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)

COMMENTS:

§ 90. Rights and Obligations between Husband and Wife

[90.1] In general

[90.2] Cohabitation

[90.3] Sexual relations

[90.4] Mutual love, respect and fidelity

[90.5] Mutual Help and Support

[90.1] In General

The marriage relationship creates certain personal rights and duties

as between the husband and wife.1 These rights and obligations ordinarily

continue as long as the marriage endures,2 but they usually terminate on the

death of either of the spouses.3 Thus, one spouse, by virtue of the marriage

relation, has the right to the society, companionship, services, love, affec-

tion, respect, fidelity, help and support of the other.4

[90.2] Cohabitation

A spouse’s obligation to live and cohabit with his or her partner in

marriage is a basic ground rule in marriage.5 Thus, the first in the list of

the mutual rights and obligations of the spouses is cohabitation or the

obligation to live together.6 Cohabitation, at the very least, is public

assumption by a man and a woman of the marital relation, and dwelling

together as man and wife, thereby holding themselves out to the public

as such.7

While the spouses are obliged to live together, the court is power-
less to enforce such obligation. The sanction therefor is actually the

“spontaneous, mutual affection between husband and wife and not any

legal mandate or court order.”8 Thus, in one case,9 the wife filed a

petition with the Court of Appeals for habeas corpus to have custody of

her husband in consortium alleging that her children were illegally

restraining her husband to fraudulently deprive her of property rights

out of pure greed. She claimed that her two children were using their

sick and frail father to sign away the spouses’ property to companies

controlled by the two children. The wife states that Article XII of the

1987 Constitution and Articles 68 and 69 of the Family Code support

her position that as spouses, they are duty bound to live together and

care for each other. When the Court was convinced that the husband was

not mentally incapacitated to choose whether to see his wife or not, the

Court held ––

“The law provides that the husband and the wife are

obliged to live together, observe mutual love, respect and fi-

delity. The sanction therefor is the “spontaneous, mutual af-

fection between husband and wife and not any legal mandate

or court order” to enforce consortium.

Obviously, there was absence of empathy between

spouses Erlinda and Potenciano, having separated from bed

and board since 1972. We defined empathy as a shared feel-

ing between husband and wife experienced not only by hav-

ing spontaneous sexual intimacy but a deep sense of spiritual

communion. Marital union is a two-way process.

Marriage is definitely for two loving adults who view

the relationship with “amor gignit amorem” respect, sacri-

fice and a continuing commitment to togetherness, conscious

of its value as a sublime social institution.”

While the courts cannot force one of the spouses to cohabit with

the other, the law, however, provides for other remedies and sanctions.

For example, if a spouse without just cause abandons the other, the ag-

grieved spouse may petition the court for receivership, for judicial sepa-

ration of property or for authority to be the sole administrator of the

absolute community or of the conjugal partnership property.10 Upon a

judicial declaration of abandonment of his or her children, the parent

concerned may likewise be deprived of parental authority.11 The deserted

spouse cannot likewise be obliged to give support to the other spouse

who refuses to live with him or her without just cause.12

[90.3] Sexual Relations

The right to live together, as earlier intimated, also includes the

right to demand sexual intimacy from the other spouse. Evidently, one

of the essential marital obligations under the Family Code is to “procre-

ate children based on the universal principle that procreation of children

through sexual cooperation is the basic end of marriage.”13 Constant

non-fulfillment of this obligation will finally destroy the integrity or

wholeness of the marriage.14 Thus, the senseless and protracted refusal

of one of the parties to fulfill this marital obligation is equivalent to

psychological incapacity.15

While the husband has the right to insist on sexual relations with

the wife, there is a view that he can do so only if he has the right of

consortium with his wife arising from connubial relations.16 If, how-

ever, they are legally separated, although the marital bonds are not sev-

ered and in law they remain as husband and wife, the husband no longer

has the right of consortium and if he forces his wife to submit to him, he

could be liable for rape.17 In addition, the wife may refuse to accede to
unchaste sexual intercourse.18 In one case,19 for example, the husband

demanded that the wife perform unchaste and lascivious acts on his genital

organs and because she spurred such obscene demands, refusing any act

other than normal sexual intercourse, he maltreated her and inflicted

bodily harm upon her. When the wife left the conjugal home, the Court

held that she was entitled to separate maintenance because she was forced

to leave the marital home without fault on her part.

