SOCIO CLASS

hello, the summary wasn't posted here yet. hindi ko kasi mahanap. nasa fb group un. anyway, if you want to print our topics for the next grading periods, andito naman na. so that you'll be updated and always ready in our class. the summary of the first topics will be given to you next meeting. apologies for not having time for you. i've been excused from class since i'm also busy with my requirements... already graduating from my degree also. thanks for understanding. wag na mag-alala. ako na bahala sa inyo ;) GOD BLESS

Subsequent bigamous marriage-

Valid if contracted after the absence of four (4) years, if the spouse has a well-founded belief that the absent spouse is already dead.But, two (2) years absence sufficient in case of disappearance under circumstances indicating danger of death :a- lost during sea voyage or airplane missingb- missing in action in warc- under danger of death under other circumstancesFor purposes of contracting the subsequent marriage, the present spouse must institute a summary proceeding for declaration of presumptive death of the absentee. (41)This does not apply to subsequent marriage contracted before the effectivity of the Family Code, because the New Civil Code does not require said declaration. Absence of 7 years ipso jure grants the present spouse capacity to remarry.Since the second marriage took place during the effectivity of the New Civil Code, the presumption of death is established by law and no court declaration is needed for the presumption to arise, since death is presumed to have taken place by the seventh year of absence pursuant to Art. 390 of the Civil Code. (Valdez vs Republic, 597 SCRA 13If the subsequent marriage (by reason of presumptive death f the absentee spouse) took place prior to August 3, 1988, the subsequent marriage is valid even if there was no judicial declaration of presumptive death so long as the prescribed period of absence is met. (Armas vs Calisterio, 330 SCRA 2001). oBut, if such subsequent marriage is celebrated during the effectivity of the Family Code, the requirement of judicial declaration of presumptive death is absolute and indispensable. In the absence thereof, the sub- subsequent marriage is void and the spouse present shall be liable for bigamy. Article 41 FC was enacted to harmonize civil law and ArtIn Republic vs Bermudez-Lorino, 449 SCRA 57, it was held that the order of the trial court granting the petition for judicial declaration of presumptive death is immediately final and executory. Hence, the right to appeal was not granted to any of the parties therein. It was therefore erroneous for the OSG to file a notice of appeal, and for the RTC to give due course thereto.



The ruling was reiterated in Republic vs Tango, 594 SCRA 560)While there is no appeal, an aggrieved party may file a petition for certiorari to question abuse of discretion amounting to lack of jurisdiction and such petition shall be filed in the Court of Appeals in accordance with the Doctrine of Hierarchy of Courts. (Republic vs Tango, supra)Who may file petition for declaration of nullity of marriage?A- In Ninal vs Bayadog, 328 SCRA 122, the Supreme Court allowed the compulsory/legal heirs to file petition for declaration of nullity of their father’s marriage against respondent after the death of their father.B- Subsequently thereafter, the SC promulgated the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (AM No. 02-11-10-C), which took effect on March 15, 2003, and Section 2 thereof, makes it the sole right of the husband or the wife to file a petition for declaration of absolute nullity of void marriage. In Enrico vs Heirs of Sps. Medinaceli, 534 SCRA 418, the Court clarified that the coverage of the AM No. 02-11-10-SC extends only to those marriages entered during the effectivity of the Family Code, and its application is prospective.



In Carlos vs Sandoval, 574 SCRA 116, the Court further clarified that AM No. 02-11-10-SC, does not apply to cases already commenced before March 15, 2003, although the marriage involved was celebrated during the effectivity of the Family Code.



What rule will apply for marriages celebrated under the Civil Code?



The absence of a provision in the Civil Code cannot be construed as a license for any person to institute a nullity of marriage case. Such person must appear to be a party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Hence, only the compulsory or legal heirs of the deceased spouse can file the petition.One who is not the real party in interest in a complaint for declaration of nullity of marriage cannot ask for the setting aside of the decision therein- his invocation of the State’s interest in protecting the sanctity of marriage does not give him the standing to question the decision. By law, it is the prosecuting attorney of fiscal or the Solicitor General who represents the interest of the State in proceeding for the annulment or declaration of nullity of marriage. (Salamingo vs Rubica, 527 SCRA 1)Peodri to file petition for declaration of nullity of marriage-



- For marriages the prior to the effectivity of the Family Code (Aug 3, 1988), the petition may be filed by the real party-in-interest even after the death of the spouses. (Ninal vs Bayadog, 328 SCRA 122)- If the marriage was celebrated during the effectivity of the Family Code but the petition was filed before March 15, 2003, the petition may be filed by the real party-in-interest even after the death of the spouses. (Carlos vs Sandoval, supra).



Note: AM No. 02-11-10-SC does not apply.If the marriage was celebrated during the effectivity of the Family Code, and the petition was filed on March 15, 2003 or thereafter, the petition can be filed only by either spouse and during their lifetime. No such petition can be filed after death of either spouses, and in case a party dies at any stage of the proceedings before entry of judgment, the court shall order the case closed and terminated. (AM 02-11-10-SC) , but without prejudice to a collateral attack that may be done by the compulsory/legal heirs of the spouses upon death of a spouse in a proceeding for settlement of the estate of the deceased spouse. (Enrico vs Heirs of Medinaceli and Carlos Sandoval, supra)If the marriage was celebrated during the effectivity of the Family Code, and the petition was filed on March 15, 2003 or thereafter, the petition can be filed only by either spouse and during their lifetime. No such petition can be filed after death of either spouses, and in case a party dies at any stage of the proceedings before entry of judgment, the court shall order the case closed and terminated. (AM 02-11-10-SC) , but without prejudice to a collateral attack that may be done by the compulsory/legal heirs of the spouses upon death of a spouse in a proceeding for settlement of the estate of the deceased spouse. (Enrico vs Heirs of Medinaceli and Carlos Sandoval, supra)Action or defense for the declaration of absolute nullity of marriage shall not prescribe. (39)(as amended by RA 8533, Feb. 23, 1998)



Absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.(40)What step must be undertaken by the present spouse before entering into s subsequent marriage?



What is the effect of failure to take such step?One must first secure a final judicial declaration of nullity of his previous marriage before he can validly contract another marriage and failure to do so shall make him liable for the crime of bigamy if he contracts a subsequent marriage. (Marbella-Bobis vs Bobis, supra, Abunado vs People, 426 SCRA 562) (41)



Even if the prior marriage is void but a party thereto fails to secure a judicial declaration of its nullity before contracting another marriage, the subsequent marriage is also void. (Art. 50 FC, Carino vs Carino, 351 SCRA 127) and the party is liable for the crime of bigamyTo contract a subsequent marriage, the other spouse must be absent for 4 years or 2 years, and the present spouse has well-founded belief that the absent spouse was already dead. (41)When may the subsequent bigamous marriage be terminated?The subsequent marriage shall be terminated automatically by the recording of the Affidavit of Reappearance of the absent spouse, unless there is a judgment annulling or declaring the previous marriage void. (42) If the absentee reappears, but no step is taken to terminate the subsequent marriage, either by affidavit or court action, such absentee’s mere reappearance, even if made known to the spouses in the subsequent marriage, will not terminate such marriage. Since the second marriage has been contracted because of a presumption that the former spouse is dead, such presumption continues inspite of the spouse’s physical appearance, and by fiction of law, he or she must still be regarded as legally an absentee until the subsequent marriage is terminated as provided by law. (SSS vs Jarque Vda. De Ballon, 485 SCRA 376)EFFECTSOF TERMINATION OF SECOND MARRIAGE: (43) 1. Children of the second marriage conceived prior to termination shall be legitimate.2. custody and support to be decided by the court in proper proceedings.3. community property shall be dissolved and liquidated, but share of spouse in bad faith in the net profits shall be forfeited in favor of common children, or children of guilty spouse, or innocent spouse.4. donations by reason of marriage shall remain valid, but those in favor of spouse in bad faith, shall be revoke by operation of law.5. innocent spouse may revoke the designation of spouse in bad faith as beneficiary in any insurance policy, even if designation is irrevocable.6. spouse in bad faith shall be disqualified to inherit from the innocent spouse, whether by testate or intestate succession.IF BOTH IN BAD FAITH- (44) 1. marriage shall be void2. donations by reason of marriage revoked by operation of law3. testamentary disposition revoked by operation of law



