These insights started with my reading of the Geert Hofstede description of the Philippines as a power-based, hierarchical society and were brought into clear focus a couple of blogs ago about the matter of honor at the Philippine Military Academy.
But all that is not the subject of this blog. The subject of this blog is the way Government inserts itself into family affairs rather than giving individuals the right to determine how the family engages, within very broad parameters of fair play. That is, it seems to me that Family Law in the Philippines reflects the top down authoritarian way of Philippine social practices rather than the citizen-up freedom/accountability model of U.S.social practices.
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As I was composing this, Rappler published an article that took the Family Code (and Revised Penal Code) to task for failing to give women equal rights to men. I nodded a certain understanding to their complaint.
The Family Code was crafted in 1988 . . . back in the stone ages of societal awareness. When laws become outdated because social awareness grows, then the laws can end up HINDERING happiness, health and productivity . . . and fairness. So some rethinking is definitely in order.
My point in raising this matter is to state there is a certain pragmatism and understanding of Philippine ways in the crafting of the laws. The attorneys who wrote the Family Code were aware of poverty and its implications.
So there are three ways out of a marriage: discover that your husband was married before, is dead, or was crazy or criminal when you got married. And good luck paying for the attorneys and psychiatric tests and shrinks and court fees to get that done.
I was set back by this section because it appears the much vaunted Filipino family ties are MANDATED. I thought they were voluntary, from the heart. But parents are obligated to care for their kids and kids are required to care for their parents. And brothers and sisters. Unless they are illegitimate, or course. Dump the little illegitimati penniless onto the street.
You have to understand that this is dramatically different from the American style. I was effectively on my own at age 16, working and putting myself through college. My parents only had high-school degrees and little money but they taught the good values of hard work and clean living. As I got older and had a well-paying job, I also knew that if I tried to give my parents financial help, they would take offense. Self-sufficiency is a matter of huge pride.
We see codified in the law a mandated obedience for care of the family, versus a voluntary, self-motivated, from the heart, caring of the family. The former ensures enduring acrimony because there is no mechanism for release of conflict. The latter, if carried into law, would require public attention only to those disputes not resolved by the parties themselves.
We see codified in the law a mandated bondage for spouses of negligent mates. The Philippines is the last nation on earth to come to a fundamental enlightenment that divorce is a kind human right, and bondage is unkind.
If you think the Family Code does not give Filipinos enough credit for being able to take care of themselves responsibly, give Senator Poe a second bill to write. A bill that takes the established Family Code out of commission and replaces it with a bill that:
Divorce is not allowed, but divorce and lying combined is allowed. Not a single annulment was ever pronounced on one of the grounds you mentioned. All were on psychological incapacity. All judges know that that is not true, all prosecutors know that that is not true, all lawyers now that that is not true, all psychologists know that that is not true, all witnesses know that that is not true, the public at large knows that the only real ground for annulment is spare money to share with judges, prosecutors, lawyers and psychologists. The amount only depends on the speed required and the status of the people involved. (10,000 annulments at PHP200,000 on average is a 2 billion yearly business for the judiciary)
In my country we have tough laws for outstanding debts to the treasury. As the treasury pays advances to women who do not receive their rightful allowances from their husbands, you get utang to the treasury by not paying your dues to your spouse.
Absorbing perspective, Geng. We are quite foolish people, and there is a refreshing wisdom to tribal ways. I share your wishes for a law that uplifts the individual, and is enforceable. And a simple, quick judicial process.
Your third preamble shows your ignorance of family law in the US. Of course, the US has laws regarding family and matrimonial issues such as divorce, child support, child custody, property division between spouses, and related matters. But these laws are left to each State to determine and most of these laws are uniformly similar in all the States.
Americans are a specialized breed. Lawyers, social workers, mental health practitioners, and law enforcers have to know about family law. For citizens who specialize in other fields, there is only a need to know family laws when a situation arises that infringe on their human rights.
Yes. We need to end the squatter problem because unscrupulous politicians are exploiting them. I just read that Joseph Estrada gave a notice to 3 oil companies to vacate their Pandacan premises. He does not do something about the squatter problem in Manila because they vote for him and his political allies but he can intimidate productive industries.
As for parents, a responsible person does not need a law to take care of their parents/grandparents if needed. We assisted my parents whenever they need it when they were alive. We took care of my father-in-law when he suffered from cancer. He stayed with us and we took care of him until he fully recovered. He likes his independence so he went back to his home when he got healthy. We moved my mother-in-law and her widowed sister in town so we can be there if they need something as they are getting up there in years. There is no US law obliging us to do so.
Yes, individual accountability (US laws) and firm punishment of those who harm others, versus mandated group dependencies (Philippine laws) and weak or arbitrary systems of punishment. The Philippine system appears to constrain responsible people from making decisions that improve their lives (divorce), while negligent people get away with cheating.
2. I think the age of independence should vary according to intelligence, aptitude and parental support.
2.1. Assuming a K12 educational scheme, a child will begin schooling at age 4 and complete Year 12 at 16 or 17.
2.1.1. Year 10 is generally taken to be the equivalent of High School.
2.1.2. Year 12 is generally taken to be the equivalent of the first 2 years of a baccalaureate.
3. An Aptitude Test is usually given at the end of Year 12. This is known as SAT (US),
HSC (Australia) and CET (India). This should be used as the basis for admission to college and selection of a degree. Note that some governments offer higher education loans, scholarships or even free higher education.
3.1. Those who do not finish Year 12 or do not take the Aptitude Test, have the choice of going to a vocational school (providing they complete Year 10) or taking an apprenticeship. For these people, they can be independent at age 18.
3.4. For those with high scores, they can take a three-, four-, five- or higher- year course in dentistry, science, engineering, medicine, physics or whatever. For these people, they can be independent at the age 21, 22 or 23, or whenever they complete their studies.
Filipinos, including myself are all developmentally delayed in all aspects of life. We only learn to develop when we are exposed to all the things that are happening outside of our little circles. I really hope that with technology we will learn what we should improve on.
The irony about the Philippines and American family code (if it exist) is that, for most part, Philippine laws will let the couple work out their problems before interfering. (Goes down to baranggay level where the tanods will tell the spouse to sort our their problems), meanwhile, in the US, the government seem to automatically intervene as long as someone has filed something.
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The Probate and Family Court Department handles court matters that involve families and children, like divorce, child support, and wills. The Probate and Family Court Department's mission is to deliver timely justice to the public by providing equal access to a fair, equitable, and efficient forum to solve family and probate legal matters and to help and protect all individuals, families, and children impartially and respectfully.
Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. In criminal cases, the government prosecutes individuals for violating those laws (in other words, for allegedly committing a crime). Punishment in criminal cases can include fines, community service, probation, or prison.
Civil cases involve conflicts between people or institutions such as businesses, typically over money. Civil cases include lawsuits for money, landlord/tenant matters, breach of contract claims, and cases where one person is trying to make someone else do something (for example, sell some property) or stop doing something (for example, stop a foreclosure).
Family cases are a type of civil case, but they generally involve issues between or concerning spouses, parents, and children. Family courts handle a wide variety of cases involving domestic matters. The most common issues handled at family court include:
Marriage Dissolution. When someone wants to end a marriage, they can file a case at family court to ask for a court order ending the marriage. Marriages can be terminated through divorce or annulment cases. The court can also grant a separate maintenance, where the court issues orders regarding property, alimony, and child custody, but the parties remain legally married. You can find more information on the Divorce, Annulment, or Separate Maintenance sections of this site. 152ee80cbc
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