Medico Legal Aspect of Marital Union and Dissolution. Reported by: Josefina Marabe Maranon Josephine A. Ignacio (Both mothers and wives). A. As to requisites of a Valid Marriage. Art.52, Civil Code:.
Josefina Marabe Maranon
Josephine A. Ignacio
(Both mothers and wives)
Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and incidents are governed by law and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations during the marriage.
No marriages shall be solemnized unless these requisites are complied with:
1. Legal capacity of the contracting parties;
2. Their consent, freely given
3. Authority of the person performing the marriage; and
4. A marriage license, except in marriage of exceptional character (Sec. 1a, Art. 3613)
Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards, not under any of the impediments mentioned in articles 80 to 84, may contract marriage. (Arts. 80 to 84 refer to viod and voidable marriages)
The husband and wife are obliged to live together, observe mutual respect and fidelity and render mutual help and support.
The husband shall fix the residence of the family. But the court may exempt the wife from living with the husband if he should live abroad unless in the service of the Republic.
The husband is responsible for the support of the wife and the rest of the family. These expenses shall be met first from the conjugal property, then from the husband’s capital and lastly from the wife’s paraphernal property. In case there is a separation of property, by stipulation in the marriage settlements , the husband and wife shall contribute proportionately to the family expenses.
The husband is the administrator of the conjugal property, unless there is a stipulation in the marriage settlement conferring the administration upon the wife. She may also administer the conjugal partnership in other cases specified in this code.
1. Fear of consequence of repeated abortion.
2. Fear of unwanted pregnancy.
3. Faulty contraceptive methods. There is inadequate opportunity for orgasm.
4. Dyspareunia (Vaginisimus, or improper sex technique).
5. Fear of coitus.
6. Emotional frustration due to fertility.
7. Ignorance of the reproductive process and genital anatomy.
8. Aversion to coitus (frigidity).
9. No sex desire (low basal metabolic rate found).
10. Anatomic cause of dissatisfaction in coitus:
a. Tight resistant septate hymen
b. Size and location of the clitoris.
c. Extreme obesity of either husband or wife.
d. Infantile genital development./
e. Pelvic abnormality, e.g. parametritis, torn perineum.
11. Disparity in age.
12. Venereal disease.
13. Masturbation preferred to coitus.
1. Recent childbirth
2. Desire to space offspring
3. Desired number of children already born
4. Medical condition of the wife does not warrant pregnancy, e.g. hyperthyroidism, nephritis, tuberculosis, diabetes, heart disease, deaf-mutism, blindness or convalescence after acute illness such as typhoid fever or pneumonia, or after acute surgical procedure as appendectomy or rectal fistula.
5. Mental illness or emotional disturbance of husband and wife.
6. Economic conditions:
a. Unemployment of the husband
b. Wife sole or co-wage earner
c. Support or dependents
d. Desire to complete education or professional training
7. Dissatisfaction of either or both partners with menthod of contraception employed
8. Failure of other methods used.
2. Tight thick hymen
3. Fear of pain or inability or inability to stand pain
4. Ignorance of genital anatomy
5. Ignorance of sex technique
6. Fear of pregnancy
7. Sense of shame regarding genitals and coitus.
1. Contraceptive Methods in General
b. Coitus interrupts with douche
1. Male sex inadequacy
2. Prolonged debilitating disease of one of the partners
3. Anxiety over economic security
4. Manual clitoral stimulation preferred to coitus
5. Too frequent pregnancy
6. Lack of privacy (poor housing)
7. Husband’s preference to perversion
8. Cultural aesthetic inequalities between parties
9. Faulty attitude of husband and wife toward normal sex and marriage intimacies.
A marriage may be annulled for any of the following causes, existing at the time of the marriage:
Art. 97, Civil Code:
A petition for legal separation may be filed:
1. For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code; or
2. An attempt by one spouse against the life of the other.
Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.
Adultery shall be punished by prision correccional in its medium and maximum periods.
Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.
The concubine will suffer the penalty of destierro.