Preventing the sexual abuse of children

Republic Act 7610 is our country’s law on the prevention of child abuse and exploitation. Section 3 (b) of the law enumerates the various forms of child abuse, among others, as psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment. In this post, I will focus on the issue of child sexual abuse and how parents, schools and communities can deal proactively with this problem.
As a schoolteacher, I have known several students who were sexually abused. One student (valedictorian of his high school class) was sexually abused when he was about seven years old by a relative. Another student was repeatedly sexually abused by his two older brothers

As a lawyer, I have been consulted by pastors and members on issues dealing with sexual abuse not only in their communities but also in their churches. One pastor who ministers in a depressed area in Metro Manila told me of numerous cases of girls being abused by their own fathers.

There are numerous resources available on the Internet on the issue of child sexual abuse. What I will do in this post is to give highlights of these resources and provide the links so that you can read the articles in their entirety.

Facts and statistics on child abuse in the Philippines

1. http://www.childprotection.org.ph/ is a website that features organizations in the Philippines, both state-run and non-governmental, that work on the issue of child protection. It is a project supported by the Arci Cultura E Sviluppo, Save the Children (UK) Philippines, and UNICEF Manila with the participation of eight other organizations. Among its statistics on child abuse are:

There are 1.5 million streetchildren. DSWD estimates that this number increases annually by 6,365.

Of the 1.5 million streetchildren, 60,000 are prostituted (ECPAT 1996). The DSWD claims that the annual average increase of prostituted children is 3,266.

The Philippines is the fourth country with the most number of prostituted children (Intersect, December 1995).

Research studies conducted in schools show that for every 3 Filipino children, one child experiences abuse (Manila Bulletin, 11 February 1996). During the first semester of 1999 alone, there were 2,393 children who fell prey to rape, attempted rape, incest, acts of lasciviousness and prostitution (DSWD 1st semester, CY 1999).

2. Most Negros rape victims are children, from Philippine Daily Inquirer Visayas Bureau. by Romey G. Amarado

Police recorded a total of 145 rape cases in Negros Oriental between January and June this year. 122 of them were children according to the Women and Children's Concerns Desk (WCCD) of the PNP. Of the 51 cases that were directly recorded by the WCCD, 42 of them were children, half of them under the age of 12 and the rest, aged 15 to 17. The majority of the victims were girls and the youngest was a four-year-old boy raped by his uncle in Dumaguete City. Two cases were incest; eleven and sixteen year-old girls were the victims.

Last year 94 cases were reported, 70 of these were children. Twenty-four of the victims were 12 years old and younger. The youngest victim in 2000 was a two-year-old girl. Researches hold that most cases of rape are unreported and for every one that is reported at least ten more can be presumed. The WCCD is conducting children's rights awareness seminars which in turn, seems to be resulting in more reports of child abuse.

Myths and facts about sexual abuse

One great secular resource on child sexual abuse is the blog Telling It Like It Is, with articles written by Lin Burress. Very candidly, Lin reveals that she was a victim of sexual abuse as a child. Despite learning all she could about the issue and teaching her children about the warning signs, Lin says that “one of her sons was sexually abused at a young age by a highly respected church minister and close family friend, inside the church she attended at that time.”

In Lin's article entitled “Child Molestation Prevention Signs and Symptoms of Child Sexual Abuse”, she tackles the issues of (a) Signs of Sexual Abuse; (b) Why Don’t Children Tell? and (c) What Can Parents Do To Keep Children Safe?" Lin warns that:

Most sexual abuse is committed by people the child already knows such as friends, relatives, caregivers, trusted adults as well as complete strangers. Sexual abuse takes many forms and can involve forcing, coercing, bribing or threatening a child into sexual activity. The abuse often begins gradually and increases over time unless discovered.

Among other valuable articles in Lin’s blog are the following:

• Child Sexual Abuse: Facts vs. Myths
• Why Don’t Kids Tell? Talking to Your Children About Sexual Abuse
• Mother Blame: Blaming Mothers of Sexually Abused Children
• Child Safety and Child Sexual Abuse-The Series

Danger signals about sexual predators; local resources available

The Center for the Prevention & Treatment of Child Sexual Abuse (CPTCSA) is a non-profit, non-government, child-focused institution working towards a safe world for children that is free from sexual abuse exploitation. This NGO, based in UP Village, Quezon City, has numerous materials on the prevention of child sexual abuse, including a ten-session Sunday School material. Some materials are free while others are for sale.

In its flyers and posters, CPTCSA enumerates some of the early warning signals and telltale signs of sexual offenders which children - and their parents - should be aware of. These are:

1. Offender says you are special, different or the only one who really understands him

2. Treats you differently from other kids; gives you special privileges; treats you like an adult while he acts like a kid


3. Says he is teaching you sex education by showing you pornographic pictures or movies; he shows his body or touches yours


4. Puts lotion or ointment on you when your mother or others are not around (even when you don’t need the ointment)

5. Offenders hang around school, yard or park where children play; tells you “not to tell” or asks to “keep a secret”


6. Does not let you have friends or does not let you do things that other kids your age do


7. Comes into your bedroom for no reason


8. Asks you to do things that involve physical contact or touching of private parts


9. Offender wants to spend time alone with you; makes excuses for you to go places with him


10. Asks questions or makes accusations about sex between you and your boyfriends

11. “Accidentally” comes into the bathroom when you are taking a bath; not respecting your privacy


12. May fool your parents into allowing you to be “friends” through bribes and other tricks

The CPTCSA books and flyers also list “Wants to take your pictures” as an early warning signal and telltale sign of sexual offenders, but since photography is the number one hobby in the world, this sign should be taken not in isolation but in relation with the other warning signs.

Valuable resources on the issue of child sexual abuse and prevention

If you want to avail of print materials and videos on the issue of child sexual abuse and how you can proactively deal with this problem, please surf to the Reformed Churches in America website.

Laws, facts, and statistics on abortions in the Philippines

Note: Early morning today, according to my Bravenet site meter, this blog reached beyond 10,000 visitors since October 2007. With a daily average of 70+ visitors from more than 50 countries around the world, some 25,000 viewers will visit this site this year. Considering time spent on site and page views, not all of these visits are or will be significant. But the figures are gratifying for any blogger, nevertheless. The service I provide in this blog and in my Family Matters website is legal information and Biblical counseling. As I told one person who e-mailed me, what is legal is not always Biblical, and what is Biblical is not always legal. In this blog however, what is Biblical will always take precedence.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Consider the following facts and statistics:

1. In 2005, there were some 400,000 to 500,000 abortions in the Philippines. The World Health Organization estimate puts the figure at nearly 800,000, one of the highest rates of unsafe abortions in Asia.

2. Seventy percent of unwanted pregnancies in the Philippines end in abortion, according to the WHO. Pro-Life Philippines, an anti-abortion group, says that one of four pregnancies in the Philippines end in abortion.

3. According to the Department of Health, nearly 100,000 women who have unsafe abortions every year end up in the hospital.

4. As many as 17 percent of all unsafe abortions are done on teenage or young mothers, according to the DOH.

5. The national abortion ratio in 2000 was 18, meaning that 18 of every 100 pregnancies (live births and abortions) ended in abortion; the low estimate is 16 and the high estimate is 21.