GROUNDS FOR ANNULMENT OF MARRIAGE (45) 1. LACK OF PARENTAL CONSENT, unless cohabited freely after 21 years of age. 2. INSANITY, unless after coming to reason cohabited freely with each other.3. CONSENT OBTAINED BY FRAUD, unless with full knowledge, cohabited freely. CONSENT OBTAINED BY FORCE, INTIMIDATION, UNDUE INFLUENCE, unless cause disappeared, cohabited freely5. IMPOTENCY, continuing and appears to be incurable6. PARTY AFFLICTED WITH SEXUALLY TRANSMISSIBLE DISEASE, found to be serious and incurableCONSENT- parental, fraud, force, INSANITY, IMPOTENCY , STDA & B were sweethearts. B. became pregnant. Knowing that A was about to take bar exam, B threatened A with complaint for immorality in the Supreme Court. As a consequence of the threat, A married B. Is the marriage annullable on ground of intimidation? No, the threat to enforce one’s claim which is just and legal, through competent authority, is not the threat contemplated by law to annul a marriage. The threat must be unjust or illegal. (Ruiz vs. Atienza, CA 40 Off Gaz. 1093). FRAUD TO ANNUL A MARRIAGE (46) CONCEALMENT OF CONVICTION by final judgment of a crime involving moral turpitude.CONCEALMENT OF PREGNANCY BY WIFE by another man at the time of marriageCONCEALMENT OF SEXUALLY TRANSMISSIBLE DISEASE, at the time of marriageCONCEALMENT OF DRUG ADDICTION, HABITUAL ALCOHOLISM, HOMOSEXUALITY OR LESBIANISM At the time of marriage NO other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute fraud for annulment of marriage



Plaintiff, a first year law student, met the defendant in March 1968. After several meetings, became engaged and were married. After 88 days, defendant gave birth to child. Plaintiff abandoned defendant and filed suit for annulment on the ground of fraud, as the defendant assured that she was a virgin. Will the suit prosper?



The marriage cannot be annulled. The law is explicit, no other misrepresentation or deceit as to character, health, rank, fortune, or CHASTITY shall constitute fraud for annulment of marriage.On the ground that she was pregnant by another man, the law is explicit. There must be concealment. Here is there is no possibility of concealment. Defendant was already about 6 months pregnant. At such advance stage of pregnancy, concealment would be impossible. (Buccat vs. Buccat, 72 Phil 19). Accdg to medical authorities, when a woman is already 6 months pregnant, the enlargement of her abdomen is above, and no longer below, the umbilicus. (Aquino vs. Delizo, 109 Phil 21IMPOTENCY-Test on Impotency- the test is not the capacity to reproduce but the capacity to copulate. (Sarao vs. Guevarra, CA Off. Gaz. 263).Physical incapacity as ground for annulment of marriage refers to inability to perform the sexual act, and not sterility or inability to procreate. (Menciano vs. San Jose, 89 Phil 63; Jimenez vs. Canizares, 109 Phil 273).If the spouse knew that the other party is impotent, can she ask for annulment of her marriage?How about if the man is already 80 years old, can she ask for annulment?No. 1. To be entitled, party must be unaware of the impotency because the law requires that the party that can bring the action must be the injured party. If she knew, she is not an Injured party.2. Estoppel. She is renouncing copulation, which is a purely personal right.3. Sexual intercourse is not the only end or purpose of marriage.If the man is 80 years old, the wife should know that he should be already impotent, and is under estoppel to annul her marriage. Doctrine of triennial cohabitation- the presumption that the husband is impotent should the wife still remain a virgin after living together with the husband for 3 years.Can relative impotency be invoked to annul marriage? Yes. In view of the physical incapability of one party to consummate said marriage with the other. Can a woman be compelled to undergo physical examination to determine her physical capacity for copulation? (private part of the woman to small to allow penetration). Yes. A physical examination in this case is not self-incrimination. She is not charged with any offense. She is not being compelled to be a witness against herself. Impotency, being an abnormal condition, should not be presumed The presumption is in favor of potency. (Jimenez vs.Canizares, 109 Phil 273).Who may bring an action to annul a marriage?PARTY TO ANNUL MARRIAGE (47) PARENT/GUARDIAN without consent, before 21, or PARTY (whose parent did not give consent)- within 5 years after 21 years of ageSANE SPOUSE (if no knowledge)RELATIVE/GUARDIAN OF INSANE SPOUSE, at anytime before death of EITHER PARTY, INSANE during lucid interval or upon regaining sanity FRAUD- INJURED PARTY, WITHIN 5 YEARS AFTER DISCOVERY OF FRAUD FORCE, ETC., INJURED PARTY, WITHIN 5 YEARS AFTER CESSATION THEREOFIMPOTENCY, INJURED PARTY, WITHIN 5 YEARS AFTER MARRIAGESEXUALLY TD, INJURED PARTY, WITHIN 5 YEARS AFTER MARRIAGE48) IN ANNULMENT OR DECLARATION OF NULLITY OF MARRIAGE, COURT SHALL ORDER PROSECUTOR TO APPEAR TO PREVENT COLLUSION BETWEEN THE PARTIESNO JUDGMENT ON STIPULATION OF FACTS OR CONFESSION OF JUDGMENT IN ANNULMENT OR NULLITY OF MARRIAGE49. DURING PENDENCY OF SUIT FOR ANNULMENT OR NULLITY OF MARRIAGE-1. court provides for support of spouses2. custody and support of common children3. Custody shall be given to spouse with due consideration to-a- moral and material welfare of the childrenB- their choice of parent they wish to remainC- provide for visitation rights of other parent



AFTER ANNULMENT: (50, 51) 1. Community shall be dissolved and liquidated2. donations by reason of marriage shall be valid3. innocent spouse may revoke designation of guilty Spouse as beneficiary in life insurance policy, even if designation is irrevocable.4. guilty spouse shall be disqualified to inherit from innocent spouse5. Provides for custody and support of common children 6. Orders the delivery of presumptive legitimes 7. conjugal dwelling and lot shall be adjudicated to spouse whom majority of children choses to remain; in case no majority, court decides8. either spouse may remarry, but deliver presumptive legitimes, otherwise remarriage is void9. children conceived or born before judgment are legitimate (53) 10. children conceived or born of subsequent marriage are legitimate (54) If the judgment of annulment or declaration of nullity of marriage, partition and distribution is not registered, what is the effect?– The judgment of annulment or absolute nullity of marriage, partition and distribution of the properties of spouses and delivery of presumptive legitimes shall be recorded in the civil registry and registry of properties, otherwise, the same shall not affect third persons.• If not registered, the subsequent marriage of either of former spouses shall be null and void. (52) Where there are no properties of the spouses which could be the subject of liquidation, and no legitimes to be delivered, is there a need for recording of the judgment of annulment or absolute nullity of marriage? • There is no need for recording of the judgment in the appropriate registries of property where there are no properties that would be subject of liquidation, partition and distribution and no presumptive legitimes that could be delivered. Logically, our governing laws do not require such judgment to be furnished and recorded in the registries of property. • LEGAL SEPARATION (55) • 1. PHYSICAL VIOLENCE repeated • GROSSLY ABUSIVE CONDUCT• 2. PHYSICAL VIOLENCE OR MORAL PRESSURE to • change politic or religion• 3. ATTEMPT TO CORRUPT • INDUCE to engage in prostitution• 3. FINAL JUDGMENT WITH IMPRISONMENT OF • MORE THAN 6 YEARS, even if pardoned • 4. DRUG ADDICTION, HABITUAL ALCHOLISM • 5. LESBIANISM, HOMOSEXUALITY• 6. BIGAMOUS MARRIAGE, ANYWHERE contracted • 7. SEXUAL INFIDELITY OR PERVERSION• 8. ATTEMPT AGAINST LIFE • 9. ABANDONMENT FOR MORE THAN ONE YEAR, • without justifiable cause GROUNDS FOR DENIAL (56) • 1.CONDONATION - forgiven • 2. CONSENT- agreed • 3. CONNIVANCE- • 4. MUTUAL GUILT- both had given ground • 5. COLLUSION- both agree to commit or appear to commit • 6. PRESCRIPTION- • TIME TO FILE- 5 YEARS FROM OCCURRENCE (57) • NO TRIAL BEFORE 6 MONTHS FROM FILING OF PETITION (58) • NO JUDGMENT UNLESS EARNEST EFFORTS FOR RECONCILIATION MADE DURING PENDENCY OF ACTION AND FAILED (59) Under Section 19 of RA 9262 (Anti-Violence Against Women and Children Act of 2004), the requirement of six months cooling-off period under Article 58 FC shall not apply where violence, as specified in RA 9262, is alleged as the ground for legal separation.



