MARRIAGE

a personal union of individuals. This union may also be called matrimony, while the ceremony that marks its
beginning is called a wedding and the status created is sometimes called wedlock.

ESSENTIAL REQUISITES OF MARRIAGE

1. Legal capacity of contracting parties who must be male and a female.

Age 18-21 - Needs parental consent

Age 22-25 - Needs parental advise

2. Consent freely given in the presence of the solemnizing officer.

3. A marriage ceremony.

FORMS OF MARRIAGE

1. Monogamy- one male and one female only.

2. Polygamy- one person of one sex and minimum of two persons of the other sex.

Types of Polygamy:

a. Polyandry- one woman to 2 or more men.

b. Polygyny- one man to 2 or more women.

ANNULMENT

a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is
considered never to have existed.

6 GROUNDS OF ANNULMENT

1. That the party in whose behalf it is sought to have the marriage annulled was 18 years of age or over but below
21, and the marriage was solemnized WITHOUT the consent of the parents, guardian or person having parental
authority over the party (strictly in that order), UNLESS after attaining the age of 21, such party freely cohabited
with the other and both lived together as husband and wife.
2. That EITHER party was of UNSOUND MIND, unless such party after coming to reason, free cohabitated with the
other as husband and wife.

3. That the consent of either party was obtained by FRAUD, unless such party afterwards, with full knowledge of the
facts constituting the fraud, freely cohabitated with the other as husband and wife.(previous conviction, pregnant by
a man other than his hubby, STD, drug addiction, habitual alcoholism or homosexuality-Art 46, FC, Desiderio 2006)

4. That the consent of either party was obtained by FORCE, INTIMIDATION or UNDUE INFLUENCE, unless the same
having disappeared or ceased, such party thereafter cohabited with the other as husband and wife.

5. That either party was PHYSICALLY INCAPABLE of consummating the marriage with the other, and such incapacity
continues and appears INCURABLE; or 6. That either party was afflicted with a SEXUALLY- TRANSMISSBLE DISEASE
found to be serious and appears to be incurable (Art. 45, FC, Desiderio, 2006).

LEGAL SEPARATION

A legal remedy for couples suffering from a problematic marriage. In legal separation, the couple is allowed to
live apart and separately own assets. However, legally separated couples are not permitted to remarry, since their
marriage is still considered valid and subsisting.
10 GROUNDS FOR LEGAL SEPARATION

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child
of the petitioner;
2. 2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or inducement;
4. Final judgment sentencing the respondent to imprisonment of more than 6 years even if pardoned.
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality (sexually attracted to people of the same sex) of the respondent;
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the life of the petitioner;
10. Abandonment of the petitioner by respondent without justifiable cause for more than one year (Art. 55, FC,
Desiderio, 2006)

LEGAL SEPARATION VS ANNULMENT

 In legal separation the marriage is not EFFECTIVE.

 Grounds arise only AFTER the marriage.
 Spouses are STIIL MARRIED.
 Has 10 grounds
 In Annulment, the marriage is DEFECTIVE.
 Grounds must exist at the time of or before the marriage.
 The marriage is SET ASIDE and Marriage is considered never to have existed.
 Has 6 grounds

SCHOOL

 Institution responsible for the training of young person's intellectual, moral, as well as social skills which they
need for them to grow up as a productive, law-abiding and responsible citizens.
 Considered the second home of a child, with teachers as the second parents.
 Some instances of delinquent conduct to the school-child relationship are the following:

1. Failure of the school in character development of the children and youth.

2. Use of methods that create the conditions of failure or frustrations on the students.

3. Lack of facilities for curricular and extra-curricular activities.

B. PHYSICAL ABUSE NEGLECT

 Abuse can either be physical (which includes sexual) or mental.

 As children grow into adults, they remember the rule: if you love someone, you may hit them for their own
good.
 Once hitting is viewed as acceptable, it becomes relatively easy to understand why there are millions of
incidents of domestic violence.

