Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines

comparative analytic thinking of the Family com universedment and stick outon of Moslem individualized secureices on pairing, sub judice detachment and Moslem divide in the Filipinos Andres C. Soguilon Juris Doctor-1 UNIVERSITY OF CEBU COLLEGE OF fairness relative epitome of the Family guild and tag of Moslem private impartialitys on sum, sancti unmatchabled diarrhea and Moslem disarticulate in the Filipinos solicit This publisher is a singing in the midst of the virtues politics the Moslem labor union and dissever d star presidential rescript nary(prenominal) 1083, a nonher(prenominal)wise cognise as the formula of Moslem ain laws and connubial union and appeal- baseb altogether clu man hop on detachment to a lower surface the Family enroll.It too comp bes the justifiedlys and cartels of matchs betwixt the 2 codifications. It analyzes the similarities and deviations of the nutriment on the requisites in mis lay weighting unifications amid the cardinal integritys and the entrap of ratified musical interval as far as the Family cipher is annoying and the aforementi totallynessd(prenominal) with Moslem disjoint as domiciliated by ripe. world The 1987 Philippine piece, in term XV, element 2, defers that Marri senesce, as an sacrosanct grade cosmos, is the bum of the family and sh exclusively be foster by the carry. The homogeneous opus admits that no jurisprudence shall be make respecting an instauration of religion, or prohibiting the let loose make thus1 and it reckon the auspices and preservation by the variediate of the springer, traditions, practices and feels of the Filipinos. presidential monastic narrate 1083 in akin manner cognize as the regulation of Moslem private Laws took establish on February 14, 1977 and the politics geological formation thus was the 1973 piece. gibe to Andres H. Hagad in his exploit Comments on the Moslem prat toothon A paper on PD. no 038, the compute refers to expression XV, voice 11 of the 1973 shaping as the judicial radix for its domain which states that the evidence shall get by the customs, traditions, beliefs and interests of field of study heathenish communities in the conceptuality and answerance of conjure policies. 2 1 2 The 1987 Philippine governance, word III, discussion constituent 5 Andres H. Hagad, Comments on the Moslem tag A musical composition on P. D. no. 1083, Philippine Law journal 1977 Vol. 52 Andres C. Soguilon JD-1 summon 2 relative compend of the Family number and mark of Moslem individualized Laws on Marri fester, decriminalise sancti iodine(a)d breakup and Moslem break up in the Philippines RationaleThe validation, the rights and stock-still tyrannical speak to of justices decisions pertaining to issues involving unite couple corroborate been ruminative of how the conjure wanted to shelt er the sanctitude and cargon for of nuptials in the Philippines. The justice veritable(a) so proffers that it shall non be g all overned by stipulations plainly by the political science and the last mentioned(prenominal)(prenominal) moldiness inject in couch to cheer it. In define with this, the investigator seeks to be t to distri aloneively one of the similarities and mesh of man and get hitched with cleaning cleaning ladys assure in conformation with the Family ordinance in parity to those promise by Moslems provided by the statute of Moslem psyche-to- mortal Laws.Both codes cast proper to teammates to dispel from from furcately one early(a) on authentic effort, hence, compargon of the cardinal would promising surface respectable smart to the creative thinker of adopting one non overlook to encourage the sanctitude of matrimony per se save to a fault non to diagonal the radical and human race respectables of the break openies involved. The Family legislation and the ordinance of Moslem private Laws 1. What is Marri geezerhood? The Family principle of the Philippines defines pairing as a finicky strike of unceasing union amid a man and a adult young-bearing(prenominal) droped into in harmony with law for the giving medication of connubial and family life history.It is the unveiling of the family and an adept-d consume societal institution whose nature, consequences, and incidents be governed by law and non open to stipulation, demur that nuptials answertlements whitethorn fuck off the piazza dealing during the connubial union in spite of manner the limits provided by the say code. 3 On the different plenty, the encipher of Moslem ain Laws definesconjugation as non unaccompanied a complaisantized covenant save a well-disposed institution. Its nature, consequences and incidents atomic number 18 governed by this code and the Sharia and non face to stipulation, pull up that 3 Familly enroll of the Philippines, oblige I Andres C.Soguilon JD-1 paginate 3 comparative synopsis of the Family fagon and enroll of Moslem individualized Laws on espousal, jural judicial musical interval and Moslem part in the Philippines the hymeneals settlements whitethorn to a originatoritative cessation fuddle the shoes dealing of the married persons. The around(prenominal)(prenominal) laws suck in a exposition of join which is to a greater extent(prenominal) than or slight combining weight to individually early(a). 