Ex. Repeated physical violence against the wife or common children. In such cases, the court shall proceed on the main case and other incidents of the case as soon as possible.If the ground for legal separation is any act of violence punishable under RA 9262, said law prohibits the awarding of custody of minor children to the perpetrator of a woman who is suffering from battered woman syndrome.



The victim who is suffering from battered woman syndrome shall not also be disqualified from having custody of her children. (Sec. 28, RA 9262)H instituted an action for legal separation against his wife, W on the ground of adultery. It was however established during trial that after H’s discovery of his wife’s infidelity, he still had sexual intercourse withher twice. Will the action prosper?No. The act of H in having sexual intercourse with W in spite of his knowledge of the latter’s infidelity is an act of implied condonation. Such act of condonation shall bar the granting of a decree of legal separation. (Ginez vs Bugayong, 100 Phil 616)A caught his wife, B, having illicit relations with P. He then told her that he will file an action against her for legal separation which the latter agreed provided that no criminal charges shall be filed against her. The complaint was filed and B defaulted. When questioned by the Fiscal, B signified her conformity to the legal separation. Is there collussion? Is there confession of judgment to bar the decree of legal separation• The confession made outside of the court is not a confession of judgment. Confession of judgment happens when defendant appears in court and confesses to the right of the plaintiff to judgment or files a pleading expressly agreeing to plaintiff’s demand.• There is evidence of adultery independent of the confession, upon which the decree may be granted.What the law prohibits is a judgment based exclusively or mainly on defendant’s confession. Otherwise, if a confession can defeat the action ipso facto, any defendant, who opposes the separation, will immediately confess judgment, purposely to prevent it. (Ocampo vs. Florenciano, 107**A and B entered into a contract whereby they agreed to live separately and that they are free to cohabit with anyone. Thereafter A cohabited with M and had seven children with her. B filed an action for legal separation against A. Will the action prosper? • No. • The action has prescribed. Action for legal separation prescribed in 5 years.• By their express agreement, B had consented or condoned the act of A. Having consented or condoned the acts of A, he is undeserving of court’s symphaty.• B is not an innocent spouse. She is aware of the cohabitation between A and M. Effects of filing of legal separation (61)• Spouses are entitled to live separately• No more right of carnal intercourse• Court shall designate H or W to manage the community property• Court shall provide for the support of the spouses and the common children Effects of decree of legal separation (63, 64)• Spouse shall live separately, but marriage bond shall not be severed • Community property shall be dissolved and liquidated.• Offending spouse forfeits share in the profits• Offending spouse disqualified to inherit from innocent spouse • Innocent spouse may revoke donations in favor of offending spouse, as well as designation as beneficiary in any insurance policy, even irrevocable• Disposition in the will in favor of offending spouse is revoked by operation of law.• Custody of minor children awarded to innocent spouse, provided that no child below 7 years shall be separated from the motherA married woman may use:



1. Her maiden first name and surname and add her husband’s surname; or



2. Her maiden first name and her husband’s surname, or



3. Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs”. In case of legal separation, the wife shall continue using her name and surname employed before the legal separation. (Art. 372 FC)



In case of anulment of marriage, if the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname, or continue using the former husband’s surname, unless: the court decress otherwise; or she or the former husband is married again to another person. (Art. 371 NCC)• A brought an action for legal separation against his wife B on ground of adultery. He likewise asked the Court for the forfeiture of the share of B in the community profits. During the pendency of the case, A died. May the heirs of A be substituted in his behalf? • The action for legal separation, which involves nothing more than separation from bed and board is purely personal. Being personal in character, the death of one party to the action causes the death of the action itself. • Even if the action involves property rights, the abatement still applies. The property rights are mere effects of a decree of legal separation. Without the decree, such rights do not come into existence. Reconciliation (65)• If the spouses should reconcile, the corresponding manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. Effects of reconciliation (66)Legal separation proceedings, if pending, shall be terminated in whatsoever stage.Final decree of legal separation shall be set aside, but separation of property and forfeiture shall subsists, unless the property agree to revive their former regime.The use of the husband’s surname during the marriage is permissive and not obligatory. Hence, a married woman may retain the use of her maiden name. (In re: Josephine P. Uy-Timosa, Bar matter No. 1625, July 18, 2006)Revival of former regime (67)• Spouse should execute an agreement under oath and specify the following:1. properties to be contributed anew to the restored regime2. properties to be retained as separate of each3. the names of all their known creditors, addresses and amounts owing to eachThe agreement shall be approved and recorded. Does not prejudice creditor without notice, unless debtor-spouse has sufficient separate property



The Rule on Legal Separation (AM No. 02-11-11-SC) appears to allow the spouses, upon reconciliation and with intervention of the court, to adopt a new property regime different from that which they had prior to the filing of the petition for legal separation. (Sec. 23(e) and 24, AM No. 02-11-11-SC). It is submitted, however, that the parties may not adopt absolute community or conjugal partnerhip of gains as their new property regime because regimes cannot commence at any other time except the precise moment of the celebration of marriage and any stipulation to the contrary is expressly declared by law to be void. (Art. 88 and 107, FC)RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE:Obligations : (article 68)-To live together wife to live with husband except : a- residence dangerousb- husband has not fixed residencec- husband carries shameful business at home -To observe mutual love, respect, and fidelity-To render mutual help and supportQ. W, wife, abandoned her husband, H, without justifiable reason, can H ask the court to order W to return to the conjugal home under penalty of contempt? What other remedies are available to H?Ans. No, bec. Cohabitation is purely personal obligation (Arroyo vs. Vasquez de Arroyo, 42 Phil. 54) Remedies : A- withhold supportB -recover moral damagesC- ask court to counselThe refusal of the wife to perform her wifely duties, her denial of consortium and her desertion of her husband would certainly constitute a wilful infliction of injury upon her husband’s feelings in a manner contrary to morals, good customs and public policy for which Art. 21 of the NCC authorize an award of damages. Who fixed domicile? Both, in case of disagreement, court decides (article 69)The court may exempt spouse from living with the other :A- if spouse lives abroadB- other valid and compelling reason for exemption Support of the family – joint responsibility of both (Art. 70)Order :a- from community propertyb- income or fruits of separate propertyC- separate property of spouses(proportionate to their properties, but to creditors, solidarily liable).Management of household- right and duty of both (article 71) expenses to be paid in the same order as in supportProfession or occupation- wife may exercise without consent of husband but Husband may object on valid, serious and moral grounds In case of disagreement – court decides on whether or not objection proper, and benefits accrued to the family.If benefit accrued to family prior to objection , resulting obligation shall be enforced against the absolute community; after objection, against separate property of spouse who has not obtained consent.Under RA 9262, if the husband prevents his wife from engaging in any legitimate profession, occupation or or activity, he has committed an act of violence punishable by said law (Sec. 5(e), RA 9262), except in cases where the husband objects on valid, serious and moral grounds. (Sec. 3(a) (D) (1), RA 9262).Legal sanctions : ( petition court for relief) (72) If spouse 1. neglects duties to conjugal union2. commits acts which tend to bring danger, dishonor or injury to the other or to the family. Exercise of profession- (73)-either spouse may exercise without the consent of the other-spouse may object on valid, serious and moral grounds-in case of disagreement, the court shall decide whether or not the objection is proper and benefit accrued to the family before objection or thereafter.-if the benefit accrued prior, the resulting obligation shall be enforced against the separate property of spouse who has not obtained consent.PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE:Governed By : 1. marriage settlement2. family code3. local customs (ARTICLE 74)



Property regimes (article 75)1. absolute community2. conjugal partnership gains3. complete separation of property4. combination of the above regimes5. any other regimes, like dowry system6. in case of void regime- governed by absolute community.Q. A, married B, a very rich woman. When B died, A claimed ½ of the properties of B on the basis of a public instrument executed by A and B whereby all their separate properties were converted into conjugal properties. Is the claim valid?Ans. The claim is not valid.



