TITLE III (2) Benefit has occurred to the family prior to the

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)
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)

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
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND if benefit has accrued Separate property of
AND WIFE to the family AFTER the spouse who has not
the objection obtained consent
Rights and obligations of Spouses If no benefit to the Separate property of
family the spouse who has not
1. Essential marital obligations: (LOR) obtained consent
a. to Live together, which includes consortium
(cohabitation) and copulation (sexual
intercourse Other Obligations of Spouses

b. to Observe mutual love, respect, and fidelity
c. to Render mutual help and support
2. Fix the family domicile
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

The right to choose the family domicile belongs to both

the husband and the wife. in case of disagreement, the Essential Marital Obligations cannot be compelled
court shall decide by Court
3. Jointly support the family
GR: performance of essential marital obligation under
 Expenses shall be paid from the community
Art. 68 cannot be compelled by court because it will be
property
a violation of personal liberty
 In the absence thereof, from the income or
fruits of their separate properties
XPN: Giving support
 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
When the Court may exempt one spouse from living
with the other
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
NOTE: The Court shall not grant the exemption if the
same is not compatible with the solidarity of the
family.

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 Absolute community

to the family PRIOR to or conjugal
the objection partnership