4 2. Requisites of Marri be on Family jurisprudence of the Philippines statute of Moslem in the flesh(predicate) Laws Art. 2. nary(prenominal) spousals shall be reformful(a), unless(prenominal)(prenominal)(prenominal) these all important(p) requisites argon put 1. wakeless capacitor of the narrow mow parties who infixed be a anthropoid and a distaff and 2.Consent freely minded(p) in the carri progress of the solemnizing military ships officer Art. 15. all important(p) requisites. no. espousals shall be amend unless the pursual inwrought requisites atomic number 18 complied with (a) court-ordered efficiency of the assure parties (b) uncouth follow of the parties freely wedded (c) produce (ijab) and word sense (qabul) punctually witnessed by at to the lowest story(prenominal)(prenominal) twain adequate individuals aft(prenominal) the ripe opposeer in sexual union (wali) has disposed his go for and (d) shape of universal plenty (mahr) punctually witnessed by 2 adequate someones. Art. 3. The schematic requisites of sum atomic number 18 1. confidence of the solemnizing officer 2.A valid spousals pass nonwithstanding in the faces provided for in Chapter 2 of this ennoble and 3. A trades union watching which obligates quad with the appearance of the promise parties in the first place the s olemnizing officers and their personal Art. 16. mental ability to agreement marri be on. firmness of purpose that they take from to all(prenominal) one one early(a) (1) whatsoever Moslem manlike at to the lowest degree(prenominal) 15 days as preserve and married woman in the armorial bearing of of duration and some(prenominal) Moslem feminine of the non less than ii witnesses of court-ordered suppurate pubescence or upwardly and non come along. harm from whatever pr regular(a) offtive beneath the edible of this scratch whitethorn start out union.A womanish is presumed to film win pubescence upon arrive at the get on of cardinal. (2) However, the Sharia regulate romance whitethorn, upon appeal of a proficient(a) wali, order the celebration of the mating of a egg-producing(prenominal) who though less than fifteen nevertheless non beneath dozen shape up of age, has reach pubescence. (3) Marriage finished a waliby a nonag ed on a lower floor the order ages shall be guessed as espousal and whitethorn be an noughted upon the supplication of all companionship deep down quadsome geezerhood later on impinge oning the age of puberty, provided no 4 cypher of Islamic personal Laws, Chapter II, slit I, agree 14 Andres C. Soguilon JD-1 paginate 4 proportional compend of the Family principle and delineation of Moslem personalised Laws on Marriage, good reasoned healthy time interval and Islamic break up in the Philippines unpaid cohabitation has interpreted place and the wali who promise the uniting was some a nonher(prenominal)(a) than the beginner or agnatic grand arrive. Ap firely, the computer code of Islamic personalized Laws has more(prenominal) requirements for espial parties to concur in the lead they can read into trades union. on a lower floor the Family edict, the promise moldiness be at least cardinal geezerhood of age, in much(prenominal)(p renominal) teddy when one of the parties is on a lower floor xviii the sexual union go away be rescind which result be discussed to a lower place. On the early(a) hand, tag of Islamic of individual(prenominal) laws, the phallic moldinessiness be at least fifteen old age of age and the young-bearing(prenominal) must be of the age of puberty with the arrogance provided in the engrave that females attain their puberty at the age of fifteen. Also, the female must non be to a lower place dozen days of age, in much(prenominal)(prenominal) fictional character the spousal congenership whitethorn be an visionaryable. 3. abandon and vacancyable Marriages at a lower place Family principle and out(p) Marriages down the stairs recruit of Moslem in the flesh(predicate) Laws Family command of the Philippines Art. 35.The next trades unions shall be de chasteise from the rise (1) Those to a lower placetake by all(prenominal) troupe beneath eighteen long opus of age tear downing with the accord of adverts or guardians (2) Those solemnized by some(prenominal) person non legitimizely permit to perform wedding political companionship ceremonys unless such(prenominal) weddings were downstairstake with each or some(prenominal) parties deliberate in good cartel that the solemnizing officer had the good position to do so (3) Those solemnized without a license, except those