Rights and

Obligations
Between
Husband and Wife
Law 111: Persons and Family Relations
RIGHTS AND OBLIGATIONS
between husband and wife
are the CONSEQUENCES of
marriage.

Where the husband has his right, the wife has her
obligation to fulfill, or where the wife has her
right, the husband has the obligation to fulfill .
PURPOSE for providing in law the
rights and obligations of
husband and wife

• for the security of the

general happiness of the
married life from
indissolubility, making them
good husbands and good
wives.
 ARTICLE 68 FC
NO
PERSONAL OBLIGATIONSCOMPULSI
1. Duty to live together; ON
2. Duty to observe mutual love,
NOT
respect and fidelity; and
ABSOLUTE
3. Duty to render mutual help and
support.
 ARTICLE 68 FC
Right and Duty to live together
There should be a CONSENT of NORMAL SEXUAL
MARRIAGE
the wife INTERCOURSE

The law,
RA No. particulary
8353 rape
(MARITAL RAPE)
statutes, aim to PROTECT COHABITATION
the SAFETY and
SEC. 3 of RA No. 9262
PERSONAL LIBERTY of SEXUAL INTERCOURSE
women, including the
wife.
PROCREATION
 ARTICLE 68 FC
Duty to observe mutual love,
respect, and fidelity
The law
InArticle 247
non-observance
requires
of the
love of
these,
MUTUALsuch RPC spouse
AmayRESPECT,
husband be wife canloyalty
andCRIMINALLY chastise or
reprimand each other, but may not
through
liable
inflict or EXCEPT
force, evenwhen CIVILLY
either
observance
catches the other fidelity
ofin the act of sexual
:
liable.
intercourse with a stranger.
 ARTICLE 68 FC
Duty to render mutual help and
support.
Mutual help
Although, it includes
Support includes medical
the
does RIGHT TO
not only
attendance DEFEND
for the sick
THE
referLIFE AND
toeven
spouse, money, HONOR
if the doctor
OF
was THE
but alsoOTHER
called SPOUSE.
by another
MORAL
person. (Pelayo v. Lauron)
(Art. 11, RPC).
SUPPORT.
 Right and Duty to live together
EXEMPTIONS as provided in ART. 69 of the FC, regarding the
FAMILY DOMICILE

1. if the other spouse should live abroad;

In
FACTS:cases where a Pilar
husband or a wife abandons home
HOWEVER, such exemption
Chua Ching Beng and Atilano
a. if the husband lives as a
without
2.residence
if there justifiable
other
with the valid
husband’s
case,
were married and established their family
and
parents.
the
Pilar,
court
vagabond willhavingadmonish
no fixed but
not order
compelling
the wife, objectedhim/her
and refused toto
reasons livereturn;
for and
the home;
with f. if theeven
husband if ancommits
order is
SHALL NOT apply if the same
Chua, claiming that misunderstanding with
made,
exemption; contempt
her parents-in-law like the
resulted proceeding
in quarrels and
g.
e.
on
if
if
the
concubinage
d. the
against
their
continually
b.continuously
if the
husband husband
husband
wife is
living
to
and
asked
him/her
insists
bywill
together
gambles,
maltreats
indulges
leave the in
the
her;
not
support prosper because
bickering. And so Pilar filed an action for
cohabitation is a personal
is NOT COMPATIBLE with the
following againstwhere
obligation,
justified
the husband.