6. Manila has the highest proportion of pregnancies ending in abortion (one in three), compared with about one in five in the rest of Luzon and about one in eight in Visayas and Mindanao.

7. 36 percent of Filipino women become pregnant before marriage and 45 percent of all pregnancies are either unwanted or ill-timed, according to the World Health Organization.

8. About 4 in 5 abortions in the Philippines are for economic reasons, according to a survey by the University of the Philippines. In many cases, said Jocelyn Pacete, a spokeswoman for Likhaan, a women's health group based in Manila, "the mother can't afford another child, so ends up choosing her five living children over the fetus in her womb."

9. Doctors who perform abortions clandestinely in clinics typically charge 2,000 to 5,000 pesos, or $37 to $93, according to one report. Many Filipinos cannot afford such fees, so they turn to Quiapo Church or to one of several other churches around the country near which abortifacients are sold.

10. In Quiapo, the best-selling abortifacient is Cytotec, a drug for ulcers. Before it was banned largely through the lobbying efforts of Pro-Life Philippines, Cytotec could be bought over the counter for 20 pesos. Today, it sells on the black market for 50 to 120 pesos per tablet. Most of the Cytotec now circulating is smuggled in from South Korea and Bangkok

These facts and statistics are from Philippines abortion crisis; Religious women turn to illegal procedures, by Carlos H. Conde, International Herald Tribune, Asia-Pacific, May 16, 2005, and from The Incidence of Induced Abortion in the Philippines: Current Level and Recent Trends, by Fatima Juarez, Josefina Cabigon, Susheela Singh and Rubina Hussain; International Family Planning Perspectives, Volume 31, Number 3, September 2005.

Abortion is illegal in the Philippines

The 1987 Constitution of the Philippines, specifically, Sec. 12, Art. II, pronounces that “the State shall equally protect the life of the mother and the life of the unborn from conception.”

Decades before the 1987 Constitution, the New Civil Code of the Philippines contained provisions protecting the unborn. These provisions are:

Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.

Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty four hours after its complete delivery from the maternal womb.

The Revised Penal Code has several provisions penalizing abortion. These are:

• Article 255 Infanticide
• Article 256 Intentional abortion
• Article 257 Unintentional abortion
• Article 258 Abortion practiced by the woman herself or by her parents
• Article 259 Abortion practiced by a physician or midwife and dispensing of abortives

I am not aware of any case involving abortion which has reached the Supreme Court. However, the Court of Appeals (9th Division) tackled a medical malpractice suit involving the issues of abortion, ectopic pregnancy and dilatation and curettage in the case of Mrs. Lourdes Rolda versus Dr. Antonio Garcia (CA-G.R. CV NO. 62980). According to the trial court’s findings (which the Court of Appeals upheld), Dr. Garcia disregarded the ultra sound report that indicated “ectopic pregnancy if positive pregnancy test”. Dr. Garcia then proceeded to diagnose the case as one of abortion and subsequently performed dilatation and curettage. Several days after the D and C, after experiencing severe pain and blood discharge, Rolda was treated and operated at a hospital for ectopic pregnancy.
In the decision’s prefatory statement, the Court of Appeals said,

Some 4,000 years ago, the Code of Hammurabi then already provided: 'If a physician make a deep incision upon a man with his bronze lancet and cause the man’s death, or operate on the eye socket of a man with his bronze lancet and destroy the man’s eyes, they shall cut off his hand.'

Subsequently, Hippocrates wrote what was to become part of the healer’s oath: 'I will follow that method of treatment which according to my ability and judgment, I consider for the benefit of my patients, and abstain from whatever is deleterious and mischievous…… While I continue to keep this oath unviolated may it be granted me to enjoy life and practice the art, respected by all men at all times but should I trespass and violate this oath, may the reverse be my lot.' At present, the primary objective of the medical profession is the preservation of life and maintenance of the health of the people.”

Inter-generational responsibility; implications on the sanctity of life

In the landmark case of Oposan vs. Factoran, the Supreme Court recognized the concept of inter-generational responsibility. Essentially, the principle means that the present generation holds the natural resource treasures of the earth in trust for the benefit, enjoyment and use of the generations of humankind yet to come. It is therefore a trust endowed upon the present generation as trustee and depository to use and enjoy. While the present generation has the right to use the earth’s resources, as a trustee and depository, it is also duty bound not to misuse or exhaust it, so that those of our species to come in much later years will still have something to use.

In this case, the petitioners, all minors, sought the help of the Supreme Court to order respondent factoran, then Secretary of DENR, to cancel all existing Timber License Agreement (TLA) in the country and to cease and desist from receiving, accepting, processing, renewing or approving new TLAs. They alleged that the massive commercial logging in the country was causing vast abuses on rainforest. They furthered the rights of their generation and the rights of the generations yet unborn to a balanced and healthful ecology.

Among other things, the Supreme Court justices said that they found no difficulty in ruling that the minors can, for themselves, for others of their generation and for the succeeding generations, file a class suit. Their personality to sue in behalf of the succeeding generations can only be based on the concept of inter-generational responsibility insofar as the right to a balanced and healthful ecology is concerned.

While the case revolved the issue of massive deforestation brought about by logging, ecology and the preservation of natural resources, the Court (to my mind)was in effect ruling on the sanctity of life. It would be absurd for our judicial system to uphold the right the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature without recognizing the sanctity of life, especially of the unborn.

HB 3227 (The Moses Law): stopping abortion and child abuse

House Bill 3227 or "The Safe Haven Act or The Moses Law" (authored by Rep. Eduardo Zialcita) permits parents to entrust the custody of their babies, who are up to two months old, to any hospital, medical emergency facility, police or fire station and other government agencies.

The "unwanted" babies will then be taken into the custody the Department of Social Welfare and Development (DSWD). The parents will not be required to give their names to the recipient of the child, and will be protected from arrest. Rep. Zialcita said he filed the bill "to address the moral degeneration of society as a result of the tragedies caused by abortion, child abuse, neglect and other forms of anti-life and anti-child acts."

Insightful articles and helpful websites on the abortion issue

Psalm 139 is perhaps the Bible’s most eloquent statement against abortion. The psalm goes like this:

1. O Lord, thou hast searched me, and known me.
2. Thou knowest my downsitting and mine uprising, thou understandest my thought afar off.
3. Thou compassest my path and my lying down, and art acquainted with all my ways.
4. For there is not a word in my tongue, but, lo, O Lord, thou knowest it altogether. 5. Thou hast beset me behind and before, and laid thine hand upon me.
6. Such knowledge is too wonderful for me; it is high, I cannot attain unto it.
7. Whither shall I go from thy spirit? or whither shall I flee from thy presence?
8. If I ascend up into heaven, thou art there: if I make my bed in hell, behold, thou art there.
9. If I take the wings of the morning, and dwell in the uttermost parts of the sea;
10. Even there shall thy hand lead me, and thy right hand shall hold me.
11. If I say, Surely the darkness shall cover me; even the night shall be light about me.
12. Yea, the darkness hideth not from thee; but the night shineth as the day: the darkness and the light are both alike to thee.
13. For thou hast possessed my reins: thou hast covered me in my mother's womb.
14. I will praise thee; for I am fearfully and wonderfully made: marvellous are thy works; and that my soul knoweth right well.
15. My substance was not hid from thee, when I was made in secret, and curiously wrought in the lowest parts of the earth.
16. Thine eyes did see my substance, yet being unperfect; and in thy book all my members were written, which in continuance were fashioned, when as yet there was none of them.17. How precious also are thy thoughts unto me, O God! how great is the sum of them!
18. If I should count them, they are more in number than the sand: when I awake, I am still with thee.

