The Family
The Family
(http://www.victorialaw.ca/practice/family)
A.
Definition of Family & Marriage (Philippine
Constitution and Family Code of the Philippines)
The Philippine
Constitution recognizes that the basic foundation of the Filipino nation is the
Filipino family. Hence, the State shall strengthen its solidarity and promote
its total development, particularly defending the following:
1.
Marriage as an inviolable social institution;
2.
Rights of spouses to found a family;
3.
Right of children to assistance (such as proper
care, nutrition, neglect, abuse, cruelty, exploitation, etc.);
4.
Right of a family to family living wage and
income; and
5.
Rights of families or family associations to
participate in planning and policies/programs implementation.
And as stated
by the Philippine Family Code, family relations are governed by law and no
custom, practice or agreement destructive of the family shall be recognized or
given effect.
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.
Reflection:
In
the Book of Genesis of the Bible, when God created man, He also created woman out
of the rib of man to become man’s wife. Man shall leave his father and mother
and join his wife, and they shall become one flesh. So from the spiritual view
alone, we can already infer that God intended humans to form their own family
and multiply. Similarly, the Philippine, as a State, also recognizes that the
basic foundation of the Philippine nation or society is family.
Formation of a family begins with the
union of a man and a woman called marriage. Marriage is sacred. Both man and
woman must be capable and responsible enough before marrying. It should start
from knowing each other well and all the way to fully understanding and
accepting each other’s condition, including status in life, weaknesses and
differences. Once this process is by-passed, the tendency is a situation
resulting to failure of marriage and broken family which ultimately leads to
broken nation/society. We see this phenomenon happening in our society every
now and then. Family is broken because of incompatibilities between couples. Even
our respected leaders and idolized figures in the society experience this. Often,
children are the ones suffering the most.
As specified by the Philippine Constitution, the State is responsible
for promoting a family’s total development and strengthening the solidarity of
a family. Yes, but I personally believe that the primary responsible for these
are the husbands and wives themselves, while the State is just secondarily responsible.
Nonetheless, no matter how the government does its best to protect the rights
of spouses, children, family and family associations, there seems to be a lot
of improvements still needed to ensure adequate assistance are provided to
children and living wage or income are received by families. We often hear news
about child exploitation, abandonment, abuse and malnutrition. It appears that
the efforts of government are not enough to control these social problems. But
we cannot put the blame to the government alone. We should also remember that
the root cause of these problems often originate from irresponsible parents.
(http://www.perryscale.com/various-scales.htm)
B.
Rights and Obligations of Between Husband and
Wife
Title III of the Philippine Family Code
defines the rights and obligations between a husband and a wife. It is stated
there that the husband and wife are obliged to live together, observe mutual
love, respect and fidelity, and render mutual help and support. Given this,
both spouses have the right and duty to manage household and are jointly
responsible for the support of the family.
Reflection:
Although
the law clearly states the rights and obligations between a husband and a wife,
ironically there are a lot of couples in our society who don’t live together,
who cheat each other and who live independently of each other’s help and
support. Some of them are well known in our society, and sad to say, they are even
being idolized by the people, instead of being condemned or held liable for
their actions. There are also cases where responsibilities are solely
shouldered by one of the spouses. Families are abandoned either by the mother
or the father, resulting to single parent scenario.
(http://owen.ca.uky.edu/Scattering_Kindness)
C.
Parental Authority
Title IX of the Philippine Family
Code talks about parental authority. Natural rights and duty of parents over
the person and property of their unemancipated children are the basis of parental
authority and shall include the caring for and rearing for civic consciousness,
efficiency and development of children moral, mental and physical character and
well-being. The father and the mother shall jointly exercise parental authority
over the persons of their common children, and in case of disagreement, the
father’s decision shall prevail. In return, children are shall always observe
respect and reverence towards their parents and obey them. Parents have the
rights and duties, among others, to support, educate, give love, advice,
provide moral and spiritual guidance, inculcate values, demand respect and
impose discipline.
Reflection:
Similarly, in the Bible, God told Eve
that her desire will be for her husband, Adam, and Adam will rule over Eve.
That’s why in our society and even in our law, the husband’s decision shall
ultimately prevail over that of the wife in case of disagreement in parental
authority. In the Philippine law, the parents are expected to provide all the
needs of the children from physiological, safety, intellectual, emotional up to
moral and spiritual needs. These are the responsibilities of the parents from
birth of the children up to the time that children are emancipated. It is from
the parents that children first learn about values. In return, the parents have
the authority over their children to command respect, obedience and discipline.
Given this, one can infer that it is hard to become parents because the
responsibilities attached are seriously heavy, and becoming parents demands
both husband and wife to be selfless for the sake of their children.
Overall
Reflection:
Having own family and being a parent is a
lifelong endeavor of every human. It entails great duties and
responsibilities, whether natural or provided by law. It is through the union
of a husband and wife that another generation is born and nurtured, and the
cycle just continues to go on, so it is critical that the foundation of a
family must be strong enough to withstand various challenges. Both husband and
wife must devote time, energy, resources and lives to form a strong family
foundation. But unfortunately, many in the society don’t realize that. Many
simply take marriage lightly without understanding what family building is all
about. They don’t practice family planning. Often, they are not prepared nor
ready to handle responsibilities (either psychological or financially
unprepared). Or worse, some just satisfy their sexual desires even outside of
wedlock which results to unwanted pregnancies that eventually leads to poverty
and later on problem of the entire society. In the absence of parental
guidance, children don’t fully learn what is right from wrong, which becomes
their cause to commit indecent or sometimes felonious acts. Sometimes, due to
lack of education, the parents themselves do not know what is right and wrong. Then,
the cycle continues, just like a domino effect. So the best way to solve the
problem of the society is, perhaps, to start the assessment from our own
families. If we see gaps in the responsibilities being either the husband, wife
or children, let’s start filling-in those gaps to avoid bigger problems in the
future that may eventually become part of our nation/society’s problem. That
way, we can be good example to others and influence them to live the same way
that we do. On the part of the government, I think the government should focus
on educating people because lack of proper education is one of the perennial problems
of the society that contributes to family failures.
References:
1. Texts
http://laws.chanrobles.com/otherlaws/1_otherlaws.php?id=1
http://www.chanrobles.com/executiveorders/1987/executiveorderno209-1987.html#.U6-aTLtZqW8
2. Images
http://www.victorialaw.ca/practice/family
http://www.perryscale.com/various-scales.htm
http://owen.ca.uky.edu/Scattering_Kindness