D. Rights and obligations between husband and wife

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

1. TO LIVE TOGETHER

The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (Article 68, Family Code)

Fixed domicile. The husband and wife shall fix the family domicile. (Article 69, Ibid.)

Court to decide in case of disagreement. In case of disagreement, the court shall decide.(Article 69, Ibid.)

The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (Paragraph 2, Article 69, Ibid.)

Support of the family. The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties. (Article 70, Ibid.)

Household management. The management of the household shall be the right and the duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70. (Article 71, Ibid.)

2. PROFESSION, OCCUPATION, BUSINESS

Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds. (Article 73, Ibid.)

Court to decide in case of disagreement. –

In case of disagreement, the court shall decide whether or not:
1) The objection is proper; and
2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent. (Paragraph 2, Article 73, Ibid.)

Creditors in good faith protected. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. (Paragraph 3, Article 73, Ibid.)

3. COURT RELIEF

Apply to the court for relief. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. (Article 72, Ibid.)

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Subjects

Political Law, Labor Law

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