SPECIAL PROBLEMS IN

MARITAL RELATIONSHIPS
and LAWS AFFECTING IT
 Domestic violence
Marital infdelity
Non-marital relationships /
live-in arrangement
MARITAL RELATIONSHIPS
SPECIAL PROBLEMS IN
 Non-Marital
Relationships / Live-In
Arrangement
*Non-marital and premarital relationships
have become increasingly ambiguous.
*Process is flled 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
NON-MARITAL AGREEMENTS
or LIVING TOGETHER
CONTRACTS
It defnes the rights and obligations that
each party owes each other. Unmarried
couples can create contracts between
themselves that also defne 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 fnances
separate;
Less likely to own homes;
More likely to experience relationship
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
Moneyis [one of] the root[s] of all
kinds of relationship problems.
Under theFamily 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 beneft 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
actsinter vivosof 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
In cases of cohabitation not 148
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
 Marital
Infdelity
 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 fle for
adultery or
concubinage?
Only the offended spouse can
legally fle 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 frst
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
Article 26 of the Civil
Code
Gives the offended party a cause of action
for a third partys 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 partys
malicious act of estranging a personfrom
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
fled
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
Grave Threats
If a paramour should threaten the
spouses or their family
Charge of Trespassing
Can be fled 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
fled against her/him for violation of
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
Slander
shames or by Deedthe latter
ridicules
If there is spitting at the innocent
spouse, or slapping, or shoving
Serious, Less Serious,Slight
Physical Injuries blows are involved,
If harder physical
the offending paramour may be
charged with either serious, less
serious, or slight physical injuries,
depending on the injuries sustained
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
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
ones 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
RA 9208
lasciviousness
Abduction /
Physical injuries kidnapping

Sexual
Unjust vexation
harassment
Types of Violence
 Types of Violence
Physical abuse concentrates on
Physical
the unwanted Psychologica
contact or
violation of the lbody
/ of the
female. The following are the
emotional
types of physical abuse:
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
The use ofAbuse
negative comments that are
offensive, embarrassing, or threatening
(e.g., name calling, false accusations,
lying, saying one thing and meaning
another, etc.).
Social
Any Abuse
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
Impact of VAW
Impact on
In terms of its Individuals
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 asThe 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 theMagna 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 asThe 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
The Anti-Sexual
Philippine
The Laws
Special Protection of
Harassment Act of 1995 Children Against Child
(R.A. 7877) Abuse, Exploitation and
The Anti-Rape Law of Discrimination Act (R.A.
1997 (R.A. 8353) 7610)
The Anti-Trafficking in The Family Courts Act of
Persons Act of 2003 (R.A. 1997 (R.A. 8369)
The Revised Penal Code
9208)
The Rape Victim (R.A. 3815)
The Responsible
Assistance and Protection
Act of 1998 (R.A. 8505) Parenthood and
The Women in Reproductive Health Act of
Development and Nation 2012 (R.A. 10354)
The Domestic Workers Act
Building Act (R.A. 7192)
The Anti-Child (or Batas Kasambahay) (R.A.
Pornography Act of 2009 10361)
The Solo Parents' Welfare
(R.A. 9775)
Act of 2000 (R.A. 8972)
 Govt, NGOs and Other
Organizations
Philippine Commission on
Women
Formerly known as theNational Commission on the
Role of Filipino Women(NCRFW), thePhilippine
Commission on Women(PCW) serves as the voice for
Filipino women.
GABRIELA Womens Party
General Assembly Binding Women for Reforms,
Integrity, Equality, Leadership, and Action is a leftist
Philippine organizationspecifcally 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
aFoundation
non-proft organization established in 1991 to help
female survivors of violence.
Womens
General AssemblyCrisis
BindingCentre
Women for Reforms,
Integrity, Equality, Leadership, and Action is a leftist
Philippine organizationspecifcally a party list that
advocates issues related to that of women and
children.
SAVEa Our
provides Women
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