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040 _aUniversity of Cebu- Banilad
_cUniversity of Cebu- Banilad
100 _aRoble, Cherry C.
245 _aInfidelity with abandonment:
_bshould it be a ground to dissolve a marriage? /
_cCherry C. Roble.
260 _aCebu City :
_c2018.
_bUniversity of Cebu,
300 _aviii, 70 leaves :
336 _2rdacontent
_atext
337 _2rdamedia
_aunmediated
338 _2rdacarrier
_avolume
501 _aThesis (Degree of Juris Doctor) -- University of Cebu- Banilad, 2018.
504 _aIncludes bibliographical references (leaves 62-65).
520 _aSummary: at present, it cannot be denied that marital infidelity and abandonment are on the list of issues that have caught the interest of the public. Needless to say, infidelity destroys a family, especially if the offending spouse would subsequently abandon the conjugal home to cohabit with his/her paramour. It is well-recognized that the state has the constitutional duty to protect and promote the sanctity of marriage and strengthen the marriage and family as the basic social institution. However, it has been held that the constitution itself does not establish the parameters of state protection to marriage as social institution and the foundation of the family. With the avowed interest of the state in promoting marriage as the foundation of the family, which serves as the foundation of the nation, there is also a corresponding interest for the state to defend against marriages ill-equipped to promote family life. Accordingly,this study seeks to determine the legal feasibility of making marital infidelity with abandonment as a new ground to dissolve a marriage. In this study, the researcher utilized the qualitative method for the proper determination and accomplishment of the main objectives. A thematic analysis over the statements obtained from the key informants was also made in order to deduce therefrom commonality of responses regarding the questions raised by the researcher thru an interview guide, such as the question about the cause or reason of the separation. The researcher found that with the prevalence of cases of marital infidelity and abandonment in the country, the legal separation provided under the Family Code as a remedy is neither sufficient nor effective as a remedy given to the offended spouse. It is concluded that to compel the offended and abandoned spouse to stay in a marriage burdened with infidelity is not in consonance with the state's constitutional duty to strengthen and promote total development of Filipino family; legal separation does not also entitle the offended spouse to remarry, and the possibility that a sexual transmissible disease might have been already acquired by the offending spouse from the extramarital affair, is high. Hence, it is recommended that the family code be amended to include the ground of marital infidelity with abandonment as a new ground to dissolve a marriage.
541 _xBaldomero Estenzo
_yLaw
_zLaw
541 _xBaldomero Estenzo
_yLaw
_zLaw
546 _aEnglish
942 _2ddc
_cTHE
998 _cmariz[new]
_d05/31/2018
998 _ccrislyn[added]
_d05/11/2019
999 _c8432
_d8432