LEGAL DEFINITION OF THE FAMILY UNDER THE FAMILY CODE AND

1987 CONSTITUTION accdg. to Philippine Daily Inquirer

The Family Code of the Philippines (Executive Order no. 209) was signed into
law by then President Corazon Aquino on July 6, 1987.
The basic law covering persons and family relations governs marriages, legal
separations, property relations between spouses, and parental authority, among others.

Articles 96 and 124 of the Family Code discuss conjugal property.

They specify, among others, that the administration of community property belongs to
both spouses jointly: “In case of disagreement, the husband’s decision shall prevail,
subject to recourse to the court by the wife for proper remedy, which must be availed
of within five years from the date of the contract implementing such decision.
“In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In the absence of
such authority or consent, the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the part of the consenting
spouse and the third person, and may be perfected as a binding contract upon the
acceptance by the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.”

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CHARACTERISTICS OF THE FAMILY

Attachment of Blood Relations: The family members have blood relations with one
another. But on the other hand blood relation is not so important is a family because if
the family members there would be no blood relatives is case if adoption, relation is
that of affinity. So, family is not restricted to the blood relations among its members.

Economic Provision: Family is the basic institution for the provision of the economic
resources. Every individual is assigned a specific work, man can go outside of the
home for earning while women do her domestic works. So, this division of labour is a
source of economy provision and the basic help of dependent members like children
and old age people.
Emotional Basis: Family institutions is characterized by the emotional relationships
b/w family members. It brings unity and harmony is family members due to “we
feelings” among them. Family members feels themselves attach to on another on the
basis of personal interests and relations.

Common Habitation: Family members have the characteristics to live is a common

home. This home may be a single roof or an entire place, rented or the ancestral home
of the family but they live is a particular place together. The nomadic families also
have the common habitation under a tent.

Nomenclature System: Every family has its own ancestral name for which the whole
family can be recognized. For this purpose a nomenclature system go as is a family
and attach to the member’s names.

Permanent Relations of Husband Wife: Family is a social institution is which there

exists a permanent relationships b/w the couple to produce young ones and to look
after them.

Permanent Sexual Relations: Only place is which the husband and his wife has
permanent sexual relations and needs satisfaction. This relationship gives a charm to
their social life due to marriage and marital relationships.

Universality: Family is a universal institution recognized and accepted everywhere.

Family system is in practice everywhere even the primitive societies is.

Limited Size: In comparison to other social institutions, family is a small one but the
basic institution. It is very small but very much multi-functional for society.

Closed Group: Family is a closed group is which the members have tied themselves
to one another. Every person cannot become the group member of a family but there
is small chances of gaining a family like marriage, birth, adoption etc.

Each Family has a Head: It is also the basic characteristic of a family to has its own
head. It would be the father, mother or any other member of family but must be a
powerful authority to govern the rules of a family.

Permanency: Family is a permanent social institution is which members live is a

lifelong time connected to one another.

From the above discussion is an institution in which the members have close
relationships with one another and share their common feelings.

Source:
http://www.studylecturenotes.com/basics-of-sociology/what-are-the-basic-characterist
ics-of-family-institution
Nuclear family: This is also known as the conjugal family or family of procreation.
Nuclear families are comprised of married partners and their offspring. This is
common in industrial societies, but it is not the most common type of family in the
world, although the practice is spreading through modern development. Some
anthropologists identify a second type of nuclear family, the non-conjugal family. In
this type of nuclear family, there is one parent with dependent children. Additionally,
there is the polygymous family, which is comprised of multiple spouses and
dependent children (Lavenda and Schultz 2010; note that Lavenda and Schultz refer
to a polygynous family, not a polygymous family, but that term does not encompass a
married woman living with multiple husbands and dependent children).

Extended family: The extended family is the most common type of family in the
world. Extended families include at least three generations: grandparents, married
offspring, and grandchildren.

Joint family: Joint families are composed of sets of siblings, theirs spouses, and their
dependent children.

Blended family: Blended families are becoming more common, especially in

industrial societies like the United States. A blended family is formed when divorced
or widowed parents who have children marry.

Family by Choice: A relatively newly recognized type of family, again especially in

industrial countries like the United States, is the family by choice. The term was
popularized by the LGBTQ (Gay, Lesbian, Bisexual, Transgender, Queer) community
to describe a family not recognized by the legal system. Family by choice can include
adopted children, live-in partners, kin of each member of the household, and close
friends. Increasingly family by choice is being practiced by unmarried people and
families who move away from the consanguine family.

References:

Ahern, Susan and Kent G. Bailey. 1996. Family By Choice, Creating Family in a
World of Stranger. Minneapolis: Fairview Press.

Source:

https://courses.lumenlearning.com/culturalanthropology/chapter/types-of-families/

FUNCTIONS OF THE FAMILY

According to Maclver functions of the family is classified into two:

1. Essential / Primary Functions

(1) Stable Satisfaction of Sex need:

This is the Primary and essential function of family. It is the family where the
husband and wife can satisfy their sex instincts easily and comfortably. Without
family the satisfaction of sex need is almost socially quite impossible.

(2) Reproduction or procreation:

The family along with regulating the sexual behavior in relation to the satisfaction of
sexual needs secures a legitimate basis for procreation. This function of family
contributes to the continuity of family and ultimately perpetuates the human race as a
whole.

(3) Protection and care of the young:

It is regarded as an institution par excellence for the production and rearing of

children. It is true that no other institution can take required care of the child like
family. The child at birth is complete helpless and cannot survive at all without the
help of the family. It is the family which provides care, protection, security (Physical,
mental) and fulfills all other needs to make him fit in the society.

(4) Socializing Functions:

Family is one of the primary agents of socialization. Family members teach the child
the norms, value morals, beliefs and ideals of society. In the family the children first
learn what is good and bad, what is right and wrong. They develop specific habits,
traits of character, attitudes and values. The senior members of the family pass the
family culture to the new generation thought socialization process. Thus, family acts
an instrument of culture transmission.

(5) Provision of a home:

Family makes a provision of a home or a common habitation for its members. Here
both husband and if live together for procreation, protection and care of the children.
It is a place of multifarious activities. All the members of the family depend on home
for comfort, protection and peace. It is that institution which provides the mental or
the emotional satisfaction. Members of the family exchange their love, sympathy and
affection among themselves.
Non-essential / Secondary Functions

(1) Economic function:

The family fulfils the economic needs of its members. This has been traditional
function of family. Family fulfils all the economic needs of its members such as food,
clothing, shelter etc. The goods required by its members are produced at home.

(2) Educational function:

Mazzin says, "The first lesson of child is learnt between mother's kiss and father's
care". Family is regarded as the first school of children. The family provides the basis
for the child's formal learning and gives the child his basic training in the social
attitudes and habits.

(3) Religious function:

The family is a centre for the religious training of the children. The family used to
teach the children the religious values, moral precepts etc. It is through the family the
religious inheritance is passed on to the next generation.

(4) Recreational functions:

Family is the centre of recreation. It serves as a centre of all recreational activities like
singing, dancing, playing indoor games etc. The small children are the source of
recreation for the elders.

(5) Protective function:

Family always looks after the health of its members both young and old. It takes up
the responsibility of its members and maintains sound and good health.