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Page [uletternumbered] ~_, _. ;;;. letter.~r~r~roentgen -L=- __=_ – r-r- – m- ~ -_ __.~..~i~ II~-~uY~tL-dll ~ I~ A beneficial MONOGRAPH Into Matrimony And Split up Regarding the PHILIPPINES By F. C. FISHER Of your own PHILIPPINE Club Previous User Fairness Of Finest Court Of your PHILIPPINE Isles \ 4 The new LAWYERS’ CO-Operative Publishing Organization MANILA, P. 1. ROCHESTER, N. Y., U.S.A beneficial.
Page step 1 FOREWORD This brief monograph is not given since good dissertation within the entire world of the brand new Philippine Laws out of Matrimony and you will Divorce case. It was created principally since an issue ones top features of the present Philippine rules out of separation and divorce and this frequently the writer to get in the course of time unjust, from equilibrium with human instinct, and you will active extremely evils which it is intended to stop. An alternative mission were to draw the interest of one’s public in order to that decrees out of divorce or separation offered from the foreign courts so you can Philippine owners commonly necessarily good here. The existing impression appears to be that people divorce case try a great a beneficial divorce proceedings. You to definitely effect are incorrect and it is hoped that absolutely nothing book may help to dismiss they. F. C. FISHER. Manila, August six, 1926.
Page step 3 Marriage And you will Breakup From the PHILIPPINES The fresh Philippine law on the subject of wedding and you may split up can get conveniently be considered in terms of around three episodes-the fresh new pre-Foreign-language, the fresh new Language, therefore the American. Many of the Foreign language pioneers provides stated within blog site the latest society according to matrimony and divorce case that have been in fashion when you look at the this new Philippines during the time of the brand new Foreign language conquest. Legaspi, creating regarding Philippines in regards to the seasons 1570, said: « ong this type of locals is a kind of pick or exchange, that the dudes make; for they pay’ and give cash in replace due to their female, according to rating of activities. The sum ergo paid back is actually separated one of many parents and you can relationships of your own lady. And the people that has of several daughters is considered steeped. Shortly after matrimony, once the partner wants to hop out their partner, or perhaps to age sum of money which he provided to have her. On the other hand the fresh new lady normally get-off their particular partner, otherwise separate away from your, by coming back the double out-of exactly what the guy provided to have their unique. New men are permitted to have 2 or three spouses, if they have money sufficient to purchase and you can help them. » (Blair and you will Robertson, The newest PhUl. ippine Countries, Vol. step three, p. 61.) The subject of Philippine marriage heritage try amazingly dwelt on by Loarca, within his Relci6n, written in 1582. The guy told you: 8 feel~~~~~~~~
Webpage cuatro Marriage ANA Divorce « Relationships of Chiefs.-When one guy would like to get married, he, once the man constantly requires the fresh woman, calls in specific timaguas (freemen) who will be recognized in the community * * * so you can discuss the wedding. One among these dudes requires the students man’s lance from their father, and when he are at our house of the girl’s father he thrusts the new spear to your stairways of the house; although he retains the brand new lance therefore, they invoke its gods and ancestors, asking for these to be propitious to this wedding. When your relationship happens, this new lance belongs to the wade-anywhere between, or it’s used. « After the relationships was decideded upon-in other words, once repairing the degree of the brand new dowry that the partner pays to your wife * * * they’re going to take the newest bride regarding domestic from their moms and dads. Among the many Indians takes their into his shoulders; as well as on arriving at the fresh new root of the stairway toward bridegroom’s home, she influences coyness, and you can states one she’s going to not go into. When of a lot entreaties features ended up useless, the father-in-legislation is released and intends to provide her a slave in the event the she’ll increase; She mounts the stairways, toward servant; nevertheless when she reaches the top of this new stairway and you can seems for the their unique father-in-law’s household and you can observes the people make contained in this, she once more pretends to be shy, therefore the father-in-rules have to render their unique a different sort of slave. Shortly after she’s entered, the exact same thing takes place; and he need to offer their particular a jewel and work out her stand down, a separate and come up with their own begin to consume, and one prior to she’ll take in. Since betrothed couples is actually drinking together, an old man rises and also in a noisy sound calls most of the so you’re able to silence, as he would like to talk. According to him: ‘So-and-thus marries so-and-so however, on the status whenever the guy is always to by way of dissolute carry out are not able to support their partner, she will get off your, and you can will not be required to return something of one’s dowry that he has given their; and you can she will have versatility and you will consent so you can wed another type of guy. And you can, hence, should the woman betray her husband, he can take away the dowry which he offered their, exit their, and you can get married another woman. Be-all people witnesses for me personally to this compact.’ If the old-man keeps 4