SPECIAL PROBLEMS IN MARITAL

RELATIONSHIPS and LAWS

AFFECTING IT
 SPECIAL PROBLEMS IN MARITAL
RELATIONSHIPS

• Non-marital relationships / live-in

arrangement

• Marital infidelity

• Domestic violence
 Non-Marital
Relationships / Live-
In Arrangement
*Non-marital and premarital relationships have
become increasingly ambiguous.
*Process is filled with uncertainty and risk.
*Norms regarding mate selection are changing.
*More emphasis on the expressive self; less emphasis
on institutional regulation.
*Sexual relationships are regulated by iInstitutions
such as family, religion, and education; Social
norms, statuses and roles, and social sanctions;
and differing expectations, rights, and privileges
by gender, age, marital status, and sexual
orientation
 NON-MARITAL AGREEMENTS or
LIVING TOGETHER CONTRACTS
• It defines the rights and obligations that each party
owes each other. Unmarried couples can create
contracts between themselves that also define the
rights and obligations that each partner owes the
other.
• aka COMMON-LAW MARRIAGE, LIVE-IN
RELATIONSHIP or COHABITATION
• Compared to married persons, cohabitors:
– Have more liberal gender roles;
– Are more likely to keep finances separate;
– Less likely to own homes;
– More likely to experience relationship violence;
– Have a lower desire to marry; and
– Are less likely to ever marry.
 COMMON-LAW MARRIAGE
(LIVE-IN RELATIONSHIP) IN THE
PHILIPPINES
COMMON-LAW MARRIAGE (LIVE-IN
ARRANGEMENT)

• sometimes called de facto marriage,

informal marriage or marriage by
habit and, cohabitation or repute
• a form of interpersonal status which
is legally recognized in some
jurisdictions as a marriage
• Money is [one of] the root[s] of all
kinds of relationship problems.
Under the Family Code of the Philippines,
property matters between the husband and
wife are set forth in relative detail, e.g., the
forms and requisites of a marriage settlement
or ante-nuptial agreement, donations by
reason of marriage, the “default” property
regime of absolute community of property,
support for the spouse and the children, and
the effects of legal separation and annulment
of marriage on the spouses’ properties.
 ARTICLE 147
• When a man and a woman who are capacitated
to marry each other, live exclusively with each
other as husband and wife without the benefit of
marriage or under a void marriage, their wages
and salaries shall be owned by them in equal
shares and the property acquired by both of
them through their work or industry shall be
governed by the rules on co-ownership.
• Neither party can restrict or dispose by acts inter
vivos of his or her share in the property acquired
during cohabitation and owned in common,
without the consent of the other, until after the
termination of their cohabitation.
 ARTICLE 148
In cases of cohabitation not falling under the preceding Article,
only the properties acquired by both of the parties through
their actual joint contribution of money, property, or industry
shall be owned by them in common in proportion to their
respective contributions. In the absence of proof to the
contrary, their contributions and corresponding shares are
presumed to be equal. The same rule and presumption shall
apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her
share in the co-ownership shall accrue to the absolute
community or conjugal partnership existing in such valid
marriage. If the party who acted in bad faith is not validly
married to another, his or her shall be forfeited in the manner
provided in the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if
both parties are in bad faith.
 Marital
Infidelity
 INFIDELITY

the action or state of being unfaithful to a

spouse or other sexual partner.
 CONCUBINAGE
Concubinage is committed by any
“husband” who shall keep a mistress in
the conjugal dwelling, or, shall have
sexual intercourse, under scandalous
circumstances, with a woman who is not
his wife, or shall cohabit with her in any
other place
 ADULTERY

Adultery means the carnal relation

between a “married woman” and a man
who is not her husband, the latter
knowing her to be married, even if the
marriage be subsequently declared void.
Who can file for adultery
or concubinage?
Only the offended spouse can legally file
the complaint for adultery or
concubinage.

Who must be prosecuted?