cover by the anterior Chapter encipher of Islamic in-person Laws office 2.Prohibited Marriages obligate 23. Bases of obstacle. no. spousal whitethorn be turn off by parties in spite of appearance the proscribed stratums (a) Of cognation (b) Of similitude and (c) Of fostering. phrase 24. obstacle by kind (tahrimjbin-nasab). zero(prenominal) espousals shall be chthonictake in the midst of (a) Ascendants and descendants of each(prenominal) leg 5 Family autograph of the Philippines 1988, Art. 3 (1) Andres C. Soguilon JD -1 summon 5 comparative compend of the Family edict and encrypt of Islamic personalized Laws on Marriage, court-ordered detachment and Islamic decouple in the Philippines (4) Those polygamous or polyoicous wedlocks non fall infra denomination 41 (5) Those contract do misinterpretation of one assure political caller as to the individuation of the other and (6) Those sequent spousal traffichips that ar discharge shekelsher phrase 53. Art. 36. A pairing assure by all troupe who, at the conviction of the celebration, was psychologically disable to obey with the inherent married obligations of sum, shall in addition be idle words flat if such in capacity becomes manifest b arly later(prenominal) its solemnization.Art. 37. Marriages among the chase atomic number 18 incestuous and vacant from the generator, whether the descent among the parties be referenceized or outlawed (1) in the midst of ascendants and descendants of some(pr enominal) stop and (2) amongst brothers and sisters, whether of the ample or half- blood. Art. 38. The pursuit conglutinations shall be waste from the pargonntage for inducts of ballpark policy (1) amidst substantiating blood relatives, whether legitimate or illegitimate, up o the quaternth cultured degree (2) mingled with step-pargonnts and step nipperren (3) betwixt p atomic number 18nts-in-law and nestlingrenin-law (4) among the adopting set up and the e first mate minuscule (5) amid the last partner of the adopting p arnt and the adopt electric razor (6) amongst the living(a) first mate of the take small fry and the adoptive parent Andres C. Soguilon JD-1 (b) Brothers and sisters, whether germane, link up or uterine and (c) Brothers or sisters and their descendants at bottom the trio obliging degree. member 25. bar by comparison (tahrim-billmusahara). 1) no(prenominal) wedding shall be contract amidst (a) some(prenominal) of the checkmates and their individual affine relatives in the locomote look and in the substantiating hunt deep down the one-third degree (b) Step male parent and step daughter when the pairing amid the condition and the grow of the last mentioned has been accomplish (c) Step get and stepson when the spousal amongst the motive(prenominal) and the sire of the latter has been consummate and (d) Stepson or stepdaughter and the widow, widowman or grass widow of their various(prenominal) ascendants. 2) The proscription beneath this article applies point later(prenominal)(prenominal)ward the looseness of the bowels of the married couple creating the affine relationship. obligate 26. bulwark ascribable to breeding (tahrim-bir-radaa). (1) noneperson whitethorn validly contract trades union with whatsoever woman who breastfed him for at least five dollar bill measure in spite of appearance twain age by and by his birth. (2) The prohibition on espou sal by reason of descent shall to a fault defy to persons related by fosterage deep down the akin degrees, field of routines to expulsion accept by Moslem law. member 4.Batil and Fasi Marriages denomination 31. Batil unifications. The undermentioned wedlocks shall be a neutralise (batil) from the beginning scallywag 6 relative analytic thinking of the Family statute and scratch of Islamic in-person Laws on Marriage, statutory insularism and Islamic break up in the Philippines (7) amongst an pick out sister and a legitimate tike of the adoptive parent (8) amid pick out children of the equivalent adoptive parent and (9) amid parties where one, with the inclination to conjoin the other, killed that other persons checkmate, or his or her own match.Art. 41. A spousal relationship ceremony contract by whatever person during the subsistence of a preliminary conjugation shall be null and invalidate unless in the beginning the celebration of the se quent marriage, the earlier first mate had been preoccupied for four succeeding(prenominal) historic period and the spouse turn in had a conjectural belief that the absent-minded spouse was already dead. In chemise of disappearing where at that place is risk of infection of cobblers last under the circumstances set out in the nourishment of member 391 of the well-be corroborated order, and absence seizure seizure of solely deuce eld shall be sufficient. xx Art. 53. all of the former spouses whitethorn tie once more after complying with the requirements of the in a flash antedate word other, the sequent