Kaanak is the center in the life of every Filipino

individual. Kinship is highly considered as the point of

departure and arrival of every human existence. Members

ofa particular mag-anak may be living independently far from

each other but when circumstances arise like reunion, death

in the family, wedding, or barrio fiesta they are compel to go

home with their own families. Grandparents feel great

satisfaction and security for their grandchildren as future

preserver and hope of their clan.

Kinship refers to human relations based on biological

descent and marriage. The ties between blood relatives and

relatives by marriage are assigned certain legal, political, and

economic significance that does not depend on biology.

The scope of kinship is relatively narrow. To have a

clearer understanding regarding kinship, let us call the

"speaker", AKO (I AM). AKO calls his male parent tatay

(father) and his female parent nanay (mother). Other relatives

in the parental generation are called tiyo (uncles) if they are

males and tiya (aunties) if they are female. In his own

generation, AKO addresses his brothers kuya (otherwise

nakababatang kapatid na lalaki or younger brother) and sisters

ate (if not nakababatang kapatid na babae or younger sister).

AKO calls his male children mga anak na lalaki (sons) and his

female children mga anak na babae (daughters). The male and

female children of AKO's brothers and sisters are called

pamangkin for both nephews and nieces.

Family name or surname serves usually as the

Connecting factor whether kinship relationship is by blood

or affinity.

1. THEORIES OF KINsHIP

Several theories, studies, and researches concernin8

kinship commenced at the beginning of the 19th century when

some anthropologists, psychologists, biologists, and

naturalists had thrown importance arnd relevance to the

origin and evolutionary process of kinship system.

1.1 Morgan's theory

In his Ancient Society (1877), Morgan speculates

that human family and human mating system has

evolved through fixed, successive stages of

undiscriminating sexual behavior, group marriage,

having multiple spouses (polygamy), and marriage to

one person (monogamy). Social organization developed

and evolved continuously.

American ethnologist and a principal founder of scientific anthropology, known especially for
establishing the study of kinship systems and for his comprehensive theory of social evolution.

1.2 Engle's theory

Engle postulated that the family and human

kinship originated from a primitive communism.

Human society consisted of primeval promiscuous

hordes", and people mated indiscriminately with their

brothers and sisters. In the long run, kinship came to

be reckoned in the female line since, with such

promiscuity, a child did not know who its father was

but knew only its mother's identity. Women, according

to this theory, held authority over her children.

He explained, and the same point was repeated by Engels, that it was kinship, the notion of common
descent and ancestry, that lay at the root of social relationships. ... As Morgan and Engels clearly saw
kinship and territory are the foundations of all societies before the rise of the state.

1.3 Freud's theory

Freud believed that children have an inner desire

to commit incest. Male infants experience sexual desires

since birth towards their mothers. He argued further

that prohibitions against incest were invented in order

to combat these tendencies, which would otherwise be

socially disruptive. He speculates further that human

society invented rules and regulations to stop mating

with close kin.Freud Was (Half) Right About Incest. Freud may have been partially right when he said we
were all repressing incestuous urges. In a new study, people were more attracted to faces that
resembled their own or that were preceded by a subliminal image of their opposite sex parent

1.4 Radcliffe-Brown's theory

He theorizes that social phenomena such as

kinship, marriage, language, custom, occupancy anda

possession of land, and sexual pattern are enduring

system of adaptation, fusion, and integration of

elements. Social structures are arrangements of persons

in which human activities are systematized.

1.5 Claude Levi-Strauss's theory

He postulated on his theory of kinship that

brothers and sisters of the same mother cannot marry

each other.He also held that affinal relations framed the most basic and irreducible unit of kinship—what
he called the “atom of kinship.” Where descent theorists defined a set of parents and children as the
core of kinship relations, Lévi-Strauss defined it as a husband and wife, their son, and the wife's brother

2. DESCENT GROUPS

Descent is a system that acknowledges social parentage

through which an individual may claim kinship ties with

another. Through kinship a person asserts and acclaims his

rights, duties, status, and privileges in relation to another

person of his ancestor. Descent is respected when right to

succession, residence, or inheritance occurs in kinship lines.

These groups are usually coined as clans because members

of such band are descended from a common ancestor who

lived several generations from the past. Filipinos used to

express such idea as mula sa lolo at lola hanggang sa kaapu-

apuhan.

2.1 Patrilineal descent

Patrilineal descent implies that children belong to

their father's clan. The children bore by a daughter

who belongs to her father-are not affiliated to the clan

of their mother's father. Children share their clanship

with only one grandparent, but the other grandparents

are still their relatives.

