GROUP 2 - GAD

Family Code of the Philippines  Emancipation and Age Majority - The provisions
governing emancipation by recorded agreement
shall also apply to an orphan minor and the person
Definition of Terms: exercising parental authority but the agreement
must be approved by the court before it is recorded.
 Summary Judicial Proceedings in the Family
 Marriage - a special contract of permanent union Law - Until modified by the Supreme Court, the
between a man and a woman entered into in procedural rules provided for in this Title shall
accordance with law for the establishment of apply as regards separation in fact between husband
conjugal and family life. and wife, abandonment by one of the other, and
incidents involving parental authority.
 Legal Separation - a legal process by which a
married couple may formalize a de facto separation  Final Provisions - This Code shall have retroactive
while remaining legally married. effect insofar as it does not prejudice or impair
vested or acquired rights in accordance with the
 Rights and Obligation Between Husband and
Civil Code or other laws.
Wife - the husband and wife are obliged to live
together, observe mutual love, respect and fidelity,
and render mutual help and support.
Annulment
 Property Relations Between Husband and Wife -
the future spouses may, in the marriage settlements,
agree upon the regime of absolute community,
Grounds for Annulment are:
conjugal partnership of gains, complete separation
of property, or any other regime.  In an annulment there generally has to be someone
at fault.
 The Family - the family, being the foundation of
the nation, is a basic social institution which public  Fraud or mispresentation
policy cherishes and protects. Consequently, family
 Concealment (fail to disclose major fact about
relations are governed by law and no custom,
themselves)
practice or agreement destructive of the family shall
be recognized or given effect.  impotency, incest, and lack of consent.
 Paternity and Filiation - the action to claim
legitimacy may be brought by the child during his
or her lifetime and shall be transmitted to the heirs Divorce
should the child die during minority or in a state of
insanity.
If one is considering ending their marriage, they
 Adoption - a person of age and in possession of full
should learn something about the process in advance:
civil capacity and legal rights may adopt, provided
he is in a position to support and care for his  They may file for divorce only in a state where they
children, legitimate or illegitimate, in keeping with are a resident
the means of the family.
 Changes to related agreements involving alimony,
 Support - comprises everything indispensable for child custody, or child support must be made in the
sustenance, dwelling, clothing, medical attendance, state where the divorce was granted.
education and transportation, in keeping with the
financial capacity of the family.  Spouses who are considering divorce when they are
over 50 may face unique challenges.
 Parental Authority - Pursuant to the natural right
and duty of parents over the person and property of  Hiring a lawyer to represent one in a divorce can
their unemancipated children. have advantages and disadvantages.
GROUP 2 - GAD

 If partners can work out the key issues in a divorce

without a lawyer, both parties may be able to save
significant money on legal fees

Fault and No-Fault Divorces

 No-fault divorces, which are an easier and more
common way to end a marriage. In a no-fault
divorce, neither spouse needs to show that the other
spouse did something wrong. A spouse instead
must provide a reason that state law recognizes as
sufficient to show that the couple cannot get along
 Fault divorces, which require one spouse to prove
that the other spouse did something wrong.

Distinguishing Divorce from Annulment

 As an alternative to divorce, an annulment is even
less common than legal separation. When a court
grants an annulment, the marriage will be treated as
though it never happened, which can be useful to
members of some religions who want to remarry
(although some religious institutions grant religious
annulments, which do not typically affect the
individuals’ legal relationship).
GROUP 2 - GAD

REPUBLIC ACT NO. 9262 (Anti-Violence Against member of the family to which the victim belongs,
Women and Their Children: Act of 2004.) or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted
AN ACT DEFINING VIOLENCE AGAINST WOMEN
deprivation of the right to custody and/or visitation
AND THEIR CHILDREN, PROVIDING FOR
of common children.
PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND  Economic Abuse - refers to acts that make or
FOR OTHER PURPOSES. attempt to make a woman financially dependent.
 Sexual Relations - refer to a single sexual act
which may or may not result to a bearing of a child
It seeks to address the prevalence of VAWC abuses
on women and their children by their intimate
partners like:
WHO GETS PROTECTED UNDER THE LAW:
 Husband or ex-husband
 The law recognizes the unequal relations of a man
 Live-in partner or ex-live in partner and a woman in an abusive relationship where it is
usually the woman who is the disadvantaged. Thus,
 Boyfriend/Girlfriend or exes
the law protects the woman and her children
 Dating partner or ex-dating partner
 The victim, the child who is a minor (legitimate and
illegitimate), and a person aged 18 years and
beyond who doesn’t have the ability to decide for
What is VAWC under the law? herself/himself because of an emotional, physical
 It refers to “any act or a series of acts committed by and mental illness can make full use of the law
any person against a woman who is his wife, former  Any child under the care of a woman is also
wife, or against a woman with whom the person has protected under the law.
or had a sexual or dating relationship or with whom
he has a common child, or against her child whether
legitimate or illegitimate, within or without the
IS VAWC COMMITTED BY MEN ALONE?
family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering,  Women can also be liable under the law. These are
or economic abuse including threats of such acts, the lesbian partners/girlfriends or former partners of
battery, assault, coercion, harassment or arbitrary the victim with whom she has or had a sexual or
deprivation of liberty dating relationship.

It includes, but is not limited to, the following acts: WHAT IF THE FEMALE VICTIM COMMITS
VIOLENCE AGAINST HER PARTNER?
 Physical Violence - refers to acts that include
bodily or physical harm  The law acknowledges that women who have
retaliated against their partners or who commit
 Sexual Violence - refers to an act which is sexual
violence as a form of self-defense may have
in nature, committed against a woman or her child.
suffered from battered women syndrome (BWS)
 Psychological Violence - refers to acts or
 Any victim who suffers from BWS should be
omissions causing or likely to cause mental or
diagnosed by a psychiatric expert or a clinical
emotional suffering of the victim such as but not
psychologist. This will also help the victim in
limited to intimidation, harassment, stalking,
obtaining a just decision in her case.The law does
damage to property, public ridicule or humiliation,
not allow the offender to have custody of minor
repeated verbal abuse and marital infidelity. It
children. Their care is still entrusted to the woman
includes causing or allowing the victim to witness
even if she is found to have BWS.
the physical, sexual or psychological abuse of a
GROUP 2 - GAD

WHAT IF THE MALE SPOUSE/PARTNER

COMPLAINS ABOUT ABUSES COMMITTED BY
HIS WIFE/PARTNER?
 He may file a complaint or case under the Revised
Penal Code.

WHAT ARE THE PENALTIES FOR

COMMITTING VAWC?
 If the courts have proven that the offender is guilty
of the crime, he may be imprisoned and will be
obliged to pay P100,000 to P300,000 in damages.
The length of imprisonment depends on the gravity
of the crime.
 The offender is also obliged to undergo
psychological counseling or
 psychiatric treatment.
 Being drunk or under the influence of prohibited
drugs cannot be taken as an excuse for committing
VAWC.