RIGHTS AND OBLIGATIONS
BETWEEN HUSBAND AND WIFE
PERSONAL OBLIGATIONS
1. Live together;
2. Observe mutual love, respect and fidelity;
3. Render mutual help and support.
LIVE TOGETHER
 Cohabitation
 consortium
 sexual intercourse
 When the wife may establish a separate
residence or domicile:
1. If the husband continually indulges in
illicit relations with others.
2. If the husband is immoderate or
barbaric in his demands for sexual
intercourse.
3. If the husband grossly insults her.
4. Maltreatment.
5. If she was virtually driven out of their
home by her husband.
6. If the husband continually (a) gambles,
(b) refuses to support the family, and (c)
insults the wife.
7. If the husband lives as a vagabond
having no fixed home
8. If the husband insists on their living
together with his own parents.
 The court may not order a wife to
unjustifiably refuses to live with her
husband to return.
 Remedy of the husband
-refuse to give support
 The court cannot order her to have sexual
intercourse with the husband. (specific
performance is NOT a remedy in
personal obligations.
OBSERVE MUTUAL LOVE, RESPECT and
FIDELITY
 Mutual respect is required by law.
 Infidelity may be a ground for:
 legal separation;
 disinheritance; or
 unworthiness of succession
RENDER MUTUAL HELP and SUPPORT
 Marriage is a 50-50 proposition
 Mutual help Includes the right to defend
the life and honor of the other spouse;
and includes moral assistance
 Support includes medical attendance for
the sick spouse, even if the doctor was
called by another person
Consequences of marriage
 Emancipation from parental authority as
to person;
 Incomplete emancipation, as to property;
 A husband and a wife may not inflict
force,;
 Marriage Privilege Rule
- a spouse cannot be examined for or
against the other spouse, without his/her
consent.
 Marital Communication Rule
- a spouse cannot be examined without
the consent of the other as to any
communication received
 A wife should use the husband’s surname
Abandonment
-neglect and refusal to perform filial and legal
obligations of love and support.
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
Instances Where Wife Is Justified to Leave
Husband and Thereby Select Her Own
Domicile or Residence
a) husband lives as a vagabond having
no fixed home
b) husband maltreats her
c) husband insists on his immoderate or
barbaric demands from the wife for
sexual intercourse
d) wife is asked by the husband to leave
the conjugal place threatening to use
violence upon her if she should return
home
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
their separate properties.
Sources of Expenses For Support and
Conjugal Obligations:
a) Community Property
b) Income or fruits of their separate
properties
c) Their separate properties
Art. 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
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
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 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 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.
Right of Either Spouse to Engage in a
Profession or Occupation or to Engage in
Business However, any one of them may
object, provided the opposition is founded on
VALID, SERIOUS, and MORAL grounds
Where the Second Paragraph of Art. 73 is
Inapplicable
 This is where one space consents to
the other engaging in business for in
such case, there is no disagreement.
The resulting obligations are
enforceable against the conjugal
property