2.2 Matrilineal descent

Matrilineal descent asserts that the children belong

to the clan of the mother and not of the father.

2.3 Cognatic descent

Cognatic descent is a system in which everyone

has obligation and duties toward both his paternal and

maternal kin and can expect rights and privileges from

them. He is allied to the children of both parents'

siblings. In other words, an individual has the choice

of belonging to either his father's or mother's group,

or he may have rights in both of these groups, though

there is only one active membership since a person lives

in one place at a time.

2.4 Double descent

In several communities, an individual belongs to

two descent groups, one patrilineal, where descent is

traced through the father and father's father, while the

other is matrilineal, where descent is traced through

the mother and mother's mother. These two groups too

which an individual belongs do not conflict with one

another.

2.5 Lineages

People of different societies and communities

believe that they descended from a single ancestor, as

their forefather regardless if such person or individual

does exist in reality or only in the mind. In his Relacion

de las Islas Filipinas, Chirino (1890) mentioned that the

ancient Filipino people believed that their existence was

originated from the incestuous union of Silalac and

Sicauay who sprang out of the same bamboo created by

god Captan. The Filipino Christian believers, on the

other hand, uphold that humanity descended from the

mythical Adam and Eve who were created by Yahweh

and placed in paradise where Tigris and Euphrates rivers

were located (now Iraq).

3. DIFFERENT KINSHIP GROUPS

3.1 The Nuclear Family

This is the smallest and vital unit in society

consisting of a married couple and unmarried children.

The nuclear family will cease to exist with the death of

the parents. Traditionally, a family is consists of a father,

mother, and child (or children).

3.2 Extended Nuclear Families

There are two forms of extended families:

polygynous and polyandrous nuclear families.

The polygynous nuclear family . of asawang

lalaki or husband, his two or more asawvang babae (wives),

and their children.

The polyandrous nuclear family is composed of

asawang babae or wife, her two or more asawang lalaki

(husbands), and their children.

The phenomena regarding extended families in

this respect do not belong to the Filipino Christian

religion that practices monogamous marriage.

However, such reality occurs in many Filipino families

in a different way under the umbrella of the so-called

querida system (from Spanish querer which means to

desire or pagnasaan) in which a husband enters into an

illicit love affair with other woman (or women) and

have children outside the legality of marriage. Married

women do the same thing but very few of them since

Filipino society cannot accept such act. In other words,

the extended families in this sense among Filipino

Christian families are illicit but immorally accepted by

most kalalakihan who considered themselves as macho.

3.3 Joint Families

Joint families comprise of two or more nuclear

families 1inked through either the paternal or maternal

lines. In the father-side joint family, the male offspring

at marriage continue to reside in the family dwelling

together with his wife and children. In the mother-side

joint family, on the other hand, the female offspring

remains in the family of her nanay after marriage, and

male offspring leaves to join the joint family of the wife.

3.4 Clans or Sibs

Angkan or clan refers to a group of families related

through a common ancestor, while sibs refer to a group

of persons who trace their descent lineally from a single

real or presumed ancestor.

There are two kinds of angkan: father-side, in which

the anak belongs to the clan of his father, and mother-

side, in which the anak is affiliated to the clan of his

mother. The members of the clans need not live together

in the same residential unit or place because the clan is

exogamous, meaning that its members may marry

someone that does not necessarily belong to their own

angkan.

MARRIAGE or "KASAL" is a legal union of two

individuals of different sexes who intend to live

together as sexual and domestic partners sanctioned

and permitted by the prevailing laws of any society

established by civil or religious ceremony.

Marriage is a set of cultural patterns to sanction

parenthood and to provide a stable background for the care

and rearing of children.

Dating and courtship happen between sexually and

emotionally matured male and female prior to marriage in

order to be acquainted with each other in terms of ideas,

values, principles, and the like. The common places for dating among Filipino lovers are the restaurants,
balcony of

movie houses, parks, kanto and kalye or street alleys, or even

in the patio or church facade. Panliligaw or courtship implies

a deeper level of commitment than dating because it leads

to an engagement or M.U. (mutual understanding) - kami

na or sila na. A woman who is already engaged to a man is

called nobya, kasintahan, girlfriend ("syota" is narrowly

applied to a short-time [syort-taym] girlfriend); while an

engaged man to his nobya is termed as nobyo, kasintahan, or

"boyfriend". Courtship or panliligaw will end at the moment

of matrimony, in which both engaged man and woman are

no longer magkasintahan or magnobyo but a certified and

legally "mag-asawa" (husband and wife) and magkasama sa

hirap at ginhawa (living together for better and for worse),

till death do them part.