1. Property relations between husband and wife cannot be changed, altered or modified during marriage.2. The public instrument, if given effect, would result in giving validity to donation between spouses which is not allowed by law.3. It would allow commission of fraud by the spouses.Forms of marriage settlement or modification : (77)1. Must be in writing 2. Must be signed by both3. Must executed before marriageMust be registered to affect third parties

kakila-kilabot kong karanasan (unang pakita ng kalahating katawan)

hindi ko makakalimutan ang gabing iyon kung saan ako'y muntik ng sumakabilang-buhay sa sobrang takot na aking naranasan.

kasama ang aking mga estudyante, kami ay nagtungo sa bahay nila Ian upang doon na magpalipas ng madaling araw sapagkat katatapos lang ng pagdiriwang sa unibersidad (CAS night). binitbit na ng aking mga mahal na mag-aaral ang aking mga gamit...sana pati ako na rin dahil sobrang sakit na ng aking mga paa dahil sa suot kong sandals na kahit di naman kataasan ang takong ay pagod na rin kasing suot yon kasasayaw. napadako sa 7-11 upang makabili ng mga pagkain pagkatapos ay naglakad na ulit papuntang PNR site. hindi na ako makatiis sa sakit ng aking mga paa suot ang aking sandals kaya ito'y aking tinanggal. naglakad ng nakayapak patungo sa aming pupuntahan. sa daan nakita namin ang mga taong nagsisitulog na sa kalsada. muntik na akong tumabi. hahaha diresto lang ang lakad ng nakayapak, ako na ang pinakamagandang aling sa dagupan. ang ganda pa mandin ng aking kasuotan, muntik na rin akong rumaket sa gabing iyon. wahaha

nagsitahulan ang mga aso sa lugar na iyon. maya't maya ay nasa bungad na kami ng kanilang bahay kung saan napakadilim at walang katao-tao. nakapasok na din kami at nagkaroon na ng mga ilaw. walang tao pero animo'y sinalubong kami ng mga rebulto nagsikalat sa kanilang pamamahay. koleksyon daw iyon ng kanyang lolo na mahilig sa mga antigo.

kami ay nagsipaglamon at nagsipagkwentuhan. nakaramdam na ng antok ang iba kaya't kanya-kanyang tulog na. umakyat ang mga babae sa ikalawang palapag ng bahay. pinapaakyat ako upang doon na rin matulog dahil may aircon subalit hindi ko ginawa dahil na rin sa hindi ko binabalak matulog. bumaba ang iba kong mga estudyante mula sa ikalawang palapag ng bahay at sinabi sa aking nakakatakot daw sa taas dahil na rin sa mga rebultong naroroon na animo'y mangugusap kapag iyong pinagtuunan ng pansin at dahil sa nakabibinging katahimikan. ang sabi ko na lang, wlang dapat katakutan dahil wala naman. ako lang dapat ang katakutan dahil ako ang kanilang sinasambang diyos.

sa kadahilanang iyan, ako'y nagkaroon ng kuryosidad na tingnan kung anong hitsura ng ikalawang palapag ng bahay na puno ng mga antigo at rebulto. sa pagtapak ko sa ikatlong baitang ng hagdanan, nakaramdam na ako ng kakaiba. hindi ko mawari kung ano nga ba iyon subalit sa aking hinuha ay dulot lamang iyon ng dilim na bumabalot sa hagdanan papunta sa itaas ng bahay. tinuloy ko pa rin ang pag-akyat sa hagdan ng dahan-dahan kahit wala talaga akong makita sa sobrang dilim. pinapakiramdaman ko na lang kung saan naroon ang mga baitang na aking tatapakan habang nakahawak rin sa hawakan ng hagdanan.

malapit na ako sa huling baitang ng hagdan ng biglang masinagan ko ang liwanag sa kanang dulo ng ikalawang palapag dahil bumukas ang pinto ng kwarto ngunit bigla ring sumara. sa napakaikling sandaling yon na sa wari ko'y dalawang segundo lang, naaninag ko ang mga rebulto malapit sa kwartong iyon. di na ako nagsalita. tinuloy ko ang paghakbang sa dilim, kinakapa ang hawakan ng hagdan at sa wakas nakatapak na rin ang aking kaliwang paa sa ikalawang palapag ng bahay.

pinipilt ko pa ring may makita subalit wala talaga. napakadilim ng paligid na parang pag nakapikit ka. subalit ang aking mga mata'y dilat na dilat na tumitingin sa kawalan ng dilim. kakaiba ang aking pakiramdam sa lugar na iyon at ninais ko ng bumaba para maghanap ng makakasama na lang sa pag-akyat. subalit di ko nagawang bumaba dahil may naaninag akong kulay puti sa malapit sa hagdan na nakaharang sa aking daraanan. tinitigan ko ito, sinabi sa aking sarili, sa aking isip lamang..."ano kaya ito? vase ba na kulay puti at isa sa mga antigong koleksyon ng lolo ni ian? bakit nasa gitna naman at haharang sa daan?"

nagsimula ng lumakas ang tibok ng aking puso ng mawari kong hugis tao. hindi pugot ulo ito, kundi kalahating katawan ng tao! baywang pababa na kulay puti!!!!!

hindi ko alam kong ano ang aking gagawin. frozen in darkness, i cannot move. kalahating tao talaga ito. totoo ata ang mga manananggal na white lady ba o anuman ito! delikado kami ng mga estudyante ko.

bigla itong gumalaw at papalapit sa akin kaya't ako'y nabalot ng takot at bigla ko na lang nasambit ng dahan-dahan at palakas ng palakas...
"waaah....waaaah.....waaaaaaaaaaaaaaahhhhhhhhhhhhhh!!!!!!!!!!!!!!!". sabay karipas ng baba ng hagdan, muntik ko ng talunin subalit mahirap dahil parang ako'y malulupasay. nadulas-dulas pa ako sa kamamadaling bumaba, muntik pang ma-outbalanced at tuluyang masubsob sa hagdan.

nagtaka ang aking mga estudyante sa baba, napayakap na lamang ako sa barkada ni jorlan na nakisama sa amin. hindi ko alam kong paano sasabihin sa kanila ang aking nakita. "may nakita ka mam noh?"...

"tubig! di ako makahinga!" para akong pipi magsalita. umupo sa upuan saka biglang may bumaba ng hagdan.

