Marriage is defined as 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. It is the foundation of the family and an inviolable social institution whose nature
consequences, and incidents are governed by law and is not subject to stipulation,
1
except marriage settlements to fix the property relations during the marriage. Clearly,
Philippines recognizes the sanctity of marriage. In the Beso vs De Guzman 2, it is cited
that,

“Marriage in the Philippines is an institution in which the community is deeply interested.

The state has surrounded it with safeguards to maintain its purity, continuity and
permanence. The security and stability of the state is depended upon it. It is the interest
and duty of each and every member if the community to prevent the bringing about of a
condition that would shake its foundation and ultimately lead into its destruction.”

The characteristics of marriage in the Philippines were influenced by the prevailing

religions in the country and the models of the Spanish and American forces that
conquered as a result of their colonization. During the pre-colonial times, marriages are
held for three days and was officiated by a babaylan (a tribal priest of priestess), a datu
or the wisest elder of the community. They perform certain rituals in solemnizing the
marriage with the view that performing such will be a blessing to the couple. These
rituals include as joining their hands in the container of an uncooked rice, pricking their
chest to draw a small amount of blood to be placed on a container to mixed with water.
They will eat rice cooked from the container and drink the mixture of blood and water
after they professed their love for each other. The priest will then proclaim their
3
marriage after they are bounded by a cord or sometimes their hair.

During the Spanish Colonization, marriage was influenced by the teaching and efforts of
the Spanish missionaries. Catholicism, which is one of the greatest influence of the
Spanish regime in our country, brought changes in marriage ceremonies. It became
faith-centered and God-centered which highlights the “lifelong commitment” of loving
and caring of two individuals. The law of marriage was the law of Spain in force during
1
Executive Order No. 209; Family Code of the Philippines, Article 1
2
323 SCRA 566, 573 (2000)
3
Ilonggo Traditional Marriages , Bridging the Gap by Henry Funtecha, News Today (2006)
that time, together with the Philippine laws. The solemnity of the marriage was
established by the agreement between the parents and relatives of the contracting
parties and the payment of dowry. As stated by Legaspi (1570), marriages in the
Philippines were kind of a purchase and a trade made by men in exchange for women.
After marriage, whenever the husband wishes to leave his wife or to separate from her,
he will have to pay her the same amount of money. This means that a man is permitted
to have as many wife as he can and then leave them provided that he has enough
money to buy and support them. Similarly, if the man fails to support her wife through
dissolute conduct, she may leave him without returning the dowry and is permitted to
marry another man. They maintained that once a marriage is validly contracted, it will
only be extinguished through death.

During the present times, Philippines is one of the only three countries left in the world
which does not permit divorce. Out