Traditionally, marriage has been regarded as an alliance

between two families, rather than just between the two

individuals. This is why pamamanhikan or the meeting and

arrangement between balae or in-laws to-be are still

employed in several provinces and metropolis.

4. MARITAL cUSTOMS

4.1 Endoganmy

It refers to the oldest practice of contracting

marriage from within one's own tribe or group due to

limited communication with outside groups during that

era. The term endogamy is borrowed from the two Greek

words endon, which means within and gamos, which

denote marriage. In other words, endogamy implies

marriage within the social unit. Cultural pressures to

marry within one social group, economic and ethnic

group are still strongly enforced today in some

communities. Some societies and communities strictly

observe the practice of mating only with their siblings

to preserve and maintain the purity of the royal blood

of the clan. This kind of marriage may refer also to the

custom of marrying within a religion or religious sect.

4.2 Exogamy

It refers to the complex way of contracting

marriage outside one's tribe or group. It clearly denotes

the body of laws and customs prohibiting marriage

between members of the same clan, family, or tribe. The

term exogamy is taken from the two Greek words exo,

which means outside and gamos, which denotes marriage.

Exogamous marriage is practiced in order to prevent

any ill effects of inbreeding and the elimination of the

tensions caused by sexual rivalries. Moreover, it

prohibits any incestuous marriages and sexual

intercourse between parents and children or between

brothers and sisters.

5. cONTEMPORARY FORMS OF MARRIAGE

In the Philippines today, there are forms of kasal

or marriage: kasal sa banig or live-in, kasal sa huwes or

civil marriage, and kasal sa simbahan or church marriage.

5.1 Kasal sa banig (live-in marriage)

Several couples (for one reason or another) decided

to live as husband and wife under the same roof and

have children outside of wedlock. This kind of living-

in process has no legal binding force and protection to

both, especially to their children who would be

considered as putok sa buho or illegitimate. Couples

practicing such relationship are not ready yet - both

psychologically and socially - to take serious

responsibility towards their partners and their children

to be. They can separate anytime they like and look for

another partner while their children would be under

the custody of the female parent, as provided in Article

176 of the 1987 Family Code of the Philippines.

5.2 Kasal sa Huwes (civil marriage)

Civil marriage may be defined as a special contract

of permanent union between a man and a woman

entered into in accordance with law for the

establishment of conjugal and family life. It is a

foundation of the family and an inviolable social

institution whose nature, consequences, and incidents

are governed by law and not subject to stipulation,

except that marriage settlements may fix the property

relations during the marriage within the limits provided

by this code (Article 1).

The same Family Code of the Philippines clearly

states both applicants for matrimony (male and female)

are eighteen years of age and free from any legal

impediments (Article 5); no prescribed form or religious

rite for the solemnization of the marriage is required

(Article 6); marriage may be solemnized by any

incumbent member of the judiciary within the courť's

jurisdiction, ship captain or airplane chief, consul-

general or vice-consul in the case provided in Article

10, 56a; and the marriage shall be solemnized publicly

in the chamber of the judge or in the office of the consul

general (Article 8).

5.3 Kasal sa Simbahan (Church marriage)-

Christian couples consider Church wedding as a

Sacrament that binds husband and wife according to

Christ's teaching on marriage and ratified by the 1983

New Code of Canon Law of the Latin Church. The said

law describes marriage as a covenant, by which a man

and a woman establish between themselves a partnership of

their whole life, and which ofits ouwn very nature is ordered

to the well-being of the spouses and to the procreation and

upbringing of children, has, between the baptized, bee

raised by Christ the Lord to the dignity ofa sacrament (CC.

1055). Two contracting parties may be joined in the

sacrament of marriage regardless it both are Catholi

or not. What is important in this sense is that both

parties are baptized according to the true baptism of

Christ. Hence, a valid marriage between two baptized

persons - based on the Roman Catholic perspective.

whether they are Catholics or Protestants is considered

as a sacrament with the same rights as the valid

marriage between two Catholics. The sacramental

feature of marriage, therefore, is founded only on the

baptism and not on the Catholic faith.

Marriage in general, whether as a . or

sacrament, has three vital purposes as stated in the New

Code of Canon Law: bonum prolis, which means the

procreation and education of the offspring (c.1055); bonum

fidei that implies reciprocal fidelity of both husband and wife

(c.1056); and bonum sacramenti, which denotes permanent

and indissolubility of the matrimonial bond (c.1057).