ABUSE VS. NEGLECT

abuse is to act excessively WHILE neglect is failure to act.

 states those BAD families are BROKEN and made violent by economic circumstances and inequality. Members
are deprived of opportunities to develop respectable livelihoods. (ELLIOT CURRIE)

1. A feeling of vulnerability and a need to protect oneself.

2. A belief that no one can be trusted. 3. A need to maintain social distance. 4. A willingness to use violence and
intimidation to repel others.

5. An attraction to similarly defensive people.

6. An expectation that no one will come to his or her aid.

“One of the strongest positions on the relationship of abuse and delinquency comes from Fleishers study of the Crips
and Bloods, West Coast street gangs. As a consequence of abused, these young boys

develop what Fleisher calls a "defensive worldview" namely:”

CYCLE OF ABUSE

➤ A cycle of abuse has been proven time and time again. When something is characterized as being cyclical it means
that it occurs in a repeating pattern. Abuse is identifiable as being cyclical in two ways; it is both generational and
episodic.

 Generational cycles of abuse are passed down, by example and exposure, from parents to children.
 Episodic abuse occurs in a repeating pattern with the context of at least two individuals within a family system.
It may involve spousal abuse, child abuse, or even elder abuse.

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1. The cycle of episodic abuse begins with a major abusive behavior such as loud verbal abuse, screaming and/or verbal
harassment and even a threat of physical assault.

2. A period of remorse follows. The abusive individual will go to great lengths to seek forgiveness and offer assurances
that the abusive behavior will never occur again. An abusive spouse may bring flowers or expensive gifts. "Oh honey,
you that I would never hurt you. I am so sorry. You how much I need you". An abusive husband may seek reassurance
from his wife that she will never leave him.

3. The third portion of the cycle is characterized by a period of "normalcy". During this time frame the abusive spouse
may appear to be truly living his or her repentance. Great effort will be expended to please and lull the victim of abuse
into believing that the worst is now over.

4. Over time, tension will begin to replace the easy atmosphere in the home. Irritability will increase, followed by vailed
accusations by the abuser, blaming the other spouse for his or her frustration and unhappiness. Eventually, this
escalating behavior will give way to another episode of full-blown verbal and/or physical abuse.

“The episodic cycle of abuse is characterized by distinct periods of behavior that eventually result in an extreme episode
of verbal and/or physical abuse. Typically, victims of abuse leave in denial of this reoccurring pattern.”

__________________________________________________________________________________________________

 A cycle of abuse is really broken without outside help.

 Victims need to learn how to set boundaries that protect them and help them to break free of the cycle of
victimization.
 Abusers must confront and take responsibility for the verbal and physical abusive patterns of behavior.
 Both victim and abuser need to consider professional counselling as means to stop the cycle of abuse.
 Individuals who are living in environments characterized by a cyclical form of abuse should make personal
safety a matter of urgent priority.
 Verbal abuse can quickly escalate into a related, but more deadly form of abuse, physical violence.

TYPES OF ABUSE

1. PHYSICAL ABUSE - Any non-accidental physical injury to a child. It can include hitting, kicking, burning, or biting a
child.
2. NEGLECT - The failure of a parent or guardian to provide needed food, clothing, shelter, medical care, or
supervision to the degree that the child's health, safety, and well-being are threatened with harm.

*A child is any person under the age of 18

3. EMOTIONAL ABUSE - Behaviours, words, and actions of an individual in a child's life that have a negative mental
impact on a child.
4. VERBAL ABUSE - A form of emotional abuse that involves name calling, threats, intimidation, teasing, sarcasm,
and yelling.
5. SEXUAL ABUSE - Any sexual act, sexual threat or intimidation imposed on a child.

TYPOLOGY OF ABUSERS

1. Socially and Parentally Incompetent: a type of abuser who, upon supportive and warm questioning, usually
reveals a pattern of being abused as a child and is simply perpetuating his/her own child rearing practices.