[90.4] Mutual Love, Respect and Fidelity

It is said that marriage is definitely not for children but for two

consenting adults who view the relationship with love amor gignit

amorem, respect, sacrifice and a continuing commitment to compromise,

conscious of its value as a sublime social institution.20 However, the

obligation to observe mutual love, respect and fidelity between the

spouses cannot be compelled, elicited or imposed by court action.21

Nevertheless, the law provides for sanctions for non-observance of

fidelity. For example, the Revised Penal Code penalizes the acts of con-

tracting of two or more marriages and of having extramarital affairs,

i.e., bigamy22 and concubinage23 and adultery24 and the spouse who is

guilty of adultery or concubinage is not entitled to support from the other

spouse.25 Also, the Family Code considers sexual infidelity as a ground

for legal separation.26

[90.5] Mutual Help and Support

The husband and wife assume a mutual obligation of support upon

marriage, such that each spouse is obligated to support each other.27

Such obligation to support one’s spouse attaches at the inception of the

marriage and ordinarily continues as long as the relationship of husband

and wife exists. Hence, once the marriage is terminated, the obligation

to give support ceases.28

Of the mutual obligations between the spouses mentioned in arti-

cle 68 of the Code, it is only the obligation of mutual support between

the spouses which can be enforced through legal action.29

Pelayo vs. Lauron

12 Phil. 453

FACTS: Arturo Pelayo (plaintiff) was a physician whom the spouses

Marcelo Lauron & Juana Abella (defendants) called one evening to their house

to render medical assistance to their daughter-in-law who was about to give

birth to a child. The daughter-in-law lived with her husband independently and

in a separate house without any relation whatever with the defendants, and on

the day she gave birth she was in the house of the defendants only by chance.

The plaintiff rendered the medical assistance, but the daughter-in-law died in

consequence of the child-birth. Plaintiff now seeks to recover P500 for profes-

sional services.

RULING: The rendering of medical assistance in case of illness is com-

prised among the mutual obligations to which spouses are bound by way of

mutual support. When either of them by reason of illness should be in need of

medical assistance, the other is under the unavoidable obligation to furnish the

necessary services of a physician in order that health may be restored; the party

bound to furnish such support is therefore, liable for all expenses, including the

fees of the medical expert for his professional services. This liability arises

from the obligation which the law has expressly established between married

couples. It is therefore the husband of the patient who is bound to pay for the

services of the plaintiff. The fact that it was not the husband who called the

plaintiff and requested the medical assistance for his wife is no bar to his

fulfillment of the said obligation, as the defendants, in view of the imminent

danger to which the life of the patient was at that moment exposed, considered

that medical assistance was urgently needed. Therefore, plaintiff should direct

his action against the husband of the patient, and not against her parents-in-law.
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)

COMMENTS:

§ 91. Fixing the Family Domicile

Fixing the family domicile is the right and obligation of both the

husband and the wife. Under the Code,30 the husband and wife shall

jointly fix the family domicile and, in case of disagreement, neither spouse

may impose his or her will upon the other. Should the spouses fail to

agree on the choice of domicile, it is the court which should decide on

such matter.31

The court may also 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.32 Such exemption shall not apply if the same

is not compatible with the solidarity of the family.33 However, in the

event that one spouse refuses to live with the other in the family dwell-

ing, as fixed either by the spouses or by the court, the court is powerless

to enforce the provisions of article 69 of the Code, even if such refusal is

not justifiable. As earlier stated, marital rights including coverture and

living in conjugal dwelling may not be enforced through a court ac-

tion.34 The spouse who refuses to live with the other without just cause

is not, however, entitled to a separate maintenance or support.35

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)

COMMENTS:

§ 92. Family Expenses and Management of the Household

[92.1] Family expenses

[92.2] Management of the household

[92.1] Family Expenses

Under the Code, expenses of the family are chargeable to the fol-

lowing, in the order mentioned: (1) the community or conjugal partner-

ship property; (2) the income or fruits of the separate properties of the

spouses; or (3) the separate properties of the spouses.