I highly recommend to you the following articles and websites on the issue of abortion:

• Abortion, by Sue Bohlin
• Arguments Against Abortion, by Kerby Anderson
• Partial Birth Abortion, by Kerby Anderson

If it aint broke, don’t fix it!

From conjugal partnership of gains to absolute community of property back to conjugal partnership of gains?

House Bill 2420 seeks to amend Article 75 of the Family Code of the Philippines by reinstating the system of conjugal partnership of gains as the basis for the property relations between husband and wife. The bill was authored by Cebu Representative Pablo Garcia with Representatives Mauricio G. Domogan, Elpidio Jr. F. Barzaga, Solomon Chungalao, Amado Bagatsing, Adam Relson Jala, Rufus Rodriguez, Liza Maza, Cinchona Cruz Gonzales, Raul Del Mar and Neptali Gonzales as co-sponsors. Congress passed the bill last February 5 and transmitted it to the Senate on February 11.

Article 75 of the Family Code provides for the absolute community of property as the default system of property relations between spouses. The article states,

The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.

I have previously written about the system of absolute community and you might want to re-read that article. Essentially, the system of ACP entitles the spouse to equal rights over the property acquired by the husband or the wife before and during the marriage (with certain exceptions), even with properties titled solely in the name of one spouse.

Reasons why the Family Code chose absolute community of property rather than conjugal partnership of gains

Prior to the Family Code’s effectivity in August 1988, a spouse had no right over the property that his or her partner acquired before marriage. The Spanish Civil Code, which was enforced from 1889 to 1950, and the New Civil Code, which was in effect from 1950 to 1986, both mandated the conjugal partnership of gains. The commission that crafted the Family Code believed that the ACP was more in keeping with the values of Filipinos than the CPG, and more conducive to the unity of the spouses and the oneness of the family since it was based on mutual trust and confidence.

Some of the members of the Family Code commission were legal luminaries like Justices JBL Reyes and Irene Cortes, Professors Flerida Ruth Romero, Ruben Balane, Esteban Bautista, Deans Bartolome Carale and Fortunato Gupit Jr. The commission worked on the draft of the Family Code for seven years and eight months from September 1979 to May 1987, with 182 meetings in all, each lasting from three to six hours.

You might remember that the Family Code took away (wisely in my opinion) the mayors’ right to solemnize marriages. But the Local Government Code of 1990, in a very unwise and politically-motivated accommodation, restored to the mayors the right to solemnize marriages. And now we have HB 2420 …

HB 2420, if passed into law, will seriously disadvantage women

Ar Sabangan of GMANews.TV has written an article entitled “Family Code amendment passed in silence, may disadvantage women”. The article cites Supreme Court Justice Artemio Panganiban, a retired judge and a MLQU law professor who all disagree with HB 2420.

Grace L. Plata of SunStar Davao has also written an article entitled “Judge airs concern over plan to amend Family Code.”

Adultery and concubinage under the Revised Penal Code; marital infidelity and psychological violence under RA 9262

Update as of April 25, 2018: “SC recognizes divorce in marriage with foreigners” (Rappler) The Supreme Court (SC) en banc issued a landmark ruling on Tuesday, April 24, recognizing divorce in marriages with foreigners. Voting 10-3-1, the SC en banc ruled “that a foreign divorce secured by a Filipino against a foreign spouse is also considered valid in the Philippines, even if it is the Filipino spouse who files for divorce abroad.” Summary: 1. Under the Revised Penal Code, adultery cannot be committed by the husband; it is a crime committed by the wife and her paramour. 2. Concubinage is committed by a husband in several ways: (a) by keeping a mistress in the conjugal dwelling, (b) by having sexual intercourse under scandalous circumstances with a woman who is not his wife; or (c) by cohabiting with his mistress in any other place. 3. If a husband wants to file an adultery case against his wife, he must also charge the paramour. In the same way, a wife must file the case for concubinage against her husband and his mistress; she cannot charge the mistress alone. 4. The heaviest penalty for adultery is imprisonment of six years (for the wife and her paramour). On the other hand, the heaviest penalty for concubinage is four years and two months (for the husband) and “destierro” or exile (for his mistress). 5. Since concubinage is difficult to prove in court, the wife should instead file a case of psychological violence due to marital infidelity under RA 9262. 6. The penalty for “psychological violence” under RA 9262 is a minimum of six years up to twelve years of imprisonment. The maximum penalty is imposed if the violence is committed by the husband or the intimate partner against the woman when she is pregnant or in the presence of their children. 7. Implications of the Supreme Court ruling on conspiracy in “Sharica Go-Tan case”: Can you file an RA 9262 case against your unfaithful husband AND his mistress? 8. Update as of December 2, 2018: House Bill No. 8604 seeks to remove the crimes of adultery and concubinage from the Revised Penal Code and to replace them with the crime of “sexual infidelity.” The Philippine Commission on Women recommends the decriminalizing of adultery and concubinage.

Adultery cannot be committed by the husband; it is a crime committed by the wife and her paramour

The Revised Penal Code defines adultery in Article 333: “Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. Adultery shall be punished by prision correccional in its medium and maximum periods.”

What is the penalty for adultery?

The medium period of the penalty for adultery ranges from 2 years, 4 months and one day to 4 years and 2 months imprisonment. The maximum period ranges from to 4 years, 2 months and one day to 6 year imprisonment. Simply stated, the longest time a wife will be imprisoned is 6 years.

“Love Must Be Tough: New Hope for Marriages in Crisis” by Dr. James Dobson You’ve forgiven a thousand times. You’ve bent over backwards to make your partner feel loved and accepted. But the only reward for your loyalty has been anger, indifference, infidelity, or abuse. Your spouse may even be ready to walk out the door. Do you feel like all is lost? Are you ready to give up? There IS still hope. Dr. Dobson’s “tough love” principles have proven to be uniquely valuable and effective. Unlike most approaches to marriage crisis, the strategy in this groundbreaking classic does not require the willing cooperation of both spouses. “Love Must Be Tough” offers the guidance that gives you the best chance of rekindling romance, renewing your relationship, and drawing your partner back into your arms. “Love Must Be Tough” free PDF from Tyndale House (TOC, Introduction, Chapter 1)

What is concubinage?

The Revised Penal Code defines and penalizes “concubinage” in Article 334: “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, shall be punished by prision correccional in its minimum and medium periods.”

A husband commits concubinage in several ways:

(1) by keeping a mistress in the conjugal dwelling,

(2) by having sexual intercourse under scandalous circumstances with a woman who is not his wife; or

(3) by cohabiting with his mistress in any other place.

