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

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

Andres C. Soguilon
Juris Doctor-1 UNIVERSITY OF CEBU COLLEGE OF LAW

Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines
Abstract
This paper is a comparison between the laws governing the Muslim marriage and Divorce through Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws and marriage and legal separation under the Family Code. It also compares the rights and obligations of spouses between the two codes. It analyzes the similarities and differences of the provisions on the requisites in contracting marriages between the two laws and the effects of legal separation as far as the Family Code is concern and the same with Islamic divorce as provided by law.

Introduction
The 1987 Philippine Constitution, in Article XV, Section 2, states that “Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.” The same constitution admits that “no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof”1 and it respects the protection and conservation by the State of the customs, traditions, practices and beliefs of the Filipinos. Presidential Decree 1083 also known as the Code of Muslim Personal Laws took effect on February 14, 1977 and the governing constitution then was the 1973 Constitution. According to Andres H. Hagad in his work “Comments on the Muslim Code: A Paper on PD. No. 1038”, the code refers to Article XV, section 11 of the 1973 Constitution as the legal basis for its existence which states that “the State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of State policies.”2

1 2

The 1987 Philippine Constitution,


References: Articles: Andres H. Hagad, Comments on the Muslim Code: A Paper on P.D. No. 1083, Philippine Law Journal [1977] Vol. 52 Cases: Bondagjy v Bondagjy, December 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 Decree No. 1083 [1977] The Family Code of the Philippines [1988] Andres C. Soguilon JD-1 Page 14
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