Included in the family expenses are the necessaries, consisting of

food, drink, clothing, washing, medical attention, a suitable place of resi-

dence,36 suitable furniture,37 etc. However, the expenses of the family

embrace more than “necessaries.” But for an article to constitute a fam-

ily expense, it is essential that it be not only purchased for, but also that

it be used, or be kept for use, in or by the family, or be beneficial thereto.38

An expense for the family is one which is incurred for an item which

contributes to the family’s welfare generally and tends to maintain its

integrity.39

[92.2] Management of the Household

Under the Civil Code, it is the wife who manages the affairs of the

household.40 But in keeping with the realities of the times, the Family

Code now provides that the management of the household is the right

and duty of both the husband and the wife.41 The expenses to be incurred for the management of the
household are likewise chargeable to
the following, in the order mentioned: (1) the community or conjugal

partnership property; (2) the income or fruits of the separate properties

of the spouses; or (3) the separate properties of the spouses.

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)

COMMENTS:

§ 93. Relief Available to Spouses

Some of the reliefs available under the law are the following:

[a] When spouse leaves conjugal dwelling

Although the husband and the wife are obliged to live together,42

our laws contain no provision compelling the wife to live with her hus-

band where even without legal justification she establishes her residence

apart from that provided for by the former.43 However, the husband may

avail of the option granted him under Article 198 of the Family Code of

receiving and maintaining in the family dwelling the person to be sup-

ported (the wife, for example). As such, the husband will be justified in

cutting the wife’s support if she refuses to live with him without just

cause and in the absence of some “moral or legal obstacle.”44

If one of the spouses has left the conjugal dwelling without the

intention of returning, in which case he or she is deemed to have aban-

doned the family, the aggrieved spouse may petition the court for re-

ceivership, for judicial separation of property or for authority to be the

sole administrator of the absolute community.45 If such abandonment

lasts for more than one year, the aggrieved spouse may likewise petition

for legal separation.46

[b] When spouse commits acts of sexual infidelity

When one of the spouses commits acts of sexual infidelity, the

aggrieved spouse may petition the court for legal separation,47 aside from

prosecuting the erring spouse criminally for adultery or concubinage, as

the case may be. Also, when a philandering husband squanders the prop-

erties of the conjugal partnership or of the absolute community to sat-

isfy his vices, the aggrieved spouse may petition the court for injunction

to stop his further disposition of property aside from seeking sole ad-

ministration of the conjugal or community property.48 The wife, in this

case, may also petition for judicial separation of property in view of the

fact that the other spouse has failed to comply with his obligations to the

family.49

[c] When spouse sells the conjugal or community property with-

out the other’s consent

When one spouse commits fraud upon the other in the administra-

tion of the conjugal or community property, the aggrieved spouse may

seek an injunction to stop further disposition of property without the

other’s consent50 aside from seeking a receivership or authority to be

the sole administrator of the absolute community51 or of the conjugal

partnership.52 If the transaction is already consummated, the aggrieved

spouse who did not consent to any disposition or encumbrance of a prop-

erty belonging to the absolute community or conjugal partnership may

also petition for declaration of nullity of such disposition or encum-

brance.53

[d] When husband commits violation of R.A. No. 9262

When the husband commits any act or series of acts against the

wife, their common children, or against the wife’s other children, which

result in or is likely to result in physical, sexual, psychological harm or

suffering, or economic abuse including threats of such acts, battery, as

sault, coercion, harassment or arbitrary deprivation of liberty, the wife

may obtain “protection orders” either from the barangay or from the

courts for the purpose of preventing further acts of violence against her

and her children and other reliefs provided for in Section 8 of R.A. 9262,

otherwise known as “Anti-Violence Against Women and Their Children

Act of 2004.”

Art. 73. Either spouse may exercise any legitimate profession, occu-

pation, 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 there-

after. 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)

COMMENTS:

§ 94. Exercise of Profession, Business or Activity

The law is clear that either of the spouses may exercise any “legiti-

mate” profession, occupation, business or activity without the consent

of the other. Thus, in the absence of any valid, serious and moral grounds,

the husband may not lawfully forbid his wife from engaging in any le-

gitimate profession, business or occupation. If he does, the husband may

be held liable for violation of R.A. No. 9262 since preventing the wife

from engaging in any legitimate profession, business, occupation or

activity, in the absence of any valid, serious and moral grounds, is one of

the acts made punishable under said law.54

When the other spouse objects to the profession, occupation, busi-

ness or activity of his or her spouse and such objection is found to be

proper by the courts, the spouse who did not obtain consent for such

profession, business or activity shall be responsible, with his or her own

separate property, for any obligation that may be incurred in connection

therewith unless it is shown that the same has redounded to the benefit

of the family, in which case, the absolute community or the conjugal

partnership shall be liable.