In the Synoptic gospels, Matthew stressed that a

man will leave his father and mother and unite with his wife

and the two will become one. So, they are no longer two but

one. Any man who divorces his wife for any cause other than

her unfaithfulness, commits adultery ifhe marries some other

woman (Mt. 19:3-9).

The 1987 Family Code of the Philippines

mentioned no priest or minister of any church or

religious denominations can solemnize marriage unless

he is duly authorized by his church or religious sect

and registered with the civil registry, acting within t

limits of the written authority granted him by his churc

or religious sect (Article 7, 2).

6. DIVORCE, ANNULMENT, AND LEGAL

SEPARATION

6.1. Divorce

Divorce is a legal act by which a valid marriage is

dissolved granting another opportunity to both parties

to remarry. Indissolubility of marriage is still in effect

among Roman Catholics and Hindus, however, on some

various grounds Buddhists and Muslims recognize it.

Divorce in itself is neither encouraged nor foreordained

by any society or community since marriage is

universally conceived as a permanent union or tie

between man and woman. Marriage dissolution occurs

in several countries when different marital infidelities

arise such as adultery, cruel and inhuman treatment,

desertion, or impotence. The 1987 Family Code of the

Philippines states no provisions concerning divorce.

6.2 Annulment or Nullity

Annulment or nullity of marriage is an act of a

court determining the invalidity of marriage from the

very beginning (ab initio). Marriages subject to

annulment proceedings are classified as void (invalid)

and voidable.

The 1987 Family Code of the Philippines states that

the following marriages shall be void from the very

beginning: those contracted by any party below

eighteen years of age even with the consent of parents

or guardians; those solemnized by any person not

legally authorized to perform marriages... and without

a license; those bigamous and polygamous marriages;

those contracted through mistake of one contracting

party as to the identity of the other; and those

subsequent marriages that are void under Article 53.

(Article 35) The same Code states that marriages

between the following are incestuous and void ab initio:

between ascendants and descendants of any degree:

and between brothers and sisters, whether of the full

or half-blood (Article 37). Moreover, the following

marriages shall be void ab initio for the reasons of public

policy: between collateral blood relations, whether

legitimate or illegitimate, up to the fourth civil degree;

between the step-parents and step-children; between

parents-in-law and children-in-law; between the

adoptive parent and the adopted child; between the

surviving spouse of the adoptive parent and the

adopted child; between the surviving spouse of the

adopted child and the adopter; between adopted

children of the same adopter; and between parties

where one, with the intention to marry the other, killed

that other person's spouse or his or her spouse (Article

38). Finally, a marriage may be annulled for any of the

following causes existing at the time of the marriage:

that the party in whose behalf it is sought to have the

marriage annulled was eighteen years of age or more

but below twenty-one, and the marriage was

solemnized without the consent of the parents, guardian

or person having substitute parental authority over one;

that either party was of unsound mind; that the consent

of either party was obtained by fraud; that the consent

of either party was obtained by force, intimidation or

undue influence; that either party was physically

incapable of consummating the marriage with the other,

and such capacity continues and appears to be

incurable; and that either party was afflicted with a

sexually-transmissible disease found to be serious and

appears to be incurable (Article 45).

6.3 Legal Separation

Separation refers to a mutual agreement by a

husband and a wife to discontinue living together

without dissolving the existence of marriage contract.

A separation agreement contains provisions for the

custody and support of minor children, and the division

of property between the parties as well.

The 1987 Family Code of the Philippines states that

a petition for legal separation may be filed on any of the

followinggrounds: repeated physical violence or grossly

abusive conduct directed against the petitioner, a

common child, or a child of the petitioner; physical

violence or moral pressure to compel the petitioner to

change religious or political affiliation; attempt of

respondent to corrupt or induce the petitioner, a common

child, or a child of the petitioner, to engage in prostitution;

final judgment sentencing the respondent to

imprisonment of more than six years, even if pardoned;

drug addiction or habitual alcoholism of the respondent;

lesbianism or homosexuality of the respondents;

contracting by the respondent of a subsequent bigamous

marriage, whether in the Philippines or abroad; sexual

infidelity or perversion; attempt by the respondent

against the life of the petitioner; or abandonment of

petitioner by respondent without justifiable cause for

more than one year. However, the petition for legal

separation shall be denied on any of the following

grounds: where the aggrieved party has condoned the

offense or act complained of; where the aggrieved party

has consented to the commission of the offense or act

complained of; where there is connivance between the

parties in the commission of the offense or act

constituting the ground for legal separation; where both

parties have given ground for legal separation; where

there is collusion between the parties to obtain the degree

of legal separation; or where the action is barred by

prescription (100a). (Article 56).