"bakit ma'am? nakita mo lang ako bigla kang tumakbo pababa?".....

biglang bumagal ang pintig ng aking puso. bumalik sa katinuan. "ha???????? ikaw yon oscar??????? what???????????? walangya ka!!!!!!! akala ko kalahating tao na!!!!! ataktakot ak!!!!! badtrip ka... mamatay ka na!!!!" sabay bato ko ng lotion sa kanya!

wahahahahahahahahahahhahahhaahahhhahhahahah.....! di matapos ang aming pagtawa. gumugulong na ang iba sa sahig katatawa.

sobrang tawa naming lahat... akala ko multo na, kalahating tao pa. agi, gumalaw. lumalapit sakin ay. anong akala kong siya un? di man lang nagsalita ay. walangya talaga. agi gatgrabe. ataktakot ak! akala ko kalahating tao na lalapit sakin. hay. grabe. kayo kaya yon... imagine! tindi! gala gala anghel na bantay nen vivian!

pero etong si oscar sobrang pagtataka pa talaga kung bakit daw di ako tumuloy paglakad. bigla lang tumigil at biglang nagsisigaw. wala siyang kamalay-malay na napagkamalan ko siyang multo! wahahaha takang-taka ang baliw na si oscar!

bakit kasi ang itim mo, nakablack long sleeves ka pa tapos white pants! malamang wala akong makikita sa taas ta sobrang dilim kundi ung white pants mo lang! wahahah sabi ni jorlan, pano pa kaya pag ngumiti bigla si oscar???? baka inatake na ako kasi may lumulutang na ngipin! wahahahahahhaha

hindi na ako natuluyan dahil sa takot. muntik na akong mamatay kakatawa. "tama na ma'am..sakit na ng tiyan namin!" wahahahahaha
"tama na nga kasi! aatakihin na'ko. tubig!!!!" wahahhahah sumakit ng todo tiyan ko pati puso ko. napagod pa katatawa. ;p

hanggang ngayon, napapatawa ako pag naaalala ko ang pangyayaring iyon.. 2 oras na akong nagkukuwento nito dahil patigil-tigil katatawa. di ko ma-imagine sarili kong sumisigaw ng dahan-dahan at palakas ng palakas na akala mo'y nirirape daw. mga praning!!!! alam mo bang first time ko sana yon na maka-experience ng kagimbal-gimbal, kakila-kilabot, kahindik-hindik na pangyayari. talagang run for your life ako!!!!! karipas sa madilim na hagdan, nakacocktail pa rin, akatkarunyas akni matakbuhan lang ang kalahating katawan na iyon na papalapit sa'kin..

samantalang naiimagine ko ang hitsura ni oscar na takang-taka dahil bigla akong nagwala ng magkasalubong kami sa ikalawang palapag ng bahay. wahahahahahha

ung mga nasa labas ng bahay na nanood ng insiduous, walang kwentang horror movie yan kumpara sa true to life experience ko! wahahahahahhahah

amen. XD

Rizal

Hongkong and Macao 1888
-February 1888
*full-grown man of 27 years of age
*practicing physician
*recognized man-of-letters
*embittered victim of human iniquities
-disillusioned dreamer
*frustrated reformer

Hongkong
-February 3,1888 (left Manila for Hongkong)
-February 7(stopover at Amony)
1. He was not feeling well
2. It was raining hard.
3. He heard that the city was dirty.
-February 8(arrival at Hongkong)
-Victoria Hotel
He was welcomed by Filipino residents, including Jose Basa, Balbino Mauricio and Manuel Yriarte.

-Jose Sainz de Varanda
*former secretary of Governor General Terrero
*shadowed Rizal’s movement
*believed to be a spy to Rizal
MACAO
-Rizal was accompanied by Basa
-visited the theatre, casino, cathedral and churches, pagodas, botanical garden and bazaars.
-Feb.19-hewitnesses a procession
-Feb.20-returned to Hongkong

Experiences in Hongkong
1.Noisy celebration of Chinese New Year(Feb.11 to 13)
2.Boisterous Chinese theatre
3.Marathon lauriat party
4.Dominican Order
5.Hongkong cemeteries
Departure from hongkong
-Feb.22, 1888-left for Japan

Romantic Interlude in Japan 1888
-one of Rizal’s happiest interludes was his visit in the “Land of the Cherry Blossoms” for one month and a half (Feb.28-Apr.13)
-fell inlove with Seiko Usui(O-Sei-San)
Rizal Arrives in Yokohama
-visited by Juan Perez Caballero
-invited Rizal to live at the Spanish Legation

Rizal accepted it for two reasons:
1.He could economize his living expenses by staying at the legation.
2.He had nothing to hide from the prying eyes of the Spanish authorities.
-March 7( checked out of Tokyo Hotel and lived at the Spanish Legation)
-He studied the Japanes language and Japanese drama.

Rizal’s Impression of Japan
1. Beauty of the country-flowers, mountains, and scenic panoramas.
2. The cleanliness, politeness and industry of the Japanese people.
3. The picturesque dress and simple charm of the Japanese women
4. Few thieves in Japan.
5. Beggars were rarely seen.

Romance with O-Sei-San
-O-Sei-San was a lonely samurai’s daughter of 23 years old and had never yet experienced the ecstacyof true love.
-She was Rizal’s ideal womanhood: beauty,charm, modesty and intelligence.
-More than a sweetheart, she was his guide , interpreter and tutor.
-She improved his knowledge of Nippongo and Japanese history.

Sayonara, Japan
-On April 13, 1888, he left Japan with a heavy heart for he knew he would never see again Japan and O-Sei-San.
O-Sei-San after Rizal’s departure
-She mourned for a long time the loss of her lover. She became resigned to her fate, cherishing unto death the nostalgic memories of her romance with Rizal.
About 1897, a year after Rizal’s execution, she married Mr. Alfred Chartlon and was blessed with one child named Yuriko.

Jose Rizal:
United States to Madrid

IMPRESSIONS on America
 the material progress in he country as shown in the great cities, huge farms, flourishing industries and busy factories
 the drive and energy of the American people
 the natural beauty of the land
 the high standard of living
 the opportunities for better life offered to poor immigrants
 lack of racial equality

NEW YORK
 Rizal called it as the “big town”
 Inspired by the memorial to George Washington, “A great man who has no equal to his country”
 Left the city for Liverpool on board the City of Rome, the second largest ship in the world

“America is the land par excellence of freedom but only for the whites”

During the trip,
- Rizal won any friends (friendly and linguist)
- Entertained the passengers by manipulating yo-yo as a weapon
- discussed with some American newspapermen but didn’t enjoy it because they were intellectually inferior to him

He chose this city for 3 reasons:
 to improve his knowledge of the English language
 to study and annotate Morga’s Sucesos de las Islas Filipinas (British Museum)
 it is a safe place for him to carry on his fight against Spanish tyranny

LIFE in LONDON
 stayed as guest at the home of Dr. Antonio Ma. Regidor, an 1872 exile and practising lawyer in London
 became a boarder of the Beckett family (Mr. Beckett, the church organist, his wife and children)
 came to know Dr. Reinhold Rost, the librarian of the Ministy of Foreign Affairs and an authority on Malayan languages and customs (He called Rizal as “a pearl of man”/”una perla de hombre”
 received good and bad news from home
- persecution of Filipino patriots, Calamba tenants, furious attacks on Rizal in the newspapers, Hidalgo, Rizal’s brother-in-law’s exile and a medical student was arrested and jailed because copies of Noli were found in his house
- Fr. Vicente Garcia defended the Noli from the Spanish friars’ attacks
 spent Christmas with the Beckett Family
 sent a bust of Emperor Augusts to Blumentritt and a bust of Julius Caesar to Carlos Czepelak (Polish scholar) as Christmas gifts
 received a book from Mrs. Beckett, “The life and adventures of Valenitin Vox, the Ventriloquist”

Sucesos de las Islas Filipinas
“Historical Events of the Philippine Islands”
 published in Mexico, 1609 by Morga
 contained all written histories published during the early years of the Spanish regime
 “Morga does not have suprficiality and exaggeration which are found among the Spaniards today” – Blumentritt
 Rizal annotated this book
 Rizal had short visit to Paris in order to search for more historical materials in Bibliotheque Nationale (entertained by Juan Luna’s family)
 Rizal went to Spain also visiting Madrid and Barcelona and surveyed the political situation wit regards to Philippine reforms (met M.H. Del Pilar and M. Ponce, two titans of the Propaganda Movement