What is the penalty for concubinage?

For the husband, the penalty of “prision correccional” in its minimum period is imprisonment from 6 months and one day to 2 years and 4 months. In its medium period, the penalty is from 2 years, 4 months, and one day to 4 years and 2 months. Simply stated, the longest time that a husband will be imprisoned is 4 years and 2 months.

On the other hand, the penalty for the mistress is “destierro” (exile), not imprisonment.

Why is concubinage difficult to prove in court?

In order to charge her husband with concubinage, the wife has to prove that he has committed any or all of the three acts mentioned above.

With number (1) above, I think you will agree with me that only a few men would dare to bring or allow his mistress to live in the conjugal dwelling. Not unless, of course, if the wife allows it for whatever reason …

As to number (2) above, an adulterous affair by its nature is done in secret; a man and his paramour cannot be expected to have sexual intercourse under scandalous circumstances.

Now, number (3) above. If a wife seeks legal help in filing a case for concubinage, lawyers will ask her for evidence that proves cohabitation. The evidence may be receipts for the apartment where the man and mistress are living, receipts for Meralco and PLDT, and affidavits of eyewitnesses that the man and mistress are really cohabiting, etc.

If the evidence merely proves that the husband is having an extra-marital affair, he cannot be charged with concubinage.

If the other woman gets pregnant and gives birth, can it be used as evidence for concubinage against the husband? No, the pregnancy is not necessarily proof of cohabitation. Why? Again, please take note of how concubinage is committed as I discussed under numbers (1) up to (3) above.

(Note: Click the graphic to download a free PDF newsletter on this topic. This PDF is for your personal, non-commercial use only; you must not upload it to any website, blog, file-sharing platform, or the cloud.)

Inequalities in the law and discrimination against women

The provisions of the Revised Penal Code are stacked against the wife. If she commits even just one case of marital infidelity, she, along with the paramour, can be immediately charged criminally.

But the husband who commits numerous acts of marital infidelity cannot be sued by his wife for adultery (since under Article 333, adultery is a crime committed by the wife and her paramour). The philandering husband must be sued under Article 334 for concubinage. The problem is, concubinage is much more difficult to prove in court.

What’s the reason for this inequality — the heavier penalty for the wife — under the Revised Penal Code? Well, the law seeks to prevent the introduction of spurious heirs into the family, which can happen in adultery, not in concubinage.

Because concubinage is difficult to prove in court, it’s better to file a case of psychological violence under RA 9262

Can you file a case of conspiracy to commit RA 9262 against your unfaithful husband AND his mistress? “Sharica Mari Go-Tan vs. Spouses Perfecto Tan and Juanita Tan” G.R. No. 168852, September 30, 2008 Background facts: After six years of marriage and two children, Sharica filed an RA 9262 case against her husband Steven and her parents-in-law Perfecto and Juanita Tan. She also asked the Quezon City Regional Trial Court Branch 94 to issue a TPO (Temporary Protection Order) against her husband and her parents-in-law; she alleged that, in conspiracy with her parents-in-law, Steven was causing verbal, psychological, and economic abuses upon her. In their defense, the parents-in-law claimed that they cannot be charged with violation of RA 9262 because Section 3 of that law explicitly provides that the offender should be related to the victim only by marriage, a former marriage, or a dating or sexual relationship. The Regional Trial Court ruled in favor of the parents-in-law. Sharica thus appealed to the Supreme Court. Issues raised by Sharica before the Supreme Court: Sharica claimed that RA 9262 must be understood in the light of the provisions of Section 47 of RA 9262 which explicitly provides for the suppletory application of the Revised Penal Code (RPC). Accordingly, the provision on “conspiracy” under Article 8 of the RPC can be applied to RA 9262. Sharica claimed that Steven and her parents-in-law had “community of design and purpose in tormenting her by giving her insufficient financial support; harassing and pressuring her to be ejected from the family home; and in repeatedly abusing her verbally,emotionally, mentally, and physically.” Supreme Court ruling: The Court ruled in Sharica’s favor; it stated that the provisions of the Revised Penal Code can be applied suppletorily to RA 9262. Thus, her parents-in-law can be charged as co-conspirators with her husband Steven. Implications of the Sharica Go-Tan ruling on conspiracy: If you’re an abused or abandoned wife, you can file an RA 9262 case against both your unfaithful husband and his mistress. With the proper proof, you can claim that the abusive acts that your husband committed against you were done in conspiracy with his mistress. (This means that, if convicted, the penalty for your unfaithful husband will also be the penalty for his mistress.) Consult your lawyer about the kind of proof that you need.

Republic Act 9262 or the “Anti-Violence Against Women and their Children Act of 2004” has now come to the rescue of women. Philandering husbands can now be charged criminally even for just one incident of marital infidelity under the “psychological violence” provision of RA 9262.

RA 9262 defines psychological violence as:

“acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.”

What is the penalty for “psychological violence” under RA 9262?

The penalty for “psychological violence” is a minimum of six years up to twelve years of imprisonment. The maximum penalty is imposed if the violence is committed by the intimate partner against the woman when she is pregnant or in the presence of the common children.

(For a detailed discussion on what psychological violence is, please read “Hope and help for the battered woman (4): Emotional abuse/psychological violence in my Salt and Light blog.)

Government offices where women can ask for help

For RA 9262 and other cases involving women, you can ask for help from the following:

Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel. No.: (02) 734-8635 NCR Ugnayang Pag-asa, Legarda, Manila Tel. Nos.: (02) 734-8617 to 18

Philippine National Police (PNP) Women and Children’s Concern Division (WCCD) Tel. No.: (02) 723-0401 loc. 3480 Call or text 117 (PATROL 117)

National Bureau of Investigation (NBI) Violence Against Women and Children’s Desk (VAWCD) Tel. Nos.: (02) 523-8231 loc. 3403

DOJ Public Attorney’s Office Women's Desk
Tel. Nos.: (02) 929-9010; 929-9436 to 37

Philippine General Hospital (PGH) Women’s Desk Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

Women’s Crisis Center Women and Children Crisis Care & Protection Unit – East Avenue Medical Center (WCCCPU-EAMC) Tel. Nos.: (02) 926-7744; 922-5235

Is there life or hope after an extramarital affair?

Please read my Salt and Light blog articles on the issue of marital infidelity:

Surviving Marital Infidelity
The grass is not greener on the other side
“Sad Movies Always Make Me Cry”
Marital infidelity: causes, consequences and conclusions
Priceless counsel from a bargain sale book: “How to save your marriage alone”

Updates as of December 2, 2018:

A. House Bill No. 8604 (filed by DIWA party-list representative Pepito M. Pico on November 19, 2018) seeks to remove the crimes of adultery and concubinage from the Revised Penal Code and to replace them with the crime of “sexual infidelity.”

Under House Bill No. 8604:

1. “Sexual infidelity” is committed by the unfaithful spouse — either the husband or the wife — with a paramour.

2. The penalty for the unfaithful husband or wife is “prision correccional” in its minimum period (from 6 months and one day to 2 years and 4 months).