2. Situational Abuser: A combination of circumstances and events, which may result in abuse such as the following: a
parent being absent from the home, a new stepparent attempting to assume the role of father or mother, three
preschool children in diapers.

3. Accidental/Unknowing Abuser: individuals who are abusive by exercising poor caretaker judgment, such as
permitting a child to play with dangerous objects (such as a pistol). In this category, we sometimes find the mentally
retarded caretaker, the senile grandparent, etc.

4. Sub-cultural Abuser: a term used to refer either to those who abuse children on religious grounds (from Biblical
injunctions which are misinterpreted) and to those who subscribe to the "Subculture of Violence," so named by
Wolfgang.
 5. Self-identified Abuser: Caretakers in this classification feel they are abusive and, in fact, using the five criteria
listed, may or may not be abusive. They do need treatment, are motivated, and change rapidly.

6. Institutional Prescribed Abuser: sometimes abuse occurs in the institution because of beliefs on which these
institutions are grounded.

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CAUSES OF CHILD ABUSE AND NEGLECT

 Parents/adults may abuse children due to ignorance, emotional maturity, stresses such as marital or
economic problems, a predisposition toward maltreatment (perhaps as a result of having been abuse,
molested or neglected), a lack of constructive outlets for tension, anger or aggression, or poor impulse
control.
 In addition, parents and other adults may abuse children as a result of mental disturbance, sexual
perversion and those under the influence of alcohol and prohibited drugs.
 Study shows that most child abusers have been victim of child abuse.

TWO WAYS OF DISCLOSURE

1. Direct Disclosure - sometimes children tell others directly that they are being abused and neglected. They will
start with an example and watch how you react. Research indicates that children tell their story many times
before action is taken. You should respond to a child's disclosure of abuse or neglect with an open mind and a
willingness to believe them
2. Indirect Disclosure - sometimes children do not tell others directly but use indirect methods of communicating
about their abuse or neglect. These includes their behaviors, emotions, art, writing, appearance, inquiries,
discussion of fears, concerns or relationship. Children also divulge information through indirect statements,
made with conditions or third party statements.

C. ADOLESCENCE, PEERS AND DELINQUENCY

ADOLESCENT PEER RELATIONS

 Parents are the primary source of influence in early years.

 Between ages 8-14, children typically begin to seek out a stable peer group.

• Friends have a greater influence than parents over decision making.

 •Children form cliques Small groups of friends who share intimate knowledge and confidences.

 Also belong to crowds

• Loosely organized groups who share interests and activities.

 Adolescent self-image is performed by perceptions of one's place in the social world.

 Acceptance by peers:

•Has a major impact on socialization.

•Close affiliation with a high status peer crowd protects against depression and other negative psychological
symptoms.

 Poor peer relations:

•Related to high social anxiety.

 Type of friends:

•Controversial status youth

•Aggressive kids who are either highly liked or intensely disliked by their peers.

•This sort of youth is most likely to engage in antisocial behavior.

 Research shows that peer group relationships are closely tied to delinquent behavior.

■ Co-offending - delinquent acts tend to be committed in small groups rather than alone.

■ Adolescents who maintain delinquent friends are more likely to engage in antisocial behavior and drug use.

THE DIRECTION OF PEER INFLUENCE

1. Control Theory: Antisocial adolescents seek out like-minded peers for criminal association and to conduct
criminal transactions.
2. Labelling Theory: Deviant kids are forced to choose deviant peers.
3. Social Learning Theory: Delinquent friends cause law-abiding youth to get in trouble.
4. According to routine activities: Kids with like-minded peers without parental control are more likely to be
involved in delinquency.

Normally speaking, adolescents want to belong or to be part of a social collectively. Indeed, the adolescent who is a
social isolate is often seen as deviant. Further, most delinquent activity centers on group behavior. Delinquency often
satisfies the juvenile's needs for excitement and togetherness. Even with cases of serious criminal acts, juveniles will
report that they acted on the basis of a dare or considered the act just fun and games.