Asociacion La Solidaridad, Solidaridad Association

 It was inaugurated on December 31, 1888
 Rizal was chosen as Honorary President as a recognition to to his leadership among all Flipno patriots in Europe
 Rizal wrote a letter expressing his thanks in makng him the honorary president
 Graciano Lopez Jaena, founded a patriotic organ for the Popaganda Movement, the La Solidaridad
Aims of the La Solidaridad
1. To work peacefully for political and social reforms
2. To portray the deplorable conditions of the Philippines so that spain may remedy them
3. To oppose the evil forces of reaction and medievialism
4. To advocate liberal ideas and progress
5. To champion the legitimate aspirations of the Filino people to life, democracy and happiness

Rizal congratulated Jaena and his associates in founding the La Solidaridad
He advised him that great care should be taken in publishing only the truth

LOS AGRICULTORES FILIPINOS
- RizaL’s first article in La Solidaridad
- THE FILIPINO FARMERS
- depicted the deplorable conditions in the Philippines which cause the backwardness of the country

WRITINGS IN LONDON
 La Vision del Fray Rodriguez
 Letter to the Young Women in Malolos
 Specimens of Tagal Folklore
 Two Eastern Tables

La Vision del Fray Rodriguez, The Vision of Fray Rodriguez
- Pamphlet written by Rizal (Dimas Alang), in defense to Fr. Rodriguez’s attacks
- a satire depicting a spirited dialogue between St. Augustine and Fr. Rodriguez. St. Augustine told Fr. Rodriguez that he was commissioned by God to tell him of his stupidity and inform him of his penance on Earth that he shall continue to write more stupidity so that al men shall laugh at him.

Letter to the Young Women in Malolos
- Penned by Rizal upon the request of Del Pilar to praise the young ladies of Malolos for their courage to establish a school where they could learn Spanish, despite the opposition of Fr. Felipe Garcia, the Spanish priest
- Main points of the letter
1. A Filipino mother should teach her children love of God, fatherland and mankind
2. The Filipino mother should be glad, like the Spartan mother, to offer her sons in defense of the fatherland
3. A Filipino woman should know how to preserve her dignity and honor
4. A Filipino woman should educate herself, aside from retaining her good racial virtues
5. Faith is not merely reciting long prayers and wearing religious pictures, but rather it is living the real Christian way, with good morals and good manners

Spcimens of Tagal Folklore
Two Eastern Fables
- Written by Rizal for Dr. Rost’s journal,Trubner’s record
- The first article consisted of Filipino proverbs and puzzles
I. Proverbial sayings
- New king, new fashion (Ibang hari, ibang ugali)
- Too many words, too little work (labis na salita, kapos sa gawa)
- The fish is caught through the mouth (Sa bibig nahuhuli ang isda)
II. Puzzles
- He carries me, I carry him (dala niya ako, dalako rin siya)
- SHOES
- A deep well filledwith steel blades (isang balong malalim, ouno ng patalim)
- MOUTH

ROMANCE with GERTRUDE BECKETT

RIZAL’S SECOND SOJOURN IN PARIS AND THE UNIVERSAL EXPOSITION OF 1889

Universal Exposition(Exposition Universelle) 1889
 World’s Fair held in Paris, France
 Thousands of people from all corners of the world crowded every hotel, inn and boarding houses
Difficulty of Finding Living Quarters
 For a short time, Rizal lived in the house of his friend Valentin Ventura, at No. 45 Rue Maubeuge.
 He transferred his residence several times.
 Finally, he lived in little room, together with other Filipinos – Capitan Justo Trinidad, and Jose Albert.
Life in Paris
 He spent most of his time in..
- The reading room of Bibliotheque Nationale
- Living quarters writing letters to his family and friends
- The gymnasium for his daily physical exercises
- Visiting his friends
Rizal and Paris Exposition 1889
 Eiffle Tower – main symbol of the Fair – was completed in 1889, and served as the entrance arch to the Fair – constructed of puddled iron
 Gustave Eiffle – he designed the Eiffle Tower, a French Engineer
 Champ de Mars – where the 1889 Fair was built – it is the earlier site of Paris Universal Exhibition of 1867

Three Filipino Societies Rizal Founded
 Kidlat Club
- Among the members were Antonio and Juan Luna, Lauro Dimayuga, Baldomero Roxas, Gregorio Aguilera, Fernando Canon, Gregorio Pautu and Julio Llorente
- To bring together the young Filipinos in the French capital

 Indios Bravos
- its member pledged to excel in intellectual and physical prowess in order to win the admiration of the Spaniards
- they practised with greater energy the use of sword and pistol
- Rizal thaught them judo

 R.D.L.M. Society - Redencion de los Malayos
(Redemption of the Malays)
- He only mentioned this secret society to:
*Jose Maria Basa
*Marcelo H. del Pilar
- Only a few trusted friends of Rizal
became members
 The aim of it was “the propagation of all
useful knowledge – scientific, artistic, literary,
etc. – in the Philippines & the Redemption of
the Malay Race”

Annotated Edition of Morga Published
 Rizal’s outstanding achievement in Paris in January, 1890
 he wrote in the British Museum
 Printed by Garnier Freres
 Professor Bluementritt – wrote the Prologue

International Association of Filipinologists
 Rizal proposed to establish an “International Association of Filipinologist
 Universal Exposition of 1889 (Paris)
 Letter to Blumentritt – January 14, 1889
 Prospectus: aim of the association – “to study the Philippines from the scientific and historical point of view”
Filipino College in Hongkong
 Planned by Rizal while still in Paris
 To establish a modern college in Hong Kong
 Aim: “to train and educate men of good family and financial means in accordance with the demands of modern times and circumstances”
 Mr. Mariano Cunanan (Mexico, Pampanga) - 40,000 pesos (initial capital)
 Unfortunatly this project of Rizal to establish a modern college in Hong Kong did not materialized
“Por Telefono”
 In fall of 1889, Rizal wrote satirical work as a reply to another slander of Fr. Salvador Font
 Por Telefono was published in booklet from Barcelona
 He used the pen name “Dimas Alang”
 Telephone conversation between Fr. Font (Madrid) and the father provincial (San Agustin Convent in Manila)
Rizal and the Boustead Sisters
 Adelina Boustead – younger sister of the vivacious Nelly
 Marriage proposal did not prosper for three reasons: (1) was not sure he loved her because of his broken engagement with Leonor Rivera (2) Rizal refused to accept the condition that he become a Protestant like her (3) Adelina’s mother opposed the match because Rizal was not rich enough to support a family in style.
 Adelina Boustead – younger sister of the vivacious Nelly
 Marriage proposal did not prosper for three reasons: (1) was not sure he loved her because of his broken engagement with Leonor Rivera (2) Rizal refused to accept the condition that he become a Protestant like her (3) Adelina’s mother opposed the match because Rizal was not rich enough to support a family in style.
 He spent Christmas with Jose Albert and Capitan Justo Trinidad
 Christmas dinner: fried chicken, rice, and vegetables
 Rizal’s last Christmas dinner in Paris
 After New Year – brief visit to London (unknown purpose)
 Two theoretical reasons:
 - To check up his annotated edition of Morga’s Sucesos with the original copy in the British Museum; and
 - To see Gertrude Beckett for the last time
 Middle of January 1890 – back in Paris

Deviance and Social Groups

Deviance
– the recognized violation of cultural norms
• Norms guide virtually all human activities, rules of conduct specifying how people should behave in various situations
- Ranges from mild breaches of etiquette to serious violence/crimes
• Crime – the violation of norms a society formally enacts into criminal law
• Juvenile Delinquency – the violation of the legal standards by the young

Sociological Analysis of Deviance
1. Deviance varies according to cultural norms
There is no thought or action that is inherently deviant. It depends on the certain norms a society operates; deviance is relative
2. People can be termed as deviant as others perceive them that way
One can be termed as deviant depending on the response or perception of the social audience
3. Both rule-making and rule-breaking involves social power
Rooted in social inequality
4. Deviance depends on time, can be tolerated and accepted/approved and disproved
5. Not all deviance involves actions