3. When the unfaithful husband or wife keeps the paramour in the conjugal dwelling, the penalty is “prision correccional” in its maximum period (from 4 years, 2 months, and 1 day to 6 years).

4. The penalty for the unfaithful husband or wife will be the same penalty for the paramour.

B. “Eliminating Discrimination Against Women in the Revised Penal Code (RPC): Decriminalizing Adultery and Concubinage” by the Philippine Commission on Women:

Adultery and concubinage should be decriminalized or removed from the RPC since they involve violation of marriage contract, hence, liability should only be civil in nature. Taking off adultery and concubinage from the criminal offenses should however, still have the following legal effects:

1. Adultery and concubinage are still unlawful under the Family Code (civil matter), so an aggrieved/offended/victimized spouse can still file for legal separation on the ground of sexual infidelity, or a possible manifestation of psychological incapacity as a ground for declaration of nullity of a marriage;

2. Marital infidelity (concubinage) will continue to be one of the manifestations of psychological violence against women under RA 9262 (Anti-Violence Against Women and Their Children Act), a special law that protects women and their children from abuses and violence by their intimate partners;

3. Sexual infidelity (adultery or concubinage) will continue to be one of the bases for an aggrieved/offended/victimized spouse to sue for ordinary damages under the Civil Code (i.e. psychological pain and suffering) against the offending/guilty spouse and the third party involved.

Can a husband and wife in a notarized document declare that they are free to marry other persons and they will not file charges against each other?

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Several individuals, either personally or by e-mail, have asked me about situations where the husband and wife have decided to call it quits after a long period of physical separation, physical or psychological abuse, or because of the loss of love for each other.

Instead of going through the judicial process of having their marriage declared null and void, however, the husband and wife have asked a lawyer-notary public (in some instances, barangay officials or even a judge) to prepare and notarize a document where they have declared that both parties are now free to marry other persons and that they will not file charges of adultery or concubinage against each other. The question I have been asked is, Are these documents legally valid?

This kind of document is illegal, immoral, and void because it undermines and subverts the institution of marriage

The Supreme Court has ruled consistently since 1933 (that’s 75 years ago!) that such documents are illegal, immoral, and void because they undermine and subvert the institution of marriage (Panganiban vs. Borromeo 58 Phil. 367). Judges, lawyers and notaries-public who have prepared and signed such documents have been reprimanded severely (in terms of suspension or disbarment) by the Court. And yet, either because of ignorance or misconceptions of the law by the man on the street or by the desire of some lawyers-notaries public to make a fast buck, this kind of agreement and document still seem to be floating around.

Supreme Court ruling in “Albano vs. Judge Gapusan”: Judges, lawyers and notaries-public who prepare this kind of document can be suspended or disbarred

Posted below are excerpts from the 1976 decision of the Supreme Court in the case of “Redentor Albano, complainant, vs. Municipal Judge Patrocinio C. Gapusan of Dumalneg, Ilocos Norte, respondent.” In this case, Judge Gapusan (before his appointment to the judiciary) prepared and notarized a document providing for the personal separation of husband and wife and the extrajudicial liquidation of their conjugal partnership. The Supreme Court censured Judge Gapusan for his act of preparing and notarizing such a document.

Redentor Albano in a verified complaint dated August 18, 1975 charged Municipal Judge Patrocinio C. Gapusan of Dumalneg and Adams, Ilocos Norte with incompetence and Ignorance of the law for having prepared and notarized a document providing for the personal separation of husband and wife and the extrajudicial liquidation of their conjugal partnership and (2) with having allegedly influenced Judge Zacarias A. Crispin of the Court of First Instance of Ilocos Norte in deciding two criminal cases.

In 1941 or five years before his appointment to the bench, respondent Gapusan notarized a document for the personal separation of the spouses Valentina Andres and Guillermo Maligta of Barrio 6, Vintar, Ilocos Norte and for the extrajudicial liquidation of their conjugal partnership.

It was stipulated in that document that if either spouse should commit adultery or concubinage, as the case may be, then the other should refrain from filing an action against the other.

Judge Gapusan denied that he drafted the agreement. He explained that the spouses had been separated for a long time when they signed the separation agreement and that the wife had begotten children with her paramour. He said that there was a stipulation in the agreement that the spouses would live together in case of reconciliation. His belief was that the separation agreement forestalled the occurrence of violent incidents between the spouses.

Albano in filing the malpractice charge is in effect asking this Court to take belated disciplinary action against Judge Gapusan as a member of the bar or as a notary. (He was admitted to the bar in 1937).

There is no question that the covenants contained in the said separation agreement are contrary to law, morals and good customs (Biton vs. Momongan, 62 Phil. 7). Those stipulations undermine the institutions of marriage and the family, "Marriage is not a mere contract but an inviolable social institution". "The family is a basic social institution which public policy cherishes and protects." (Arts. 52 and 216, Civil Code). Marriage and the family are the bases of human society throughout the civilized world (Adong vs. Cheong Seng Gee, 43 Phil. 43; Ramirez vs. Gmur, 42 Phil. 855, 864; Goitia vs. Campos Rueda, 35 Phil. 252, 254; Brown vs. Yambao, 102 Phil. 168).

To preserve the institutions of marriage and the family, the law considers as void “any contract for personal separation between husband and wife” and "every extrajudicial agreement, during the marriage, for the dissolution of the conjugal partnership" (Art. 221, Civil Code). Before the new Civil Code, it was held that the extrajudicial dissolution of the conjugal partnership without judicial sanction was void (Quintana vs. Lerma, 24 Phil. 285; De Luna vs. Linatoc, 74 Phil. 15).

A notary should not facilitate the disintegration of a marriage and the family by encouraging the separation of the spouses and extrajudically dissolving the conjugal partnership. Notaries were severely censured by this Court for notarizing documents which subvert the institutions of marriage and the family (Selanova vs. Mendoza, Adm. Matter No. 804-CJ, May 19, 1975, 64 SCRA 69; Miranda vs. Fuentes, Adm. Case No. 241, April 30, 1966, 16 SCRA 802; Biton vs. Momongan, supra,, Panganiban vs. Borromeo, 58 Phil. 367; In re Santiago, 70 Phil. 66; Balinon vs. De Leon, 94 Phil. 277).

Respondent Gapusan as a member of the bar should be censured for having notarized the void separation agreement already mentioned.

(Emphasis by boldfacing supplied)

Republic Act No. 9439 Hospital Detention Law

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The complete text of the law (promulgated on April 27, 2007) is posted below:

Section 1. It shall be unlawful for any hospital or medical clinic in the country to detain or to otherwise cause, directly or indirectly, the detention of patients who have fully or partially recovered or have been adequately attended to or who may have died, for reasons of nonpayment in part or in full of hospital bills or medical expenses.

Section 2. Patients who have fully or partially recovered and who already wish to leave the hospital or medical clinic but are financially incapable to settle, in part or in full, their hospitalization expenses, including professional fees and medicines, shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. The promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid obligation. In the case of a deceased patient, the corresponding death certificate and other documents required for interment and other purposes shall be released to any of his surviving relatives requesting for the same: Provided, however, That patients who stayed in private rooms shall not be covered by this Act.