to would
HELD: The action leaveand
the wife is
to compelc.(even
husband
not prosper
with illicit
refuses
such
conjugal
a
(ATILANO
family,
to ifuse
the
his to
spouse
if
own
and
the
violence
husband
parents.
support
relationship
place
v.insults
CHUAthe
concubine
upon
insists on
the
threatening
with such
/s if
her
his
obligation would be thea violation ofnothis/her freedom of
and
SOLIDARITY of the family.
thereby
because misunderstanding
select with
her in-laws
cannot by itself justify a wife’s refusal to live
abode
own which or
with thedomicile
husband. are guaranteedmarital
are
she should
immoderate
CHING BENG)
wife; brought
by theabode);
demands
return
or into
barbaric
Constitution.
from the and
the
home;
wife for
sexual intercourse;
residence:
 ARTICLE 69 FC
The husband and wife shall fix the family
domicile. In case of dis agreement, 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.
 Other Consequences
(Rights/Privileges):
A husband cannot be examined for or
4. Marriages emancipates a person from parental authority. As
The husband
to property, or the
there wife during
is incomplete the marriage
emancipation. (Legalor
against hiscannot
afterwards, wife without
be examined
Independence); herwithout
consent; the
consent of the other as to any communication
nor the wife for or against her husband
received in confidence by one from the other during
5. Awithout
wife should his consent,
use the husband’s EXCEPT in a civil
surname.
the marriage.
case by one against the other, or in a
criminal
6. case
THE MARITAL for a crime
COMMUNICATION committed
RULE (SEC. 24A RULE 130,
by one against
REVISED RULES OFthe other.
COURT)

7. THE MARRIAGE PRIVILIGE RULE (SEC. 22 RULE 130, REVISED

RULES OF COURT)
 ARTICLE 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 their separate properties.”
 ARTICLE 70
Sources of Support:
1.Community Property(All properties owned
by the spouses at the time of the
celebration of their marriage or acquired
thereafter-Article 91)
2.Income or fruits of their Separate
Properties
3.Separate Properties
-property of a spouse who acquired or
to whom was gifted the item or property
not withstanding marriage
 ARTICLE 71
“The management of the
household shall be the right and
duty of both spouses. The
expenses for such management
shall be paid in accordance
with the provisions of Article 70.”
“Management covers consulting the
husband regarding:

1. Interior decoration of a house

2. Nature of Furniture to be bought or
used
3. Kinds of food to be cooked or
kitchen materials needed
4. Family celebrations or parties
5. Number of maids to be hired and
their wages”

-Lawbook Author, cited in Paras

 ARTICLE 72
“When one of the spouses
neglects his or her duties to the
conjugal union or commits acts
which tend to bring danger,
dishonour or injury to the other
or to the family, the aggrieved
party may apply t the court for
relief.”
‘Anyone who brings danger, dishonour or
injury to the other or to the family gives the
aggrieved party the right to apply to the
Courts for relief.’
-Relief may be in the forms of:
1.legal separation
2.nullity of Marriage under Art. 36
3.Receivership
4.Judicial Separation of Property
5.Authority to be the Sole administrator of
Community Property/Conjugal Property
 ARTICLE 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 accrued to the family prior to the
objection or thereafter. If the benefit accrued prior to the
objection, the resulting obligation shall be enforced
against community property. If the benefit is accrued
thereafter, such 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.
• Prior Consent of the other before
entering into a profession is not a
requirement.
• Husband compelling his wife to
desist from pursuing a profession,
occupation or business are acts
of violence against women
under RA 9262(Anti-VAWC Law)
and is punishable.
 Go vs. CA
In Go vs CA, it was proven that wife
entered into a video contract with the
aggrieved parties and was the only one
responsible for the breach of contract
thus SC held that her husband cannot
be held solidarily liable with the wife for
damages because of Article 73. The
contract was an isolated activity
entered into by the wife.
• Article 73, paragraph 2
“Benefit has accrued to the family prior to the
objection or thereafter. If the benefit accrued prior to
the objection, th resulting obligation shall be enforced
against community property. If the benefit is accrued
thereafter, such obligation shall be enforced against
the separate property of the spouse who has not
obtained consent. “

The separate property of the erring spouse shall be liable

for all the obligations relating to such exercise of
profession if the benefits were received after the
objection. The innocent spouse must had no knowledge
of the spouse’s engagement in an immoral activity in
order prior to his/her objection.