LEGAL TIDBITS: FAMILY LAW

Marriage is something more than a mere contract. It is a new relation, the rights, duties, and obligations of which rest not upon the agreement of the parties but upon the general law which defines and prescribes those rights, duties, and obligations. Marriage is an institution, in the maintenance of which in its purity the public is deeply interested. It is a relation for life and the parties cannot terminate it at any shorter period by virtue of any contract they may make. The reciprocal rights arising from this relation, so long as it continues, are such as the law determines from time to time, and none other. When the legal existence of the parties is merged into one by marriage, the new relation is regulated and controlled by the state or government upon principles of public policy for the benefit of society as well as the parties. (Eloisa Goitia vs. Jose Campos Rueda,G.R. No. 11263, November 2, 1916)

Refusal of a husband to make love to his wife on their wedding night and for 10 months thereafter constitutes psychological incapacity, the ground for annulment of marriage. Love is useless unless it is shared with another. (Chi Ming Tsoi vs. Court of Appeals, et al., G.R. No. 119190, January 16, 1997)

Homosexuality per se is only a ground for legal separation. It is its concealment that serves as a valid ground to annul a marriage. (Manuel G. Almelor vs. RTC of Las Piñas City, et al., G.R. No. 179620, August 26, 2008)

Irreconcilable differences, sexual infidelity or perversion, emotional immaturity and irresponsibility, and the like, do not by themselves amount to psychological incapacity, the ground for annulment of marriage. (Ricardo P. Toring vs. Teresita M. Toring, et al., G.R. No. 165321, August 3, 2010)

An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. (Joey D. Briones vs. Maricel P. Miguel, et al., G.R. No. 156343, October 18, 2004)

An illegitimate child who is not recognized by the father bears only a given name and his mother's surname, and does not have a middle name. (Republic v. Capote, G.R. No. 157043, February 2, 2007)

There is no law regulating the use of a middle name. Even the Family Code is silent as to what middle name a child may use. (In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, G.R. No. 148311, March 31, 2005)

A man who underwent sex reassignment surgery cannot have his gender in his birth certificate changed from “male” to “female”. (Rommel Jacinto Dantes Silverio vs. Republic of the Phil., G.R. No. 174689, October 19, 2007)

A girl who biologically develops male characteristics in adolescence may have entries in her birth certificate changed -- from “Jennifer” to “Jeff” and from “female” to “male”. (Republic of the Phil. vs. Jennifer B. Cagandahan, G.R. No. 166676, September 12, 2008)