Section 3. Any officer or employee of the hospital or medical clinic responsible for releasing patients, who violates the provisions of this Act shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00), but not more than Fifty thousand pesos (P50,000.00), or imprisonment of not less than one month, but not more than six months, or both such fine and imprisonment, at the discretion of the proper court.

Section 4. The Department of Health shall promulgate the necessary rules and regulations to carry out the provisions of this Act.

Section 5. If any provision of this Act is declared void and unconstitutional the remaining provisions hereof not affected thereby shall remain in full force and effect.

Section 6. All laws, decrees, orders, rules and regulations or part thereof inconsistent with this Act are hereby repealed or amended accordingly.

Section 7. This Act shall take effect fifteen (15) days after its publication in two national newspapers of general circulation.

In compliance with Section 4 of RA 9439, Department of Health issued last January 2008 Administrative Order No. 2008-0001 or the Implementing Rules and Regulations of RA 9439.

If husband and wife have not seen each other for more than seven years, does it mean that their marriage is already void?

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It is not accurate to say that if spouses have not seen or communicated with each other for more than seven years that the marriage is terminated automatically or is considered void. In situations where one spouse has not seen the other spouse for a number of years or does not know what has happened to the other spouse, he or she must file a petition asking the court to declare the missing spouse as presumptively dead for purposes of remarriage.

Petition for declaration of presumptive death for purposes of remarriage

Articles 41 to 44 of the Family Code deal with the declaration of presumptive death for purposes of remarriage. There are a lot of misconceptions, however, about this part of the Family Code. Please let me explain.

1. People cannot take the law into their own hands.

Article 40 provides that persons cannot take the law into their own hands and simply declare by themselves that their marriage is void. A person wanting to remarry must first obtain a court decision declaring the previous marriage void before getting married again.

2. Period of absence: four years for ordinary absence, two years for extraordinary absence.

The Family Code only provides for a period of two years (extraordinary absence like in war, shipwreck, storm, etc) or four years (ordinary absence) for a person to be able to go to court and file a petition for declaration of presumptive death of the missing spouse. The seven years separation that people usually refer to was previously provided for by the New Civil Code.

3. Proof is required that the petitioner tried to locate the missing spouse.

The court will however require the petitioner to present proof that he or she exerted earnest and diligent efforts to locate the whereabouts of the missing spouse. These efforts include asking the police or NBI for help in locating the missing spouse, using the media like newspapers or radio, etc. The court will deny the petition if the petitioner cannot present such evidence of earnest and diligent efforts to locate the missing spouse.

4. If the court declares the missing spouse as presumptively dead, then the petitioner will be able to remarry.

5. Reappearance of the missing spouse:

But the problem is, if any person (friend, relative, barangay official, etc) discovers that the missing spouse is really alive, then that person can file an affidavit of reappearance with the Local Civil Registrar. If the petitioner had already gotten married, then that subsequent marriage is automatically terminated (subject to conditions under Article 42 of the FC).

Posted below are the specific provisions of the Family Code on this matter:

Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n)

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)

Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. (n)

Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;

(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.(n)

Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. (n)

Republic Act 9285 Alternative Dispute Resolution Act of 2004: How to solve legal disputes without going to court

Besides custody battles between couples over their children, nothing can be more traumatic than legal battles among family members or of people who may have had close personal ties (like friends, neighbors in the community, etc). This is perhaps why Filipinos with Chinese ancestry are averse to bringing their differences to court.

Family Code prohibits cases between family members without previous earnest efforts towards compromise

This is also the reason why Article 151 of the Family Code provides that cases between members of the same family shall not prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed. Article 151 does not however apply to cases which may not be the subject of compromise under the New Civil Code.

Mediation of court cases proven to be very successful

For several years now, all civil cases and some criminal cases (with respect to their civil aspect) have been subject to what is called court-referred mediation. During the pre-trial conference or preliminary conference, the court orders the opposing parties to submit themselves to mediation for the purpose of finding a mutually acceptable solution to the dispute under the guidance of mediators trained and accredited by the Supreme Court.

Based on experience and studies, mediation has been proven to be very successful in bringing parties back to friendly relations and creating a win-win solution for all concerned. If mediation is unsuccessful, however, then the trial of the case continues.

Domestic violence cases not subject to mediation

RA 9262 cases (violence against women) are expressly excluded from mediation proceedings at all levels (barangay and court) by any person (barangay officials, police officers, social workers and judges). Please read my article “Mediation not allowed in domestic violence cases” for the reasons why, despite its proven success, mediation is not allowed for RA 9262 cases.

Solving legal disputes without going to court

Republic Act 9285 is our country’s law that provides for Alternative Dispute Resolution. ADR refers to any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a government agency, as defined in RA 9285, in which a neutral third party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. The law covers mediation, international commercial arbitration, domestic arbitration, arbitration of construction disputes, and judicial review of arbitral awards (domestic and foreign).

Did RA 9285 repeal or amend our system of barangay justice?

RA 9285 did not repeal, amend or modify the jurisdiction of the Katarungang Pambarangay under Republic Act No.7160, otherwise known as the Local Government Code of 1991.

Office for ADR created under the Department of Justice

RA 9285 created the Office for Alternative Dispute Resolution under the Department of Justice. Thus, if you are involved in a legal dispute with family members or with some other parties and you do not want to go into court litigation, you can avail of the services of this particular Office.

Below is a primer on the essential provisions of RA 9285.

What is the policy of the State with regards resolution of disputes?

The State actively promotes party autonomy in the resolution of disputes or the freedom of the party to make their own arrangements to resolve their disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and declog court dockets. As such, the State shall provide means for the use of ADR as an efficient tool and an alternative procedure for the resolution of appropriate cases.

Likewise, the State shall enlist active private sector participation in the settlement of disputes through ADR. RA 9285 shall be without prejudice to the adoption by the Supreme Court of any ADR system, such as mediation, conciliation, arbitration, or any combination thereof as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines which shall be governed by such rules as the Supreme Court may approve from time to time.

What is an ADR Provider?

It means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system. This is without prejudice to the rights of the parties to choose non-accredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute. Whenever referred to in RA 9285, the term ADR practitioners shall refer to individuals acting as mediator, conciliator, arbitrator or neutral evaluator.

What is arbitration?

It means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated pursuant to RA 9285, resolve a dispute by rendering an award.

Who is an arbitrator?

It is the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement;

What is an award?

It is any partial or final decision by an arbitrator in resolving the issue in a controversy;

What is commercial arbitration?

An arbitration is commercial if it covers matter arising from all relationships of a commercial nature, whether contractual or not.

What is confidential information?

It means any information, relative to the subject of mediation or arbitration, expressly intended by the source not to be disclosed, or obtained under circumstances that would create a reasonable expectation on behalf of the source that the information shall not be disclosed. It shall include

(1) communication, oral or written, made in a dispute resolution proceedings, including any memoranda, notes or work product of the neutral party or non-party participant, as defined in RA 9285;

(2) an oral or written statement made or which occurs during mediation or for purposes of considering, conducting, participating, initiating, continuing of reconvening mediation or retaining a mediator; and

(3) pleadings, motions manifestations, witness statements, reports filed or submitted in an arbitration or for expert evaluation.

