Definition of Marriage and the New Family Code of the Philippines

Study Notes

Definition of Marriage

A legally and socially sanctioned union between a man and a woman, regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties of the partners.
According to the New Family Code of the Philippines (effective August 3, 1998), marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.

Essential Requirements for Marriage

Legal capacity of the contracting parties (at least 18 years old), who must be a male and female.
Consent freely given in the presence of the solemnizing officer.

Formal Requisites of Marriage

Authority of solemnizing officer.
Valid marriage license (except in marriage of exceptional circumstances).
Marriage ceremony 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 at least two witnesses of legal age.

Fundamentals of Marriage

CONNECTION: A bond that holds partners together in a relationship.
COMMITMENT: The state or quality of being dedicated to something.
GIVING: The tangible show of commitment, of choice, of a deeper attachment.
RESPECT: A declaration of value for someone.
TRUST: An indispensable ingredient in building and maintaining a healthy marriage.
INTIMACY: An essential part to keep the relationship strong.

Issues Outside of Marriage

Premarital Sex

Any sexual relations with a partner before beginning a married life.
Disadvantages:
- Risk for Sexually Transmitted Diseases (STDs).
- Risk for pregnancy.
- Abortion.

Adultery and Concubinage

Adultery: When a married woman has sexual relations with someone who is aware of her marital status.
Concubinage: Committed by a married husband by keeping a mistress in the conjugal dwelling, having sexual intercourse under scandalous circumstances with a woman who is not his wife, or cohabiting with her in any other place.

Cohabitation

Living together as a couple without being married.
Pros:
- Relationships may be deepened and enriched.
- The stresses of getting married can be eased.
- Reducing expenses can save money.
Cons:
- It is not a permanent relationship.
- There is always uncertainty with cohabitation.
- Couples who cohabitate have less fulfilling sexual lives.

Prostitution

The act of paying someone for indiscriminate sexual activity with someone who isn't a spouse or friend.
Can involve heterosexual or homosexual behavior, and prostitutes might be transgender women or men.

Contraception

Also known as birth control or fertility control, it is a deliberate use of artificial methods to prevent pregnancy due to sexual intercourse.
Separates the sperm and egg from the womb, stops egg production, and prevents the combined sperm and fertilized egg from attaching to the womb's lining.
Different types of contraception include male and female condoms, contraceptive diaphragm/cap, etc.

Description

Explore the legally and socially sanctioned union of marriage, usually between a man and a woman, as defined by the New Family Code of the Philippines. Understand the essential requirements and implications of this special contract.