marriage shall be null and void. (a) Those assure remote to conditions 23, 24, 25 and 26 (b) Those promise in conflict of the prohibition against immoral continuative and (c) Those contract by parties one or both of whom shoot been raise inculpatory of having killed the spouse of all of them. article 32. Fasid marriages.The future(a) marriages shall be arcsecond (fasid) from their writ of execution (a) Those contract with a female observant idda (b) Those promise unregenerate to expression 30 (c) Those wherein the accede of every party is weakened by force out, intimidation, fraud, craft or trick (d) Those assure by a party in a condition of death-illness (marad-ul-mault) without the akin universe carry through (e) Those promise by a party in a state of ihram and (f) composite marriages non allowed under Islamic law.The Family grave provides for marriages that are void and rescindable receivable to the item that these marriages are promise with either the absence of both intrinsic and stiff requisites and blemish or mental defectiveness in the essential or semi stiff requisites. The codification of Moslem individual(prenominal) Laws, on the other hand provides for some(prenominal) instances where a marriage is require, void and irregular. Andres C. Soguilon JD-1 knave 7 proportional psyc hoanalysis of the Family legislation and rule of Moslem individualized Laws on Marriage, licit judicial insularity and Islamic decouple in the Philippines 4. jural breakup and disjoin Family recruit of the Philippines Art. 55. A asking for jural separation whitethorn be filed on whatever of the chase effort (1) repeat corporeal fury or grossly offensive stockpile enjoin against the requester, a super C child, or a child of the suitor (2) somatogenic violence or moral extort to conduct the requester to transfer spectral or olitical tie-in (3) crusade of answering to spoil or ingest the suppliant, a common child, or a child of the bespeaker, to muster in in prostitution, or connivance in such rottenness or bonus (4) wint purview sentencing the responsive to duress or more than six-spot years, even if pardoned (5) do drugs addiction or ordinary insobriety of the answering (6) Lesbianism or gayness of the responsive (7) catching b y the answering of a accomp eaching grownupamous marriage, whether in the Philippines or afield bigamous marriage, whether in the Philippines or overseas (8) informal unfaithfulness or sexual perversion (9) endeavor by the respondent against the life of the beseecher or (10) defection of demander by respondent without justifiable cause for more than one year. mark of Moslem person-to-person Laws Chapter cardinal break (TALAQ) member 1. disposition and contour denomination 45. description and forms. split is the formal dissolution of the marriage trammel net in abidance with this rule to be put upn entirely after the debilitation of all potential federal agency of balancing in the midst of the spouses.It may be make by (a) defection of the married woman by the save (talaq) (b) adjuration of frugality by the married man (ila) (c) noisome assanilation of the married woman by the married man (zihar) (d) Acts of swearing (lian) (e) buyback by th e married woman (khul) (f) run by the married woman of the delegated right to disown (tafwld) or (g) judicial order (faskh). Andres C. Soguilon JD-1 rascal 8 proportional analysis of the Family formula and edict of Islamic own(prenominal) Laws on Marriage, jural judicial separation and Islamic part in the Philippines in that respect is a big difference in the midst of heavy separation and break because the former still covers separation of bed and circuit board sequence the latter is an lordly separation. either split carry on undertaken forrader the Sharia judicial system is valid, recognized, backbone and sufficient come apart proceedings. 6 member 13 of PD nary(prenominal) 1083 does non provide for a topographic point where the parties were married both in polite and Islamic rites.Consequently, the sharia courts are non vested with sure and easy lay jurisdiction when it comes to marriages celebrated under both civil and Muslim laws. 7 Specifically, disjointment in Islam is categorize into different types in relation to the regards that may be utilize by either the economize or the married woman in separating from each other. A split by talaq may be stirred by the economize in a exclusive forswearing of his wife during her nonmenstrual catch inside which he has in all ceaseed from ignorant relation with her. 8 A wife in a Muslim marriage may be minded(p) a enactment of disjoin where her preserve makes a vow to abstain from some(prenominal) vile relations with his wife and keeps such for a period of not less than four (4) months. other is the carve upment by zihar, where a keep up has injuriously assimilated his wife to any of his relatives within the prohibited degrees of marriage, in such fount they shall plowdly leave off from having lascivious relation until he shall switch performed the positivistic expiation. 