Types of Deviant Behavior
1. Innovators – accept the culturally approved goals but disregard the institutional means to achieve them
2. Ritualists – give up cultural goals but follow the prescribed norms
3. Retreatists – abandon both the cultural goals and the prescribed means to achieve them
4. Rebels – reject both the societal goals and prescribed means to achieve them but try to set up new norms or goals

• Conformists – accept both culturally approved goals and means
• Deviants – reject either the goals or the means of achieving them
• Non-conformists – people with exceptional talents who seek to create new goals and the new means of attaining them

Specific Kinds of Deviant Behavior
1. Infractions of the Sex Code and Laws (rape, adultery, concubinage, pornography, zoophilia, sadism…)
2. Infractions to Life, Liberty, Property and against the State (abortion, child abuse, juvenile delinquency, rebellion, graft and corruption, violations of human rights…)
3. Infractions against self or Victimless crimes (illegal gambling, suicide, prostitution, smoking, alcoholism, mendicancy…)

Theories of Deviant Behavior
1. Social Pathology – deviant behavior is caused by people with physical and mental illness, malfunctions or deformities
2. Biological Theory – deviant behavior is a result of aberrant genetic traits
• Lombrosio – concluded that there are animalistic patterns found in criminals, savages and apes
• Sheldon – body type predict criminality
• Goring – found no difference between criminals and ordinary citizens
• Witkin – found that prisoners with an XYY chromosome pattern or with an extra Y chromosome might predispose themselves to deviance
• Danish study – men with extra Y chromosome are less intelligent and easier for the police to catch
3. Psychological Theory – deviant behavior is brought about by uncontrolled inner impulses (developed during childhood)
• Personality factors (personality traits are hereditary but most psychologists believe that temperament is shaped by social experiences; failure to structure one’s behavior in an acceptable way the norms, tensions, frustrations, traumatic experiences)
• Containment Theory - Reckless and Dinitz work : good boys (displayed conscience, cope well with frustrations, identify with cultural norms and values) and bad boys (weaker conscience, little tolerance for frustrations
4. Labeling Theory – society’s labeling on certain behaviors as deviant causes deviant behavior ( one respond to being labeled and embraced the role)
5. Anomie Theory/Structural Stress Theory – social structure prompts people to engage in deviant behavior (goals and means are not in harmony)
• Anomie – normlessness; condition within a society in which individuals found that prevailing social norms are ill-defects, weak and conflicting
6. Conflict Theory – deviant behavior is caused by unjust social structure (social arrangements)
7. Cultural Transmission/Differential Association – deviance is created through socialization/transmission of norms within a group
8. Feminist Theory – 3 schools of thought
• Liberal – rational response to gender discrimination
• Radical – attribute deviance to patriarchy
• Socialist – economic factors; capitalistic societies

 Emile Durkheim – no society can exist without deviance (S-F Analysis)

Functions of Deviance
1. Deviance affirms cultural values and norms
2. Responding to deviance clarifies moral boundaries
3. Responding to deviance promotes social unity
4. Deviance encourages social change


SANCTIONS as means of Social Control

Sanctions - refer to the system of reward and punishment in order to ensure that norms are followed and expectations met.

• Rewards – positive sanctions for those who behave properly
• Punishments – negative sanctions

Kinds:
1. Formal Sanctions – used for violations of formalized norms
• Governmental sanctions - penal laws and fines
• Business groups sanctions – promotions, bonuses, awards, suspensions and expulsions
• Religious sanctions – promises of salvation, penance, excommunication

2. Informal Sanctions – gossip, ridicule, concession, favorable or unfavorable pulic opinion, approval and praise, mob violence

SOCIAL GROUPS AND SOCIAL ORGANIZATION

As John Donne has stated, “no man is an island”. Man cannot live satisfactorily by himself alone. His very existence and the satisfaction of his needs and wants, as well as his happiness, depend to a large degree upon other people.

Homans defines a group as a collection of two or more persons who are in social interaction, who are guided by similar norms, values, and expectations and who maintain a stable pattern of relations over a period of time. Donald Light defines a group as a set of individuals who identify and interact with one another in a structured way based on shared values and goals.

Social group
- A unit of interacting personalities with interdependence of roles and statuses existing between and among themselves. It is a collection of people who interact with each other in accordance with the position they occupy in the society.

Social Organization
- A type of collectivity established for the pursuit of specific aims or goals
- Stable pattern of relationship

Social Structure
- Interdependent network of roles and the hierarchy of statuses which define the reciprocal expectations and the power arrangement of the members of the social unit guided by norms
Social Function
- The results of action that occur in relation to a particular structure and includes the results of the activities of individuals occupying particular statuses.

Human clusters – collections which do not form social groups but may transform into one.
1. Aggregates – collection of persons in a common physical location without interaction
2. Social category – members possess common identifying status characteristics but do not interact socially
3. Collectivity – temporary group of people interacting with each other but the interactions are passing or short-lived

Characteristics of Social Groups
1. Group members interact regularly (affect each other)
2. Develop a structure (status and role)
3. Members agree on important goals and values
4. Sense of identity (united and interdependent)

Types of Social Group
A. According to social ties (bond)
1. Primary Group – face-face structures, close and intimate relationship
Ex: family, gangs, cliques, play groups
• Family – principal agent of socialization
- Nursery of the human nature
2. Secondary group – comes later in life
- Impersonal, business-like
- Formal relationship
Ex: industrial workers, faculty staff, business associates
B. Based on Self-identification (whether a member refers to him/her to a group)
1. In-group – “we” feeling
- Individual feels at home, ex: friends
2. Out-group – outsiders of the group
- “they’ feeling
Ex: law abider and law violators; friends to enemies
3. Reference/psychological group – groups to which we consciously or unconsciously refer when we try to evaluate our own life situations or behavior
Normative function: model
C. According to geographical location
1. Gemeinschaft – social system is personal, traditional
- Community of intimate, private and exclusive living and familism ex: barrios, agriculture and fishing villages, tribal groups
- 2. Gesselschaft - relationships are impersonal, formal, contractual, more advanced
Ex: city, urban groups
D. According to form of organization
1. Formal groups – social organization
- Goals are clearly stated, division of labor, based on member’s merit
- Administrative structure – “bureaucracy” (hierarchical arrangement)
- Large scale, formal organization
Ex. Government
2. Informal groups – unplanned, doesn’t have specific goals
Ex: barkadas, gangs

• Leader – one who influence the activities of group towards the attainment of the goals

PHILIPPINE VALUES

Leah de Roulet once stated, “Science and Technology are powerful tools but how do we use them? Shall we use them to destroy or to build? It depends on our values.

All values are important. Everyone who has ever touched one’s life in some way is a mentor for good or bad. Life is a blend, and a person blends with all the influences tat have touched his/her life.

Values are defined in a number of ways:

Etymologically, value comes from the Latin word “valere” which means to be strong, to be worth.

Values are those standards by which a group of society judges the desirability and importance of persons, ideas, actions or objects.

Importance of Values
1. Provide the framework within which judgments are made.
2. Give purpose and direction to the lives of people.
3. Give meaning and significance to life and to the totality of society.
4. Make things desirable, satisfying and worthy of approval.

Filipino Oriental and Occidental Value Orientations Dichotomy

1. Rationalism vs. Non-rationalism

Rationalism involves a belief that by systematic planning, studying and training, one can actually control and manipulate his or her destiny. A rational person is scientific-oriented, liberal and skeptical. It refers to the belief or doctrine that all knowledge and truth is found only in reason, that it is ascertainable by rational processes of thought, and that there is no supernatural revelation.

