The Soldier and the Law

Title

Language

English

Source

Philippine Armed Forces Journal Volume VIII (No. 10) October 1955

Year

1955

Rights

In Copyright - Educational Use Permitted

Fulltext

SOLDIERS are people, and as such, they are subject to the laws of the land, just like any civilian. The laws that govern the domestic relations of a civilian are the same as those of the man in uniform. Most of the members of our armed forces being mar ried people, it would interest them to know the law that governs the marital relations of the husband and the wife. For the bachelors, the said law will serve them as a future reference. The husband and the wife are obliged to live together and that the husband shall fix the resid ence of the family. This provi sion of the law seems to apply more to a civilian than to a sol dier because in most cases it is the top military authorities that “select” where a serviceman should reside because it is in their pow er to determine where he is to be assigned for duty. But this par ticular provision of the law may be applied when the member of the armed forces has been alrea dy assigned, in a certain sector or place. Once thus assigned, and he is allowed to reside outside of the camp, he as head of the fam ily is to reside, and the wife has to abide by his decision. The law says, however, that the wife may be exempted from living with the husband if he should live abroad unless in the service of the Republic. A soldier in active duty, therefore, can always com pel his wife to go with him abroad, because it is understood that once he makes a trip outside of the Philippines he is on duty and therefore in the service of the Republic, either as an attache to a diplomatic foreign office or on a special mission abroad. For a soldier-husband who is assigned to a place away from his home and wife, it would benefit him to know that provision of the law which says that the husband and the wife should observe mu tual respect and fidelity, and render mutual help and support. Speaking of support, the law states that the husband is res ponsible for the support of the 48 wife and the rest of the family. (Family here does not necessarily include in-laws, especially mothersin-law). So, the expenses for the family expense should come first from the earnings of the soldier-husband. This does not mean however that he alone should shoulder the family burden. Thus, if the wife is earning, say as a teacher, she is also required by the law to contribute pro rata to the family budget. A member of the armed forces who should be remiss in his duties to sheel out his salary to the little woman every pay day, should not feel it hard if he will be forced by his superior officer to part with his income, and even going to the extent of ordering the disbursing officer to garnish his salary, be cause this is the law. The hus band, if he is not earning any more, like a retired soldier, is re quired just the same to support the family by finding recourse to his own capital. A husband’s ca pital, among others, is a proper ty which he has inherited from his parents. The husband’s ca pital can only be touched how ever, if the wife does not earn at all, or if she earns, her income is not enough to support the fam ily. It is only in cases therefore where the husband and the wife do not earn, and the husband has The money for the family's needs should come from the earnings of the soldier husband. However, if the wife is earning, she is also required by the low to contribute pro rata to the family budget. 49 If a member of the armed forces has been assigned to a certain sector or place, he is allowed to reside with his family outside the camp if no quarters is provided them. The dwelling shown above is typical of these "quarters." no capital of his own, that it is the wife’s paraphernal property that should answer for the fam ily support. An example of a paraphernal property is an inhe ritance of the wife from her pa rents. Now, what is the meaning of support? Many a soldier believes that once they have given their family the amount to buy the dai ly chow they have performed their obligation to support their family. The law, however, pro vides that support mean not only sustenance of food, but also dwell ing, clothing and medical attend ance, according to the social po sition of the family. Support al so includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority. A soldier-hus band therefore is required to give the amount necessary to support his family according to his social position. In short, a member of the armed forces is required to give part of his salary in propor tion to the amount he is receiv ing. A top brass is required to give more to his family than a buck private. A wife therefore who comes from a rich family cannot legally insist that her hus band, who is only a non-commis sioned officer, should give her the luxuries that she was accus tomed to. She cannot therefore report her husband to his superior officer by saying that she is not provided with cheese and butter during breakfast. Of interest to the soldier-hus band is the fact that he is ridt re quired by law to give his hardearned salary to his wife for her to play mahjong. Expenses for gambling is not considered a sup port for the family. A wife has 50 no legal right also to insist on such luxuries as jewelries and expensive clothing. She is enti tled however to indulge in such pastimes as going to the show, attending club meetings and spend ing therein amounts of money commensurate to the income and social standing of the family. A military man’s wife has no right therefore to report her hus band to headquarters if she is not provided with funds to fi nance her mahjong sessions. Howhis obligations to give the necesever, if the husband will fail in sary support to the family, then it is the opportune time for her to do her reporting. She can even go to the court of justice and sue her husband for non support. However, this takes more time to thresh out than by going to the top army brass for succor. There is a saying that there are only two sure things on earth, and they are, death and taxes. We may add however an other one, and that is, support of the family. A wife who comes from a rich family cannot legally insist is only a non-commissioned officer give her the luxuries that that her husband who she was accustomed to. 51

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