This is a comprehensive report on one of the essential articles found within the 1987 Philippine Constitution, Article 15: The Family.

1. Art. XV to XVII
01
OF THE 1987 CONSTITUTION

2. Art. XV to XVII 02
PART A - THE FAMILY
PART B - GENERAL PROVISIONS
PART C - AMENDMENTS AND
REVISIONS
IT COVERS THREE PARTS:

3. THE FAMILY 03
SECTION 1 - FAMILY
SECTION 2 - MARRIAGE
SECTION 3 - THE RIGHTS
SECTION 4 - THE ELDERLY

4. 04
SECTION 1:
The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its total
development.
SECTION 1 - FAMILY

5. 05
WHY IS THERE A SEPARATE ARTICLE ON FAMILY?
The reason is to emphasize the
importance of the family.
SECTION 1 - FAMILY

6. 06 CONCEPT OF FAMILY
The family is a group of
persons united together
by ties of marriage and
blood.

7. POINT 1
It is the basic unit of the state. It is the very
heart of the society. It is formed in response
to human needs and inclinations that are
deeply rooted in the nature of men
THE IMPORTANCE OF THE FAMILY TO THE STATE
*IT IS THE BASIC SOCIAL
INSTITUTION
07

8. IT IS THE COMMUNITY'S FIRST SOCIALIZING AGENCY
*It is here that the child learns obedience,
cooperation and respect for the rights of
others.
08
The unity and love and other values being honored
in practice in the family makes it the most effective
training ground for good citizenship. Families shape
the future of humanity for all future generations

9. 09
Duties of the State:
The state is mandated to strengthen
its solidarity and actively promote its
total development.
The state has the obligation to actively
promote it.

10. 10
Duties of the State:
Numerous social and economic problems
can trace their roots in the weakening of
the family as a basic social institution.
If we want a united and strong
Philippines, we must strengthen and build
up the Filipino home by keeping it united
as it has traditionally been.

11. 11
No law shall be made to
regulate such matters as the
sexual relations of the spouses
or the right of each spouse to
open correspondence of the
other, or the career that
parents should choose for
their children.
The state recognizes the sanctity of family life:
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12. 12
1. It shall protect and strengthen the family
as a basic autonomous social institution.
2. It shall equally protect the life of the
mother and the life of the unborn from
conception.
3. The natural primary right and duty of
parents in the rearing of the youth for civic
efficiency and the development of moral
character shall receive the aid and support
of the government.
3 Responsibilities of the state when the Constitution states
that the “The state recognizes the sanctity of family life”
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13. The law steps in to protect the
rights of the children and wife
against the abuses of the husband.
To determine the relations of
members of the family in matters
where society has an interest such
as support, parental authority, to
regulate the rights and liability of
each member.
13 It is only when the public interest are concerned that the LAW
fixes rules regulating family relations.
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14. 14 SECTION 2 - Marriage
Marriage, as an inviolable social
institution, is the foundation of the
family and shall be protected by the
state

15. QUESTIONS REGARDING MARRIAGE
15
Q: Does the Constitution have authority on
the parameters on the the state protection
of marriage as social institution
A: No. It is the legislature (Congress)
who has the authority to define the
legal aspects of marriage and prescribe
the strategies and modalities to protect
it.

16. QUESTIONS REGARDING MARRIAGE
16
Q: Is Divorce as contemplated in the Family
code, limited only to foreign divorce
initiated by an alien spouse?
A: No. It is also applicable to divorce
initiated by Filipino spouse, to ensure
fundamental equality of human rights
and between men and women

17. 17
Q: Is Same sex marriage valid and
constitutional?
A: There is no blanket prohibition on
same sex marriage in the constitution.
While indeed marriage must be
regarded as an inviolable social
institution
QUESTIONS REGARDING MARRIAGE

18. THE STATE SHALL DEFEND:
(1) The right of spouses to found a family in accordance with
their religious convictions and the demands of responsible
parenthood;
(2) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their development;
(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the
planning and implementation of policies and programs that affect them.
18 SECTION 3 - THE RIGHTS

19. RIGHT OF SPOUSES (SUBSEC. 1)
The state is prohibited from interfering to determine the
size of their own family according to their own family
according to their religious convictions and the demands of
responsible parenthood.
19
Q: Does a law limiting the tax benefits of children in excess
of four in one family, violate the Section 3 Constitutional
provision in protecting the right of parents to determine the
size of their family?
A: No. The law does not categorically answer this, but what
is instead clear in Section 3 is the intent to prohibit
coercive methods of family limitation.

20. RIGHT OF SPOUSES (SUBSEC. 1)
20
Q: Does the 1987 Constitution espouse a
population policy?
A: No. The Constitution is silent about a
population policy, however it has not
denied the governments’ rights to
population policies conducive to the
general welfare.

21. RIGHTS OF CHILDREN (SUBSEC. 2)
21
To be born, to have a name and nationality.
To have a family who will love and care for
them.
To live in a peaceful community and
wholesome environment.
To have adequate food and a healthy and
active body.
To obtain a good education and develop
their potential.

22. RIGHTS OF CHILDREN (SUBSEC. 2)
22
To be given opportunities for play and
leisure.
To be protected against abuse,
exploitation, neglect, violence, and danger.
To be defended and given assistance by the
government.
To be able to express their own views
Based from the "Universal Declaration of the Rights of a Child"

23. RIGHTS OF CHILDREN (SUBSEC. 2)
23
Laws or Legislation espousing for
the rights and protection of children:
1) Revised Penal Code
2) Child and Youth Welfare code

24. R.A 7610
24 Known as the "Special Protection of Children
Against Abuse, Exploitation and Discrimination
Act."
It is hereby declared to be the policy of the State to
provide special protection to children from all firms of
abuse, neglect, cruelty exploitation and discrimination and
other conditions, prejudicial their development; provide
sanctions for their commission and carry out a program
for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination.

