KRAMER VS.
KRAMER
Summary:
This movie presents an eclectic family problems specifically , divorce arrangements
including the child custody of a child. It also shows the rights, duties and commitments of
husband and wife who chose to be separated. The couple separated after the wife felt
disregarded by her husband. The husband , after being left alone in taking care of their
child, his present successful job was compromised and his employer fired him. The husband
did everything just to maintain the custody of their child in the expense of his pride and
dignity .
Legal Concepts/ Themes/ Deviations with Philippine Law:
Family Relations/Divorce/ Rights, duties, and obligations of parents
The wife, feeling disregarded by the husband, abandoned her family without explaining
to her husband her reasons in doing so. Despite this, the husband was able to take of their
child at the expense of his current job which consequently he lost after his boss fired him.
The conflict between the couple arose when their child got an accident. Both parents invoked
their rights over their child. Initially, it was only the father who is in custody of the the child
but the court gave visiting rights to mother.
In the Philippines, our laws don't allow divorce but there is one article in the Civil Code
quoted as "most liberal divorce procedure in the world"1 , the Article 36 of NCC. The most
used article in terminating marital relations or dissolving marriages in the Philippines.
Unlike in the movie, the marriage was terminated just a matter of months. In the Philippines,
parties must undergo different stages to complete the nullity of marriage. 2 Moreover, Article
213 of the Family Code which provides that no child under seven years of age shall be
separated from the mother, unless the court finds compelling reasons to order otherwise. The
general rule that a child under seven years of age shall not be separated from his mother
finds its raison d'êtrein the basic need of a child for his mother's loving care. Only the most
compelling of reasons shall justify the court's awarding the custody of such a child to
someone other than his mother, such as her unfitness to exercise sole parental authority. 3
unlike in the movie, the wife left her family leaving the husband taking care of their child.
Labor laws/ terminating employees
In the movie, the father was terminated in the his job after he was not able to do the task
given to him by his boss. Here in the Philippines, there should be a valid, just or authorized
causes in terminating an employment. The employer should comply with the two-notice rule
1
G.R. No. 203284, November 14, 2016
2
A.M. No. 02-11-10-SC, March 4, 2003
3
G.R. No. 118870 March 29, 1996
to make the dismissal valid. 4In termination cases, the burden of proof rests upon the
employer to show that the dismissal is for just and valid cause; failure to do so would
necessarily mean that the dismissal was illegal.5 In the movie, neither of the following
circumstances to make the dismissal was present.
Reflections:
The movie displayed same problems/cases we have in the Philippines and the most
affected emotionally with these kinds of cases are the children of couples. Some of the
decided cases were custody were granted to the grandparent to citing that the paramount
consideration should be the welfare of children.6
4
G.R. No. 212616, July 10, 2017
5
589 Phil. 306 (2008)
6
G.R. No. L-68374 June 18, 1985
