Apacible, Pamela Kristina P.

2LM2
Fregillana, Katrina Dominica
See, Patricia Ingrid

Article Critique: “Concern and Emerging Trends on Laws Relating to Family and

Children”

The article written by Flerida Ruth P. Romero entitled: Concern and Emerging Trends on

Laws Relating to Family and Children highlights the essentiality of marriage in the Filipino

family. The overview of the article has holistically presented the importance of the Filipino

family as the foundation of the integrity of the nation. Furthermore, it eventually discussed how

marriage affects the family and sooner or later the Philippine society. It traces the historical

background of the role of marriage in family life in the Philippines, from the Spanish period up

to the present times. Eventually, it also emphasizes on the inferiority of women when it comes to

her role/s in the family.

Family, as defined by the Universal Declaration of Human Rights: “The family is the

natural and fundamental group unit of society and is entitled to protection by society and the

State.” Likewise the Philippine Constitution recognizes in its State Policies the sanctity of family

life and it protection. It recognizes the family as the basic autonomous social institution. From

this point, the author then diverts the subject towards the patriarchal culture in the Philippines

which is greatly evident in the Filipino family. It was stated that women were under perpetual

tutelage basically for the rest of her life, under her father and/or husband. The article then

eventually builds its focus to a more sensitive topic which is marriage. Family is recognized as

the basic unit of the society therefore marriage must be taken seriously and must be out of
mutual consent from both parties involved. It is then encouraged that marriage must be

considered not only as a contract or vow to between man and woman; instead it must also be

recognized that this will eventually affect other complications not only within the family but also

in the society. In the latter part of the article, the author discussed the ways on how to preserve

marriage; from the discussion of sex change towards the subject of divorce and legal separation.

Different family laws have persisted through the years in response to the circumstances in

Filipino families. Family laws are continuously changing due to modernization. These laws

should be shifting and moving alongside with the global developments that continue to change

the family life in the Philippines.

The argument raised by the article is that the constant change in society brought about by

urbanization and global modernization raises the need for the law to keep up with these sensitive

shifting so as not to be ‘laggards in the family of nations.’

Because of this, the article assumes that our laws should not be constricted to one certain

kind of thinking. As our society develops, it is safe to presume that our laws bend and adapt to

these development and changes. As noted by the article, we are no longer under the influence of

the Spanish Civil Code where the laws and provisions therein are rock-solid.

In this day and age, this article really does shed a light in some of the issues our country

has right now (eg parental authority, marital woes, and same-sex marriage). It offers insights on

how to handle and what provisions to use in these cases. Compared to other notable articles, this

paper shares the same idea with most with regard to the need of flexibility and deep

considerations in our laws. In addition, this article also explores issues that conservatives in the
legislature should consider things that are taboo, including divorce, abortion, and the rights of

lesbians, gays, bisexuals and transgenders (LGBT).

All in all, the author discussed the main point and some of its components with clarity in

a way that readers of all genre will be able to comprehend the main argument of the article.

However, in some parts of the article where certain cases touching the same subject matter as to

the author’s point is mentioned, particular phrases may seem to be stated repetitively as though

one phrase is not enough to relay the connection of the case with the author’s thoughts to the

readers. Some of the arguments supporting the main point of the author were not clarified that it

left the readers “hanging”. With respect to the introduction, it seems that it is appealing for the

readers because it started with an entertaining fact. Concerns relating to family laws were

thoroughly discussed, and emerging trends with respect to marriage and family were given

enough spotlight to shed a light for the reader’s awareness.

Moreover, the article covers the history of the Civil Code of the Philippines, referring

particularly to the different stages of revision that it underwent before it became the New Civil

Code, from its underlying legal foundation, the Spanish Civil Code, to its final revision in 1979

and its execution by the former President Corazon C. Aquino in 1987.

It also discussed mostly about marriage and its requirements with respect to the written

law in our country, and the family as the natural and fundamental group unit of society or as the

foundation of a nation and is entitled to protection by society and the State. (p. 6) Certain issues

addressed by the author includes the gender requirement for a marriage to be valid, such that

only a man and a woman may enter into a marriage contract even with the recent issue

concerning same-sex marriage legalization in foreign countries, and the legal capacity
requirement that requires the contracting parties to be at least 18 years of age to enter into a

marriage contract, unlike for the past century that the legal age for contracting marriage is only

14 years of age for the male, and 12 years of age for the female.

Other concerns mentioned by the author is about the flexibility of our laws governing the

family and civil rights to adapt with the modern trends such as our law proxy marriages,

common-law marriages, expanded legal separation, and paternity and filiation.

However, the author seemed to have avoided elaborating other issues affecting family

such as the controversial Reproductive Health (RH) Bill now pending in the halls of Congress,

although a little insight was given as to why it is not difficult to understand that a lot of hue and

cry over the issue exists.