What is court-annexed mediation?

It means any mediation process conducted under the auspices of the court, after such court has acquired jurisdiction of the dispute.

What is court-referred mediation?

It means mediation ordered by a court to be conducted in accordance with the Agreement of the Parties when an action is prematurely commenced in violation of such agreement.

What is meant by mediation?

It means a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute.

What is meant by mediation-arbitration?

Med-Arb is a step dispute resolution process involving both mediation and arbitration.

Are there exceptions to RA 9285?

The provisions of RA 9285 shall not apply to resolution or settlement of the following:

(a) labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended and its Implementing Rules and Regulations;
(b) the civil status of persons; (c) the validity of a marriage;
(d) any ground for legal separation;
(e) the jurisdiction of courts;
(f) future legitime;
(g) criminal liability; and
(h) those which by law cannot be compromised.

What are the considerations in the application and interpretation of mediation under RA 9285?

Consideration must be given to the need to promote candor or parties and mediators through confidentiality of the mediation process, the policy of fostering prompt, economical, and amicable resolution of disputes in accordance with the principles of integrity of determination by the parties, and the policy that the decision-making authority in the mediation process rests with the parties.

Are proceedings under RA 9285 confidential?

Yes, information obtained through mediation proceedings shall be confidential, subject to the principles and guidelines provided under Section 9.

Sec. 10 of RA 9285 provides for waiver of confidentiality, while Sec. 11 enumerates the exceptions to confidentiality.

How can the parties be sure that the mediator is not biased towards one party and that there is no conflict of interest?

Sec. 13 provides that before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the circumstances to determinate whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and any existing or past relationship with a party or foreseeable participant in the mediation; and
(2) disclosure to the mediation parties any such fact known or learned as soon as is practical before accepting a mediation.

At the request of a mediation party, an individual who is requested to serve as mediator shall disclose his/her qualifications to mediate a dispute.

RA 9285 does not require that a mediator shall have special qualifications by background or profession unless the special qualifications of a mediator are required in the mediation agreement or by the mediation parties.

Besides the opposing parties, who can participate in the mediation?

Except as otherwise provided by RA 9285, a party may designate a lawyer or any other person to provide assistance in the mediation. A waiver of participation or legal representation may be rescinded at any time.

How can a mediated settlement be enforced?

Sec. 17 provides the following operative principles:

(a) A settlement agreement following successful mediation shall be prepared by the parties with the assistance of their respective counsel, if any, and by the mediator.

The parties and their respective counsels shall endeavor to make the terms and condition thereof complete and make adequate provisions for the contingency of breach to avoid conflicting interpretations of the agreement.

(b) The parties and their respective counsels, if any, shall sign the settlement agreement. The mediator shall certify that he/she explained the contents of the settlement agreement to the parties in a language known to them.

(c) If the parties so desire, they may deposit such settlement agreement with the appropriate Clerk of a Regional Trial Court of the place where one of the parties resides. Where there is a need to enforce the settlement agreement, a petition may be filed by any of the parties with the same court, in which case, the court shall proceed summarily to hear the petition, in accordance with such rules of procedure as may be promulgated by the Supreme Court.

(d) The parties may agree in the settlement agreement that the mediator shall become a sole arbitrator for the dispute and shall treat the settlement agreement as an arbitral award which shall be subject to enforcement under Republic Act No. 876, otherwise known as the Arbitration Law, notwithstanding the provisions of Executive Order No. 1008 for mediated dispute outside of the CIAC.

Besides mediation, are there other forms of ADR?

Sec. 18 provides that the parties may agree to refer one or more or all issues arising in a dispute or during its pendency to other forms of ADR such as but not limited to (a) the evaluation of a third person or (b) a mini-trial, (c) mediation-arbitration, or a combination thereof.

For purposes of RA 9285, the use of other ADR forms shall be governed by Chapter 2 except where it is combined with arbitration in which case it shall likewise be governed by Chapter 5.

What is the Office for Alternative Dispute Resolution?

RA 9285 established the Office for Alternative Dispute Resolution as an attached agency to the Department of Justice (DOJ) which shall have a Secretariat to be headed by an executive director. The executive director shall be appointed by the President of the Philippines.

What are the objectives of the Office for ADR?

Sec. 49 provides for the following objectives:

(a) to promote, develop and expand the use of ADR in the private and public sectors; and

(b) to assist the government to monitor, study and evaluate the use by the public and the private sector of ADR, and recommend to Congress needful statutory changes to develop. Strengthen and improve ADR practices in accordance with world standards.

What are the powers and functions of the Office for ADR?

It shall have the following powers and functions:

(a) To formulate standards for the training of the ADR practitioners and service providers;

(b) To certify that such ADR practitioners and ADR service providers have undergone the professional training provided by the office;

(c) To coordinate the development, implementation, monitoring, and evaluation of government ADR programs;

(d) To charge fees for their services; and

(e) To perform such acts as may be necessary to carry into effect the provisions of this Act.

Questions and answers on inheritance: no children and without a last will

Definition of terms: The New Civil Code of the Philippines (NCC), not the Family Code, governs the issues on inheritance. “Testate or testamentary succession” refers to situations where the person dies leaving a last will; the share in the inheritance is called “legitime”. “Legal or intestate succession” refers to situations where the person died without a last will; the share in the inheritance is called “intestate share”. The person who dies and whose property is to be divided is called the “decedent”. Related posts: Disinheriting your spouse Disinheriting children and descendants, legitimate as well as illegitimate Article 176 of the Family Code: computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half Can nephews and nieces inherit from their grandparents, unmarried aunts or uncles? When a man is married to or living in with several women successively or simultaneously, who has the right to inherit from him? Right of representation Iron barrier between the legitimate and illegitimate sides of the family

Question: My brother’s wife died without leaving a last will. They have no children. Besides my brother, among her surviving relatives are her parents, several brothers and sisters and some nephews and nieces. Who is entitled to inherit from her and what are the shares?

Answer:

1. The New Civil Code of the Philippines (NCC) contains the rules on succession, not the Family Code. (In layman’s terms, succession is inheritance.) Please browse the NCC section of my Family Matters website for the complete provisions on succession.

Since there was no last will and testament executed by your brother's wife, then the rules on legal or intestate succession must be followed.

2. When a husband or wife dies without any children, then under the NCC rules on intestate succession, the compulsory heirs and their respective shares are in their proper order:

A. The surviving spouse gets one-half of the estate, and the surviving parents of the deceased also get one-half.

This is provided by Article 997 of the NCC which states, “When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half.”

B. If the parents are dead, then the surviving spouse gets one-half, and the other half goes to the brothers and sisters, nephews and nieces (representing any deceased sibling of the deceased spouse).

This is provided by Article 1001 of the NCC which states, “Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half.”

Please take note that if the parents are alive (or if only the father or mother is alive, as the case may be), then the brothers and sisters, nephews and nieces will not have a share in the inheritance. This is based on the principle in succession known as “nearer excludes farther.”

The share of the surviving spouse in the community property or in the conjugal partnership property will first be deducted from the estate. The remaining portion after the deduction will then be divided according to the proportions set by Articles 997 and 1001 of the NCC.

