house by themselves. The boy and his kin must keep the

granaries of the family of the girl in repair, and to reroof them whenever necessary. Each family
must help each other in all that pertains to rice culture throughout the first year following the last

marriage ceremony. It is the duty of either spouse to furnish a pig to the other in the event of the

sickness of the other or of any his or her lineal ascendants. It is the duty of either spouse to

furnish the other in the event of the death of any of the lineal ascendants of the other, a pig and a

death blanket. The non-fulfilment or the non-discharge of any of the above obligations is a

sufficient cause for a demand for divorce on the part of the injured spouse except if the parties

are too young to fulfill the obligation the parent will furnish. On the other hand in comparison to

to the civil code of the Philippines, where upon marriage of either of the parties are not allowed

to have sexual relation with other for it will result to concubinage or adultery. Another is in the

family code the right and obligation between husband and wife where they are oblige to live

together observe mutual love, respect and fidelity and render mutual help and support to each

other.

In terms of properties right acquired by marriage Neither spouse acquires any interest in

the property that the other possess at the time of the marriage but has the right to veto the sale or

transfer either of their property except where legal and sufficient reason for such transfer.

There is a divorce in Ifugao but under the following term; (1) Death by necessity, by

reason of bad omen or ill fortune and always achieve by bad mutual agreement.(2) Divorce by

benefit, where childless of cause in the period of 2-3 year upon marriage and the continuous

death of offspring.(3) Divorce as demanded by either party, where their cruelty and

incompatibility of the parties; desertion; adultery; unreasonable or insane jealousy. In

comparison to the civil law of the Philippines it does not provide any divorce law rather it have

legal separation and annulment the law also provide ground in order to be invoke. That same
with Ifugao law cruelty, desertion and infidelity is a ground for legal separation. Furthermore

same with Ifugao law impotency is a ground for annulment.

Moreover there is a property settlement upon divorce in the Ifugao law, where there are

no children each take the property of on what he brought with in the marriage including the

property they receive for inheritance is sole base of his relationship to his own family. If there

are children in the union the woman has the right of the child, but in case the mother don’t have a

rice field the father can take the children provided that its old enough not needing the care of the

mother. In comparison with the civil code upon declaration of legal separation or annulment the

property settlement or separation of property will depend on the marriage settlement the

difference is that the spouses can inherit from each other and has a share upon liquidation and

dissolution of property. In term of commonality is the custody of the child the in civil in term of

the child custody where it always in the mother when the child is under 7 years old but it in some

circumstance if the mother is unfit the court will decide for the custody of the child.

Works Cited
R.F., B. (n.d.). IFUGAO LAW. AMERICAN ARCHAEOLOGY AND ETHNOLOGY, 1-21.
https://aboutphilippines.ph/documents-etc/1919-ifugaolawroy00bartrich.pdf