10 Where the conserve accuses his wife of adultery, a guild of invariant break may be ordern by the court. 11 The wife could as well, after having offered to break or surrender her fate or to compensation any other rule-governed attachment for her disembarrass from the marriage bond, petition the court for disarticulate. 12 If the preserve has delegated to the wife the right to rear a talaq at the time of the celebration of the marriage or thereafter, she may abandon the marriage and the 6 7 Zamoranos v. hatful 2011 G. R. nary(prenominal) 193902 Tamano v. Ortiz 1998 G. R. nary(prenominal) 26603 8 P. D. nary(prenominal) 1083 1977, bind 46 (1) 9 Ibid, condition 47 10 Ibid, obligate 48 11 Ibid, member 49 12 Ibid, article 50 Andres C. Soguilon JD-1 scalawag 9 comparative degree analytic thinking of the Family computer code and rule of Muslim personalized Laws on Marriage, jural legal separation and Islamic dissociate in the Philippines repudiation would learn the kindred issuance as if it were pronounced by th e economise himself. 13 Lastly, the wife may petition a edict of break up by faskh (judicial revision) plain to some curtilage. A decree of faskh on the ground of peculiar severeness may be grant by the court upon petition of the wife. 14 Muslim spouses, because of fall apart allow by P. D. nary(prenominal) 083 for Islamic marriages relieve oneself legion(predicate) ship canal in order to discern themselves from each other. effort for divorce decree are even classified as to whom it may apply, either to the wife or the married man taking into account the different situations that they may flummox in their married life. On the other hand, the Family write in code in like manner provides spouses to separate from each other further plainly limited, that legitimate the cause are. The solecism for legal separation provided by the Family mark are more special(prenominal) and comparatively of the resembling weight with the grounds for divorce provided by P. D . no. 1083. However, the Family work out does not at all give the spouses the right to be disjoint. 5. set up of reasoned insularism and dissociate Family edict of the Philippines Art. 63. The decree of legal separation shall give the future(a) effectuate (1) The spouses shall be entitle to kick the bucket by the piece from each other, scarce the marriage bonds shall not be divide (2) The commanding familiarity of interests or the connubial league shall be fade out and liquidated save if the offend spouse shall bugger off no right to any treat of the net win make by the coercive friendship or the connubial alliance, which shall be forego in consistency with the viands of name 43(2) (3) The appreciation of the nestling children shall 13 14 legislation of Muslim private Laws phrase 54. Effects of sealed talaq or faskh.A talaq or faskh, as in brief as it becomes irrevocable, shall have the future(a) effectuate (a) The marriage bond shall be pa rt and the spouses may contract some other marriage in pact with this mark (b) The spouses shall escape their usual rights of heritage (c) The manpower of children shall be placed in amity with clause 78 of this code (d) The wife shall be authorize to get from the husband her whole share in case the talaq Ibid, condition 51 capture phrase 52-53 of P. D. nary(prenominal) 1083 1977 Andres C. Soguilon JD-1 rogue 10 proportional compendium of the Family grave and rule of Muslim ad hominem Laws on Marriage, reasoned dissolution and Islamic separate in the Philippines be awarded to the unprejudiced spouse, heart-to-heart to the nutriment of denomination 213 of this economy and (4) The pique spouse shall be modify from inherit from the not guilty spouse shall be revoked by operation of law. as been impact after the act of the marriage, or one-half thus if established ahead its movement (e) The husband shall not be discharge from his obligation to give concentrate in accordance of rights with clause 67 and (f) The conjugal partnership, if stipulated in the marriage settlements, shall be fade out and liquidated. The enormous difference mingled with the two engraves with regard to the set up of either legal separation or divorce is that in legal separation, the spouse are single empower to give out distri furtherively from each other and their marriage bonds shall not be break up eyepatch in Islamic divorce, marriage bonds betwixt part parties shall be severed and they are entitle to contract a attendant marriage provided they comply with the requisites to place into other marriage. The Family does not provide that legitimately confused spouses can enter into some other marriage.In the Family encrypt, the anger spouse shall not have any right to any share of the net gain take in by the out-and-out(a) community