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