3. Article 103 of the Family Code provides the procedure for the liquidation of the community property in case of death. The articles states,

Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void.

Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.

Article 103 is reproduced verbatim in Article 130 of the Family Code. The article governs the liquidation of the conjugal partnership property.

Both Articles 103 and 130 speak of the liquidation of the community property or of the conjugal partnership property in the “proceeding for the settlement of the estate of the deceased.” This proceeding in the settlement of the estate of the deceased is Rule 73 of the Rules of Court. Under Rule 73, any of the compulsory heirs can file a petition in court to have the estate judically settled. To avoid dissipation of the estate, the petition should be filed immediately.

If all the heirs can come to an agreement, however, then they could just execute a deed of extrajudicial settlement of estate. This is much faster and less costly than going to court to have the estate judicially settled.

Family Code of the Philippines: Requisites of marriage, void and voidable marriages, annulment, declaration of nullity, rights and obligations of spouses


More than 30,000 unique and repeat visitors have browsed my Family Matters website since it became online in December 2005. The second most browsed page of this site is that of the Family Code provisions on marriage. Sad to say but the number one question I have been asked by the more than 500 people who have e-mailed me for legal information and Biblical counseling is how a marriage can be annulled or declared null and void.

Be that as it may, as Drs. Les and Leslie Parrott state in their book “Relationships”, 95% of today's singles still deeply desire to be married. As John Eldredge put it in his book “The Journey of Desire”, we were created for intimacy. Or as the Bible puts it, “marriage is honourable unto all.” And so the wedding bells keep ringing ...

Contrary to popular belief, more Filipinos get married in January than in June. So for those of you getting married this month or contemplating marriage sometime soon, I have provided below some information on the requisites of marriage, void and voidable marriages, annulment / declaration of nullity, Article 36 or psychological incapacity, rights and obligations of spouses.

How does the Family Code define “marriage”?

Marriage is 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 not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (Article 1)

What are the essential requisites that make a marriage valid?

Article 2 provides that no marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer.

What are the formal requisites of marriage?

The formal requisites of marriage according to Article 3 are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

What is the effect if an essential or formal requisite is absent?

The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

What is the effect if any of the essential requisites is defective?

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Is a marriage void if there is no record of the marriage certificate on file with the NSO?

The marriage certificate is not an essential nor a formal requisite of marriage. Despite the absence of the marriage certificate in the NSO files, the validity of the marriage is not affected. Other proofs (marriage license, testimony of the solemnizing officer, etc) can be presented to prove the existence and validity of the marriage.

What is the age at which a man or woman can get married?

Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

Is there any prescribed form for the marriage ceremony?

No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

If a party cannot sign the marriage certificate, what can be done?

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer.

Who are authorized to solemnize marriages?

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court's jurisdiction;

(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect;

(3) Any ship captain or airplane chief only in the case mentioned in Article 31;

(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;

(5) Any consul-general, consul or vice-consul in the case provided in Article 10.

Note: The Local Government Code of 1991 restored to the mayors their authority to solemnize marriages

For Filipinos residing or traveling abroad and who want to get married, who can solemnize the marriage?

The consul-general, the consul or vice-consul of the Republic of the Philippines can solemnize the marriage. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official.

What can be done if upon applying for a marriage license, the parties cannot produce their birth certificates?

The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. (Last paragraph, Article 12)

What are the requirements of the Local Civil Registrar if either of the contracting parties were previously married?

In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse. (Article 13)

What is the effectivity of the marriage license once issued?

The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued. (Article 20)

What are the requirements if a foreigner wants to get married here in the Philippines?

When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. (Article 21)

What are the rules for marriages entered into by Filipinos in foreign countries?

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. (Article 26)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Under what circumstances will a marriage license no longer be required?

In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (Article 27)

If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (Article 28)

Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (Article 33)

No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. (Article 34)

What are the rules for marriages performed by a ship captain or a pilot?

A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (Article 31)

What are the rules for marriages performed by a military commander?

A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (Article 32)

What marriages are considered void from the beginning?

Article 35 of the Family Code provides that the following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license, except those covered under the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

What is the famous “Article 36” of the Family Code?

Article 36 provides: “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.”

The Family Code does not have a definition of what “psychological incapacity” is. In the case of Santos vs. Court of Appeals, the Supreme Court stated, “Psychological incapacity under Article 36 of the Family Code is not meant to comprehend all possible cases of psychoses. It should refer, rather, to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. Psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability.”

What marriages are considered incestuous and thus void?

Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood.

What marriages are considered void by reasons of public policy?

The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.

Can a person who finds out that his or her marriage is bigamous simply take the law into his or her own hands and declare that the marriage is void?

No, Article 40 states that the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.

If the husband or wife has been missing for several years and could not be located despite earnest and diligent efforts to locate him or her, can the present spouse get married again?

Article 41 provides that a marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead.

In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

What step should the present spouse take so that he or she can get married again?

For the purpose of contracting the subsequent marriage under Article 41, the spouse present should file a summary proceeding for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

What happens if the spouse declared presumptively dead reappears later on?

The subsequent marriage shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.

What are the effects if the subsequent marriage is terminated?

Article 43 provides that the termination of the subsequent marriage shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;

(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession.

What are the reasons for annulling a marriage?

Article 45 provides that a marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.

Article 45, paragraph (3) speaks of fraud that may annul a marriage. What constitutes fraud?

Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

Who can file for the annulment of a marriage and within what periods?

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;

(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;

(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;

(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage.

What is the duty of the Court in cases of annulment or declaration of nullity of marriages?

Article 48 provides that in all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.

During the course of the trial for the annulment or declaration of nullity of marriages, how can the rights of the spouses and their children as to support, visitation rights, etc be ensured?

Article 49 provides that during the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided for in Title IX. It shall also provide for appropriate visitation rights of the other parent.

What are the things to be decided upon by the Court in cases of annulment or declaration of nullity?

Article 50 provides that the final judgment of the Court shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitimes, unless such matters had been decided upon in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation.

How can the rights of the children be guaranteed?

Article 51 provides that in the partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the enforcement of the judgment.

Does this mean that the children will no longer inherit from their parents?

No, the delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime.

What are required to be done with the judgment, partition, etc?

The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.

When can the former spouses get married again to other persons?

Article 53 provides that either of the former spouses may marry again after compliance with the requirements of Article 52; otherwise, the subsequent marriage shall be null and void.

What is the status of the children in such cases?

Article 54 provides that children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.

The rights and obligations of husbands and wives

The rights and obligations of husbands and wives are covered by Title III of the Family Code, specifically from Articles 68 up to 73. Please surf over to my Salt and Light blog for a primer on the rights and obligations of husbands and wives, plus a discussion on the Biblical views about the roles of men and women.

Article 68 provides that “the husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.” Speaking of love and respect, you might also be interested in reading my article entitled “Love and Respect” which discusses Ptr. Emerson Eggerichs’ view that a woman’s deepest need is love while a man’s deepest need is respect. Without love, a woman reacts without respect. Without respect, a man reacts without love.