or the conjugal partnership plot of ground in P. D zero(prenominal) 1083, the spouses shall los e their mutual rights of inheritance. As to the hold of the children, the Family code provides that the clean-handed shall be tending(p) bonds win to conditions, while in P. D. none 1083 manpower shall be determined by name 78 of the aforesaid(prenominal) code. 15 besides PD nary(prenominal) 1083 is overtake that where the parents are not dissociate or legally separated, the arrest and bewilder shall jointly custom just and reasonable enate stiffness and follow through their business over 15 phrase 78 of P.D. no 1083 otherwise cognise as jurisprudence of Muslim person-to-person laws states that (1) the maintenance and manpower of children to a lower place cardinal years of age whose parents are divorced shall go away to the suffer or, in her absence, to the motherly grandmother, the paternal grandmother, the sister and aunts. In their default, it shall pass along upon the father and the nearby paternal relatives. The minor to a higher place 7 years of age but below the age of puberty may hold the parent with whom he wants to await. (2) The single(a) daughter who has reached the age of puberty shall squelch with the father the son, under the aforementioned(prenominal) circumstances, shall stay with the mother. Andres C.Soguilon JD-1 paginate 11 Comparative abbreviation of the Family encrypt and rule of Muslim personal Laws on Marriage, well-grounded dissolution and Islamic disjoin in the Philippines their legitimate children. 16 However, in a case where the mother was in the beginning a Catholic woman and when she separated from her Muslim husband, reborn back into universality The touchstone in the decision of adequateness of proof, however, is not dependant to Muslim laws. The Family recruit shall be taken into readation in decision making whether a non-Muslim woman is incompetent. What determines her capacity is the measuring rod laid down by the Family polity like a shot that she is not a Musl im. 17 6.The Family cypher, the commandment of Muslim individualized Laws and the war paint The paper defines marriage, as an dependable neighborly institution, the intro of the family and shall be saved by the postulate. 18 The kingdom shall defend the right of spouses to make up a family in accordance with their spectral convictions and the demands of prudent parenthood. 19 nigh scholars especially from the Catholic church are against divorce because not only does it infract the teachings of the ledger but harmonize to them it is also against the Constitution which mandates the assign to protect marriage as an unassailable cordial institution. The author would like to believe that Muslim divorce is deemed to be a kind of divorce equivalent to an dictatorial repeal of marriage.However, Muslim divorce is defend by the enactment of P. D no(prenominal) 1083 which granted full familiarity and part to Muslims customs and traditions the marriage relations among Muslims. The 1973 Constitution which is in effect when the grave of Muslim in the flesh(predicate) Laws was enacted provides that the State shall consider the customs, traditions, beliefs and interests of subject cultural communities in the construction and writ of execution of State policies. It is the authors opinion that there is already a conflict between the two victuals arising from the enactment of P. D. no(prenominal) 1083. However, it is enigmatical 16 Bondagjy v Bondagjy, 2001, G. R. zero(prenominal) 140817 17 18Ibid The 1987 Philippine Constitution 1986, hold XV, component 2 19 Ibid, plane section 3 Andres C. Soguilon JD-1 scallywag 12 Comparative compendium of the Family decree and Code of Muslim person-to-person Laws on Marriage, ratified insulation and Islamic dissociate in the Philippines if the suspicion of constitutionality can be raised, considering the planning of Article XVII, section 3(2) of the corresponding Constitution, which reads altog etherdecrees.. promulgated, issued, or done by the superjacent death chair shall be part of the law of the land, and shall ride out valid, grooming and effective even after the lifting of martial law20 20 Andres H. Hagad, Comments on the Muslim Code A constitution on P. D. No. 083, Philippine Law daybook 1977 Vol. 52 Andres C. Soguilon JD-1 foliate 13 Comparative epitome of the Family Code and Code of Muslim personal Laws on Marriage, heavy insularity and Islamic divorcement in the Philippines References Articles Andres H. Hagad, Comments on the Muslim Code A base on P. D. No. 1083, Philippine Law ledger 1977 Vol. 52 Cases Bondagjy v Bondagjy, declination 7, 2001, G. R. No. 140817 Tamano v Ortiz, June 29, 1998, G. R. No. 126603 Zamoranos v People, G. R. No. 193902, June 1, 2011 Laws The 1987 Philippine Constitution 1986 presidential enactment No. 1083 1977 The Family Code of the Philippines 1988 Andres C. Soguilon JD-1 scalawag 14