Examples: Kasipagan, Pagpaplano sa buhay, Paghahanda sa kinabukasan, Pagtitiwala sa sarili, Paghasa sa katalinuhan

“Ang maniwala sa sabi-sabi, walang bait sa sarili”
“Ang may isinuksok sa dingding ay may titingalain”
“Mas maganda ang knabukasan kung may pinag-aralan”
“Kapag may katwiran, ipaglaban mo”
“Kung ano ang itinanim ay siya mong aanihin”

Non-rationalism involves the belief in the supremacy of nature and forces outside one’s self like the belief in ghosts, spirits, gods or deities and other supernatural beings. It involves an uncritical acceptance, reverence and protection of traditions and rituals, unquestioning obedience to authority and loyalty to one’s group.
Examples: Bahala na, dependence on espiritista, reliance to amulets, gayuma or anting-anting, tinalaga ng Diyos, gulong ng palad, kapalaran

“Pag di uukol di bubkol”
“Bawat nilalang na isinilang may nakatakdang kapalaran”
“An buhay ay parang gulong, minsan nasa ilalim, minsan nasa ibabaw”
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2. Personalism vs. Impersonalism

Personalism refers to the tendency to give due importance to intrapersonal and interpersonal relations in working arrangements.

Examples: Kaibigan, kamag-anak, comadre and compadre, nepotism, favoritism lakad and palakasan system

Impersonalism refers to the tendency to eliminate the influence of friendship or kinship in working relations. Behavior is depersonalized, standardized or institutionalized.

Examples: walang personalan, trabaho lamang, walang malakas, walang mahina, walang palakasan, hustisya para sa lahat, walang mahirap, walang mayaman

3. Particularism vs. Universalism

Particularism refers to the tendency to center his or her concern on his or her sub-groups made up of relatives, friends, colleagues and associates.

Examples: tayo-tayo system, fraternity and sorority ties, kapartido system, kababayan, kapangkat

Universalism refers to the tendency to focus one’s attention and concern on the promotion of the national and common weal.

Examples: public welfare, national identity, social justice, public service

4, Nationalism vs. Internationalism

Nationalism is the feeling of oneness an devotion to one’s nation. Simply, love of country.

Examples: Byan ko, mahal ko, isang bansa, isang diwa, taas noo, Pilipino

Internationalism rests on the belief in having friendly relations between and among nations for their mutual and common benefit. It is the advocacy of making nations of the world as one global community, removing all geographical, cultural social and cultural barriers towards the community of nations and making all people as citizens of the world.

General Philippine Values

Bahala na – a kind of fatalistic resignation and involves dependence and abiding faith in supernatural spirits.

Utang na loob – debt of gratiuse which is difficult or almost impossible to quantify.

Amor propio – high self-esteem ans is shown in the sensitivity of a person to hurt feelings and insults, real or imagined.

SIR – smooth interpersonal relations, such as the use of polite language, soft voice and gentle manner.

Euphemisms – circumlocutory remarks to avoid frankness and directness like siguro, pipilitin ko, susubukan ko, kuwan, marahil

Pakikisama – good public relations

Delicadeza – conformity to the thical practices or expectations of the group.

Palabra de honor – keeping one’s word or doing what ha promised

Hele-hele bago quiere or pakipot – behavior that a person initially refuses an offer if he or she is subject to more prodding.

Ningas cogon tendency – good only at the start ; full of energy or enthusiasm only at the beginning

Colonial mentality – mental attitude of preferring imported products or ideas over locally made ones

compadre system – practice of choosing well-known or affluent persons to act as godparents in wedding or baptisms.

Crab mentality – mental attitude of putting down other people to prevent them from reaching the top

manana habit – procrastination; mamaya na, saka na lang, bukas na lang

Disaster...(a short story)

“If I could be anyone at this moment, I’d be her so you’d love me too”.

Her heart beats fast as Mike approaches the table reserved for them. They used to hang-out together, talking about everything in life – politics, school, show business, family and plans in life. She doesn’t know why the feeling is so intense that her heart almost stopped beating when Mike started to speak. “Sorry for I’m late. There’s just this accident in the road that created heavy traffic.” Mike continues to tell the story about the accident but she’s not listening attentively. She’s been busy looking at the man who made her realize the bliss of life because of the rendezvous of love.

It was six months ago when they first met. The class was astounded when a man in a blue-checkered polo, black pants and white shoes entered the room. She was there staring at the door, thinking in oblivion, when she saw the man whom she thought was the Achilles of his life. He walked straight to the teacher’s table and introduced himself. Every girl in the class giggled and kept on staring at their professor in their law subject. But she, she was wide awake and dreaming. She uttered to herself, “This is love struck.”

She couldn’t move on with the enchantment in meeting the man whom she thought was an angel from above. She researched all about him – his family and educational background, his lifestyles, his friends, activities, everything about that man. For her, he’s perfect. He’s a respected and well-known lawyer in his 29, a mason master, a basketball player, a music enthusiast, a college professor, a man with the head and the heart for he’s very generous in helping people through the different charitable institutions in the region. He doesn’t look his age just like those celebrities we see in the television. The man actually has resemblance to Ryan Agoncillo and more to TJ Trinidad. But for her, he’s no other than the man of her dreams.

Every class meeting was a taste of heaven for her. She was so inspired to attend the class ever y meeting. He discussed clearly the lessons and sometimes he cracked jokes that will make everybody in the class feel like rolling on the floor. One day, she was called for recitation. “Ms. Vivien, what is our system of taxation here in the Philippines?”

She stood quietly and smiled to her professor. Her mind came to a blank state. She was surprised to be called by him. What echoed to her mind was that she was called in his first name unlike her classmates who are always called in their last names. He repeated the question and gave another follow-up question. Her classmates were all looking at her, confused but her mind was drifting to eternity because of his killer looks. The room was in complete silence.

She came into her consciousness and smiled again to her professor. “Sir, you are asking what is our system of taxation here in the country?” “Yes, what do you think will I ask you, your number?” The class went on laughing at her. She was annoyed because of that situation. She began to shout in the class. “Okay. Welcome classmates. At least, I made you happy for this day.”

The class went back again to a deafening silence. Then she started answering the question, “Sir, according to Article VI, Section 28, paragraph 1 of the 1987 Philippine Constitution, the rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.” She elaborated further and discussed almost everything related to the question. Of course, she can do it since she was actually a dean’s lister. The man was impressed because of what she did. However, he still had more follow-up questions to her. She kept on answering questions and talking to her professor in a conversational manner. The apprehensions were no longer there. She felt like talking to a person she has known before. She didn’t mind also if she was already standing for almost an hour in the class.

After that unforgettable moment of her life, she became close to her professor. They actually became friends with each other. They see each other more often. Sometimes, he would offer her a ride going home. For her, every moment that they are together was earth-shattering and heart-stopping. Every night, she would whisper a prayer to the deities. She would earnestly ask them to help her overcome the feelings if it’s not meant to be. Each day with him was a mixture of anguish and joy. Anguish because of the uncertainty of the man’s feelings to her and of course joy, for she’s experiencing the deepest enchantment of love.

“Vivien, are you alright?”, he asked. For a moment, he paused and looked at her beyond her eyes. She’s still staring at him and at that moment, when their eyes met, she saw his soul. “Ah...Yes. I’m fine. So, how’s the case of Mr. Castillo?” That’s all she uttered. Then he smiled at her and said, “I have something to give you. I hope you will not refuse my invitation.” She smiled even though the feeling grow intense. “What is this? Is he going to ask me for a date or ask me if I can be his girl friend? Of course, yes! I love you”. She’s talking to herself.

Then he handed an invitation to her – a wedding invitation with his name on it and a lady’s name whom she doesn’t know. She wanted to believe that she’s having a bad dream or perhaps, the man is just having a good time to her, just making fun of something. Later, he started telling their love story. That it was held secret since the parents of the lady doesn’t really like the man. And then she realized that it was the reality. The reality that bites. It bites especially when you’re not ready for it. The wound is endless. It’s incurable, unfathomable. She remembered the song she heard that morning while waiting for him in that restaurant. “'Cause the walls burned up and our love fell down, And it turned into whatever, now we're saying never. Feel the fire 'cause it's all around, And it's burning for forever and always. You gotta let it go and be on our way And live for another day, 'cause it ain't the same, my baby. Watch it all fall into the ground. No happy ever after ‒ just disaster.”

Tears fall from her eyes but she’s in denial. She told him that those were tears of joy. That she’s so happy for him. But actually, her heart is mourning, “If I could be anyone at this moment, I’d be her so you’d love me too”.