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 mans 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. 175181). 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, parents wishes, escape from loneliness or from a parental home situation, notoriety, adventure, money social companionship, position and sexual attraction, gratitude, (1960, protection, pity, spite, A.

prestige, are

common

interests

obvious.

Henry

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 Churchs 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 anothers 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 ones parents or siblings (and often aunts, cousins, and other kin). Many societies define marriage any member of ones 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 todays 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 persons 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. Todays 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 mothers 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 doesnt interfere than is necessary in each others 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 others 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 ones 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 parents 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 2nd 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 Paper Submitted to Mrs. Erlinda E. Gatchalian As a Partial Fulfillment Requirements of the Course in Literary 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 ups and downs 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