LEGAL CHIKA
Raquel P. Getigan
Earned Bachelor of Laws degree at Manila Law College and Bachelor of Arts in Psychology at Philippine Normal University. She’s an educator by profession and Apprentice at Atty. Romeo Sese Law office.
Valentines day was mostly celebrated everywhere despite the pandemic. People are still happy to share the love day with their loved ones through other means.
Philippine Law possibly in some way conflicts with love. Here are some categorically endearing and comical legal matters about love:
First, the Family Code of the Philippines states that, “Marriage is a special contract of a permanent union between a man and a woman entered into it, in accordance and bound with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution.” Have you noticed that based on this, love is not a significant element in marriage? Likewise, it was not even stipulated. Consequently, love is immaterial in contracting marriage.
However, in the Philippine Civil Code Article 1156, obligation is defined as a juridical necessity to give, to do, or not to do. Although, the civil code does not directly state the specific type of obligation. Seriously, have you experienced that you are obliged to do something, what to give and what not to give in a certain relationship? Well, it is mandated.
The Supreme Court jurisprudence declares that there is also injustice in sex. In Tsoi vs Court of Appeals. Justice Justo Torres Jr said: “Love is useless unless it is shared with another. Indeed, no man is an island, and the cruelest act of a partner in marriage is to say “I could not have cared less.” This is because an ungiven self is an unfulfilled self. The egoist has nothing but himself. In the natural order, it is sexual intimacy which brings spouses wholeness and oneness. Sexual intimacy is a gift and a participation in the mystery of creation. It is a function which enlivens the hope and procreation and ensures the continuation of family relations.” The Supreme Court decided to null and void the marriage due to the complaint of the wife that they were not having sex with the husband.”
Lastly, to end the law conflicts with love, the jurisprudence of the Supreme Court, states that, “The heart has a reason of its own which reason does not know” in Chua-qua vs Clave. This landmark ruling had confirmed that love can win despite the odds.
Law is an ordinance of reason promulgated for the common good by one who is in-charge of society. Hereafter, in the occurrence of ambiguity in a relationship, universal law ruled that love is bestowed to be certain and just.
Spread the love and continue to love and be loved.