The offended party cannot institute the
criminal charge without including both
guilty parties (the offending spouse and
the paramour), if both are alive.
 BIGAMY

Bigamy is basically the act of marrying

again while the first marriage is still
subsisting.
Elements to be Proved in a
Prosecution of Bigamy
• 1. The offender has been legally married.
2. The marriage has not been legally
dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be
presumed dead according to the Civil Code.
3. He/she contracts a second or subsequent
marriage.
4. The second or subsequent marriage has
all the essential requisites for validity.
 Difference of Bigamy from
Adultery/Concubinage
In adultery/concubinage, the law requires that both
culprits, if both are alive, should he prosecuted or
included in the information. In bigamy, the second
spouse could be charged only if she/he had knowledge
of the previous undissolved marriage of the accused.
Bigamy is a public offense and a crime against status,
while adultery and concubinage are private offenses
and are crimes against chastity. In
adultery/concubinage, pardon by the offended party
will bar the prosecution of the case, which is not so in
bigamy.
Article 26 of the Civil Code
Gives the offended party a cause of action for a
third party’s meddling with, or disturbing a
person's private life or family relations.

This cause of action is commonly called

“Alienation of Affection." It seeks
compensation for a third party’s malicious act
of estranging a person from his/her lawfully
wedded spouse or family.
 Other Criminal Cases an
Aggrieved Spouse Can File
(Criminal Complaints)
Libel
For malicious comments or posts on the Internet
that tend to dishonor or ridicule the offended
spouse, a criminal complaint for libel may be
filed

Alarms and Scandal

For disruptive mistresses or lovers who create
public disturbances outside the spouses'
home or near the person of the spouses or
their family, a police officer may be called to
arrest the offending paramour on the spot.
Grave Threats
If a paramour should threaten the spouses or
their family
Charge of Trespassing
Can be filed if the offender has entered the
family home uninvited.
Violation of the Animal Welfare Act
(RA 8485)
If the trespassing paramour harmed any animal
in the family home, an additional criminal
charge may be filed against her/him for
violation of the Animal Welfare Act (RA 8485).
Attempted Murder / Attempted
Homicide
If a homicidal paramour attacks anyone in the
family with a weapon, he/she may be charged
with either of these.
 Most Commonly-Occuring
Scenarios in Filipino Extramarital
Affair and What to Charge/File
Slander (Oral Defamation)
If, during a confrontation, the mistress or lover
speaks harshly to the aggrieved spouse in a
manner that shames or ridicules the latter
Slander by Deed
If there is spitting at the innocent spouse, or
slapping, or shoving
Serious, Less Serious,Slight Physical Injuries
If harder physical blows are involved, the
offending paramour may be charged with
either serious, less serious, or slight physical
injuries, depending on the injuries sustained
by the offended spouse.
Unjust Vexation
If the mistress or lover creates only minor
disturbances that merely cause
annoyance, such as calling or texting the
innocent spouse, or harmlessly stalking
from a distance
Prostitution
If a mistress receives an allowance or fancy
gifts from a cheating husband, or if she is
housed, clothed, and fed by him, the
aggrieved wife may want to test the law
by filing this criminal case.
Domestic Violence
Most women view domestic violence as
a family problem (usapang mag-asawa)
and choose to keep quiet about it. The
same attitude prompt their neighbors,
police officers and the courts to dismiss
wife-beating as a “private affair” even an
acceptable way of disciplining one’s
partner.
 FYI
• The year 2013 was reported to have had
the most cases of VAW in history.
• According to the information gathered
by the PNP, the general category of the
violation of RA 9262 is the most
prominent type of VAW (Violence Against
Women)
REPORTED CASES ON VIOLENCE
AGAINST WOMEN
(Source: PNP - Women and Children Protection Center (WCPC)

