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TITLE III

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND


WIFE

Art. 68. The husband and wife are obliged to live together, observe
mutual love, respect and fidelity, and render mutual help and
support. (109a)

Art. 69. The husband and wife shall fix the family domicile. In case
of disagreement, the court shall decide.

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. (110a)

Art. 70. 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. (111a)

Art. 71. 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. (115a)

Art. 72. 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. (116a)

Art. 73. 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.
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.

The foregoing provisions shall not prejudice the rights of creditors


who acted in good faith. (117a)
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE GR: performance of essential marital obligation under Art. 68
cannot be compelled by court because it will be a violation of
Rights and obligations of Spouses personal liberty

1. Essential marital obligations: (LOR) XPN: Giving support


a. to Live together, which includes consortium
(cohabitation) and copulation (sexual intercourse
When the Court may exempt one spouse from living with the
b. to Observe mutual love, respect, and fidelity other

c. to Render mutual help and support Court may exempt one spouse from living with the other if:
a. the other should live abroad;
b. if there is a valid and compelling reason
2. Fix the family domicile
NOTE: The Court shall not grant the exemption if the same is not
The right to choose the family domicile belongs to both the compatible with the solidarity of the family.
husband and the wife. in case of disagreement, the court shall
decide

3. Jointly support the family


 Expenses shall be paid from the community property
 In the absence thereof, from the income or fruits of
their separate properties
 In the absence or insufficiency thereof, from their
separate properties

4. Manage the household

5. Not to neglect duties, or commits acts which tend to bring


danger, dishonor or injury to the family

6. Exercise or practice any legitimate profession, business or


activity, even without the consent of the other

GR: Under RA No. 9262, of the husband prevents his wife


from engaging in any legitimate profession, occupation,
business or activity (POBA), he has committed an act of
violence punishable by the said law

XPN: Objection based on valid, serious and moral grounds

LIABILITY FOR OBLIGATION INCURRED IN CASE OF


OBJECTION AND FOUND BY COURT TO BE PROPER:

if benefit has accrued to the Absolute community or


family PRIOR to the conjugal partnership
objection
if benefit has accrued to the Separate property of the
family AFTER the objection spouse who has not obtained
consent
If no benefit to the family Separate property of the
spouse who has not obtained
consent

Other Obligations of Spouses

1. Exercise the duties and enjoy the rights of parents;


2. Answer for civil liability arising from injuries caused by
children below 18;
3. Exercise parental authority over children’s property

Essential Marital Obligations cannot be compelled by Court