PEER PRESSURE: THE ALARMIST VIEW

➤ If the alarmist seems to fear the youth subculture, others are quick to reassure us that it is either just a phase or
relatively innocent stage in normal adolescent maturation.

> Theodore Caplow suggests that the slowing modernization has meant that the world of today is much closer to the
world of their parents than it was for the two or three preceding generations.

LEVELS OF DELINQUENCY

1. Street offenses- focus on serious crimes that occur on the street and are often concern to citizens and policy makers
and the like.
2. Other serious offenses- include behaviors that, while not in the street crime category, are nevertheless considered as
serious delinquency.

3. Minor offenses- refers primarily to status offenses and other public nuisance type behavior.

4. Non- offending

FEMALE DELINQUENCY

1. Most members were school drop outs who were affiliated with a male

gang are who usually played the traditional roles of girlfriends or weapon carriers.

“Giordano argues that females who become involved in delinquent acts would have to adopt an attitude in which
delinquency is viewed as appropriate or desirable, and friendship style in which they would encourage each other as a
group to act these beliefs.”

3. Some girls became members because they were tough and professed those values that were typically applied to
males.

4. The probability of being accepted into the gang increased if the girl was pretty or already dating one of the core
members.

D. DRUGS AND DELINQUENCY

WHY DO YOUTHS TAKE DRUGS

1. Social Disorganization (poverty)

2. Peer Pressure

3. Family Factors

4. Genetic Factors

5. Emotional Problems

6. Problem behavior syndrome

7. Rational Choice

CAUSES OF DRUG USE

1. Double failure by the individual- in anomie theory, Melton argued that in a competitive and materialistic society, in
which success through legitimate avenues is attainable by relatively few individuals, those persons unable to achieve
success are likely to choose deviant modes of adaptation to deal with their failure.

2. Weakening of social control- according to social control theory, delinquency is the result of an absence or weakening
of that social control mechanism that ensure conformity.

3. Socialization into drug use by the subculture- the basic premise of this perspective is that youths begin and continue
to use drugs as a result of their involvement in social groups in which drug use is considered.

4. Oppression and family conflict- these children often turn to drugs. Parental failures, fighting, extreme or inconsistent
discipline of their children, lack of communication, physical and sexual abuse, emotional distance, and disrupted
marriage all take their toll 57 h children.

Association between drug use and delinquency has been definitively established and can take a number of forms:
•Crime may be an instrument of the drug trade.

•Users may also commit crimes to pay for their habits.

•Users may be more willing to take risks, as inhibitions are lowered by substance abuse.

E. ENVIRONMENT

The following are the possible influences of the environment to the child:

a. Associations with criminal groups;

b. Alcoholism and drug addiction;

c. Impulse of fear;

d. Crime inducing situation that caused criminalistics tendencies; and

e. Imitated instinct like selfishness, violence and anti-social wishes.

G. MASS MEDIA

 Mass media embraces all kinds of communications where a child is exposed to. It covers up everything that a
child hears and sees that leaves behind in his or her imagination. It could be anything a child saw on television,
heard over the radio, read form a book or magazine, or even saw in a movie house.
 Research studies have identified the following domains of influence in which media content has been shown to
have negative effects on children: violence and aggressive behavior, sexual content, body image and self-
esteem, and physical health and school performance.

What is Media Violence?

•Media violence - the depiction or dissemination of violent or other explicit material or images in a manner that is
considered harmful to viewers through media sources such as television, radio, music, film, literature, comic books, and
video games.

•The Psychological Effects of Violent Media on Children

■Everything that children see or hear in the media early on in their lives affects them in some way.

■Children who view media violence are more likely to have increased feelings of hostility.

■ Imitation of violent behavior lead to Injury and death