Rape RA 9262

Incestuous rape Threats

Attempted rape Concubinage

Acts of lasciviousness RA 9208

Physical injuries Abduction / kidnapping

Sexual harassment Unjust vexation

Types of Violence
 Types of Violence
Physical Psychological
/ emotional
abuse
Physical abuse concentrates on the
unwanted contact or violation of the
body of the female. The following are
the types of physical abuse:
 Physical Abuse
•Any unwanted physical contact caused by another
person resulting in harm, injury, and/or discomfort
(e.g., slapping, kicking, restraining, hitting, and
choking)
Sexual Abuse
Any forced and unwanted sexual activities (e.g.,
rape, forcing her to have sex with others, treating
her as a sex object, refusing to allow or forcing her
to use contraception, etc.).
 Physiological / Emotional Abuse
Verbal Abuse
•The use of negative comments that are offensive,
embarrassing, or threatening (e.g., name calling,
false accusations, lying, saying one thing and
meaning another, etc.).
Social Abuse
Any behavior resulting in the isolation and alienation of a
woman from friends or family or any actions that suggest
she is inferior due to her gender or her different socio-
economic background (e.g., controlling what she does,
whom she sees and talks to, treating her like a servant,
making a scene in public, etc.).
Impact of VAW
Impact on Individuals
•In terms of its physical effects, violence against
women has been linked to many serious health
consequences such as physical injuries, disability,
chronic health problems, sexual and reproductive
health problems, and in extreme cases—death.
•Aside from physical effects, victims of violence
also experience psychological health problems.
Family Impact
Children exposed to intimate partner violence in
the home are more likely to:
-Be abused themselves
-Not receive healthcare
-Have behavioral, emotional, and schooling
problems

As adolescents, they are more likely to:

-Use alcohol and drugs in harmful ways
-Smoke
-Have unsafe sex
 Legislation and Laws
R.A. 9262
•known as The Anti-Violence against Women and their Children Act
of 2004. Recognizing "the need to protect the family and its
members particularly women and children from violence and threats
to their personal safety and security"
R.A. 9710
Known as the Magna Carta of Women, "affirms the role of women in
national building and ensures the substantive equality of women
and men" in society.
R.A. 8371
known as The Indigenous Peoples Rights Act of 1997 highlights the
state's recognition and promotion of all the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs)
 Other Philippine Laws
•The Anti-Sexual Harassment Act •The Special Protection of Children
of 1995 (R.A. 7877) Against Child Abuse, Exploitation
•The Anti-Rape Law of 1997 and Discrimination Act (R.A. 7610)
(R.A. 8353) •The Family Courts Act of 1997
•The Anti-Trafficking in Persons (R.A. 8369)
Act of 2003 (R.A. 9208) •The Revised Penal Code (R.A.
•The Rape Victim Assistance and 3815)
Protection Act of 1998 (R.A. •The Responsible Parenthood and
8505) Reproductive Health Act of 2012
•The Women in Development (R.A. 10354)
and Nation Building Act (R.A. •The Domestic Workers Act (or
7192) Batas Kasambahay) (R.A. 10361)
•The Anti-Child Pornography Act •The Solo Parents' Welfare Act of
of 2009 (R.A. 9775) 2000 (R.A. 8972)
Gov’t, NGOs and Other Organizations
Philippine Commission on Women
•Formerly known as the National Commission on the Role of Filipino
Women (NCRFW), the Philippine Commission on Women (PCW)
serves as the voice for Filipino women.
GABRIELA Women’s Party
General Assembly Binding Women for Reforms, Integrity, Equality,
Leadership, and Action is a leftist Philippine organization—
specifically a party list that advocates issues related to that of
women and children.
SAVE Our Women
Stop the Abuse and Violence against Our Women is a local non-
government organization that provides psycho-social support and
referrals to female survivors of domestic and intimate-relationship
violence (and their children).
 Bathaluman Crisis Centre Foundation
•a non-profit organization established in 1991 to help female
survivors of violence.
Women’s Crisis Centre
General Assembly Binding Women for Reforms, Integrity, Equality,
Leadership, and Action is a leftist Philippine organization—
specifically a party list that advocates issues related to that of
women and children.
SAVE Our Women
provides a supportive and affirming environment in which women
who have survived violence can interact with other survivors
through group counselling, education programs, recreation
activities, or skills training.
Bantay Bata 163
a welfare organization and foundation founded by ABS-CBN in
1997. The main objective of Bantay Bata is to respond to children's
needs.
END
 “CHEATING is easy,
try something more
challenging like
being FAITHFUL”
Jude H. de Los Angeles | BSN-III