25. PRESIDENTIAL DECREE NO. 603: THE CHILD AND YOUTH WELFARE CODE
25 The Child is one of the most important assets of the nation.
Every effort should be exerted to promote his welfare and
enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his
individual traits and aptitudes should be cultivated to the
utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child start at the home.
Consequently, every member of the family should strive to
make the home a wholesome and harmonious place as its
atmosphere and conditions will greatly influence the child's
development.

26. PRESIDENTIAL DECREE NO. 603: THE CHILD AND YOUTH WELFARE CODE
26 Attachment to the home and strong family ties should be
encouraged but not to the extent of making the home isolated
and exclusive and unconcerned with the interests of the
community and the country.
The natural right and duty of parents in the rearing of the child
for civic efficiency should receive the aid and support of the
government.
Other institutions, like the school, the church, the guild, and
the community in general, should assist the home and the
State in the endeavor to prepare the child for the
responsibilities of adulthood.

27. A family is entitled at least to have a
decent home, sufficient food, adequate
clothing and medical care.
Parents should have the financial capacity
to educate children at least up to high
school and save for emergencies that may
happen.
RIGHT OF FAMILY (SUBSEC. 3)
27

28. RIGHT OF FAMILY (SUBSEC. 3)
28
Q: What does the guarantee to a family living
wage and income pertain to, in terms of wages?
A: It does not pertain merely to wages/salary
but also to welfare grants i.e. state benefits,
but this is however dependent on availability of
state funds.

29. RIGHT OF FAMILIES OR FAMILY ORGANIZATION (SUBSEC. 4)
29 The state guarantees the right of the people and
people's organizations to participate "at all levels
of social, political. and economic decision-
making" in matters affecting the various sectors
they represent.
R.A. No. 8369 (October 28, 1997) establishes
Child and Family Courts to exclusively handle
criminal and civil cases involving children and/or
family relations.

30. IMBONG V. OCHOA, GR 204819, APRIL 8, 2014
30
Republic Act (R.A.) No. 10354, otherwise known as the
Responsible Parenthood and Reproductive Health Act of
2012 (RH Law), was enacted by Congress on December 21,
2012.
This law guaranteed universal and free access to nearly all
modern contraceptives to all citizens, including those living
in poverty, through government health centers.
The law also mandated reproductive health education in
government schools and recognized the right to post-
abortion care as part of the right to reproductive healthcare.
FACTS

31. IMBONG V. OCHOA, GR 204819, APRIL 8, 2014
31 The RH Law was immediately challenged by
various religious and conservative groups.
The Supreme Court of the Philippines issued an
order preventing the law from going into effect
pending a final judgment.
The RH Law was challenged on the grounds that
it violated a range of constitutional rights, such
as the rights to life, health, freedom of religion
and speech, and privacy.

32. IMBONG V. OCHOA, GR 204819, APRIL 8, 2014
32
a) Right to Life - NO
b) Right to Health - PREMATURE
c) Freedom of Religion and the Right to Free Speech - NO
d) The Family and the Right to Privacy - YES
e) Freedom of Expression and Academic Freedom -
PREMATURE
f) Due Process - NO
g) Equal Protection - NO
h) Involuntary Servitude - NO
i) Delegation of Authority to the FDA - NO
j) Autonomy of Local Governments / ARMM - NO
ISSUE/S
1. Whether or not Whether the RH law is unconstitutional, with
regards to:

33. IMBONG V. OCHOA, GR 204819, APRIL 8, 2014
33 HOLDINGS/RULINGS
In general, NO. The RH Law, in its entirety, is not
unconstitutional, however, unconstitutional in some aspects.
d) The Family and the Right to Privacy
YES. RH Law is unconstitutional by intruding into marital privacy
and autonomy.
The RH Law contains provisions which tend to wreck the family
as a solid social institution. It bars the husband and/or the
father from participating in the decision making process
regarding their common future progeny. It likewise deprives
the parents of their authority over their minor daughter simply
because she is already a parent or had suffered a miscarriage.

34. IMBONG V. OCHOA, GR 204819, APRIL 8, 2014
34 The RH Law cannot be allowed to infringe upon this mutual
decision-making. By giving absolute authority to the spouse
who would undergo a procedure, and barring the other spouse
from participating in the decision would drive a wedge between
the husband and wife, possibly result in bitter animosity, and
endanger the marriage and the family, all for the sake of
reducing the population. This would be a marked departure from
the policy of the State to protect marriage as an inviolable social
institution.
At any rate, in case of conflict between the couple, the courts
will decide.

35. IMBONG V. OCHOA, GR 204819, APRIL 8, 2014
35
It disregards and disobeys the constitutional mandate
that "the natural and primary right and duty of parents
in the rearing of the youth for civic efficiency and the
development of moral character shall receive the
support of the Government."
In this regard, Commissioner Bernas wrote:
“The 1987 provision has added the adjective "primary"
to modify the right of parents. It imports the assertion
that the right of parents is superior to that of the State.”

36. 36 SECTION 4
The family has the duty to care for its
elderly members, but the State may
also do so through just programs of
social security.

37. Thank you
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