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RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND

WIFE
Article 68: The husband and wife are
obliged to live together, observe mutual
love, respect and fidelity and render mutual
help and support.
EXCEPTIONS
When
May
Establish Separate Dwelling:

Wife

1. The
husband
is
barbaric
and
immoderate in his demands for sexual
intercourse.
2. Gross insults made upon the wife by
the husband.
3. The husband maltreats the wife.
Note: If the wife refuses to live with the
husband, she cannot be compelled to go
back because the act of living together is
personal act which cannot be demandable
by court action. The husband may not be
compelled to support her if her refusal is
without just cause (Art 100).
Act of living together is voluntary.
Article 69: The husband and wife shall fix
the
family
domicile.
In
case
of
disagreement, the court shall decide.

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 absence or
insufficiency of said income or fruits, such
obligations shall be satisfied from their
separate properties.
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 provisions of Article 70.
As administrators of the absolute community of
property, the spouses are jointly responsible for
the support of the family. Such support shall be
taken from the following properties in this order:
1. From the absolute community of
property or conjugal partnership;
2. From the income or fruits of the
separate properties of each spouse;
3. From the separate properties of the
spouses.

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.

ARTICLE 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.

Requisites so that the court may exempt one


spouse from living with the other:

NOTE: It is intended to afford relief within


the conjugal union without destroying it as in
legal separation.

1. One of the spouses should live abroad;


or
2. There are other valid and compelling
reasons for the exemption.
Note: The law does not specify reasons
for the exemption. This is to give the
courts flexibility in determining reasons for
exempting one spouse. It is the court that
exempts the spouse from living with the
other upon application of said spouse.

ARTICLE 73: Either spouse may exercise a


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

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND


WIFE
thereafter. If the benefit accrued
prior
to
the
objection,
the
resulting
obligation
shall
be
enforced
to
the
absolute
community or conjugal property of
the spouses

The foregoing provisions shall not affect the


rights of the creditors who acted in good
faith.
NOTE: The objecting spouse has to present
evidence to prove the justification of the
objection and benefit has not redounded to the
family.