HOW OUR FAMILY CODE
HAS BEEN OUTDATED AND UNFAIR TO WOMEN.
Sample Case 1:
A housewife with 2 kids, her husband a Seaman. Their
marriage begun to crumble when the husband started having affairs. The wife
wanted to be separated but the husband threatens to cut financial support and
will always use this to gain his way back to the wife. The wife has been
physically abused and had already been traumatized always fearing when her
husband will come home after completing his contract and she is always in fear
of being abused. The husband exploits her wife’s weakness, which are their kids.
Her Friends told her to report to the women’s desk seek
medical certificate for the abuse and file a case against her husband under
RA9262 or violence against women and children act.
But her biggest fear?
What will happen to the Kids? Who
will support them?
1.
Filing a case! If it is successful would put her husband in
Jail certainly no child support.
2.
Filing for an Annulment would cost so much and
where will she get the cash for that and how long in Philippines lucky to get
it done In 5 years and a lot of money.
3.
Become independent from her husband and separate
but she has not been working for a decade she lost confidence in finding a job
or to be qualified in one. Psychologically being a battered wife has taken its
toll in her self esteem.
4.
Ultimately she goes back to being the housewife
and the cycle of abuse starts again.
Is there really an immediate and urgent option for her? When
Physical abuse under Philippine laws is not an acceptable reason for annulment?
And financial status plays a pivoting role in her decision to fight abuse.
Sample Case 2:
An OFW wife. She left for Japan to provide for her children
leaving her husband in care of their family. While the wife earned for her
family the husband has purchased properties in the Philippines under his name
and later under her another woman’s name and left the OFW in great despair. They
separated for years but the properties purchased being fought to.
1.
Under the Philippine law all properties gained
by either party during the marriage are conjugal property or shared by husband
and wife.
2.
Properties purchased by the other women still
needs to be proven if it came from the husband.
3.
Since Infidelity is not ground for annulment all
properties purchased by the wife will still be under conjugal property.
4.
The husband may be found guilty of concubinage
but convicting him still doesn’t nullify the marriage and conjugal property
still applies.
So what is left is either you spend a hefty sum of money for
annulment or you better not purchased any property under your name and lost
that simple right to own for yourself. The root is would be the annulment
process and its qualifications.
So let us check one by one about this process.
Current Grounds for Absolute
Nullity of Marriage in Philippines.
Or simply called
Invalid or Void Marriages.
1.
Either party is below 18 years of age, even with
the consent of parents or guardians
2.
Marriage was performed by unauthorized person.
3.
Marriage performed without license or not filed
any.
4.
Bigamous or Polygamous or Married more than once
without nullifying the previous.
5.
Marriage with mistaken Identity of either party.
6.
Insanity or one is psychologically incapable.
7.
Incest or marriage with siblings.
If above items exist its automatic null and void or is your
marriage is not legal.
If Marriage is legal and you want to file for Petition of Annulment then...
Current Grounds for Annulment
of Marriage in Philippines.
1.
Either party was 18 years of age or over but
below twenty-one, and the marriage was performed without the consent of his parents or guardian.
2.
Insanity or one is psychologically incapable.
3.
Consent of either party was obtained by fraud.
4.
Impotency or physically incapable of
consummating the marriage.
5.
Found with sexually-transmissible disease that
is incurable.
Currently still not Grounds for annulment:
1. Physical and Emotional abuse
2. Infidelity or having extra marital affairs
3. Separation by both parties
4. Spouse was convicted with a crime
5. Abandonment
6. Drug addiction
7. Alcoholism
8. And homosexuality
As of now until the proposed house bill is signed and made into law there is only limited grounds for annulment and the process as with all Philippine cour proceedings are streneous and will take a lot of time and money. Until it is streamlined some women who feels agraved by the outdated laws will still have to wait and that's the sad part.
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