c. Rights and Obligations Between Husband and Wife

L. Rights and Obligations Between Husband and Wife (Family Code, arts. 68-73)

Exclude: R.A. No. 7192; R.A. No. 8187; R.A. No. 9710

Rights and Obligations Between Husband and Wife (Family Code, arts. 68-73)

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)

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

(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 community property. If the benefit 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. (as amended by R.A. 10572, dated May 24, 2013)

Essential Obligations

Rights and obligations of the spouses (Art. 68, FC):

• Live together which includes consortium (cohabitation) and copulation (sexual intercourse); XPN: The Court may exempt a spouse from the obligation to live together for the following reasons:
• The other spouse should live abroad.
• If there are other valid compelling reasons. NOTE: The exceptions would not apply if the same is not compatible with the solidarity of the family. (FC, Art. 69, par 2)
• Observe mutual love, respect, and fidelity; and
• Render mutual help and support

NOTE: It is true that the Family Code, obligates the spouses to love one another but this rule sanctions affection and sexual intimacy, as expressions of love, that are both spontaneous and mutual and not the kind which is unilaterally exacted by force or coercion. Further, the delicate and reverent nature of sexual intimacy between a husband and wife excludes cruelty and coercion. When sexual intimacy it is egoistically utilized to despoil marital union in order to advance a felonious urge for coitus by force, violence or intimidation, the Court will step in to protect its lofty purpose, vindicate justice and protect our laws and State policies. Besides, a husband who feels aggrieved by his indifferent or uninterested wife's absolute refusal to engage in sexual intimacy may legally seek the court's intervention to declare her psychologically incapacitated to fulfill an essential marital obligation. But he cannot and should not demand sexual intimacy from her coercively or violently. (People v. Jumawan, G.R. No. 187495, December 29, 2014)

Therefore:

• Marital intercourse must be consensual. Either spouse may refuse sexual intercourse; marriage does not dispense with consent. (FC, Art. 68; People v. Jumawan, G.R. No. 187495, December 29, 2014)
• The wife can also refuse to have sexual intercourse with the husband if she is ill, if it would endanger her health, or if he is suffering from some venereal disease.
• If a husband forces his wife to have sexual intercourse against her will, he may be prosecuted for rape when its elements are present; marriage is no defense. (People v. Jumawan, G.R. No. 187495, December 29, 2014)
• Fix the family domicile (FC, Art. 69); NOTE: In case of disagreement the Court shall decide
• Jointly support the family (FC, Art. 70);

Expenses shall be paid from the community property,

• In the absence thereof from the income or fruits of their separate properties,
• In the absence or insufficiency thereof from their separate properties
• Manage the household (FC, Art. 71);
• Not to neglect duties, or commit acts which tend to bring danger, dishonor, or injury to family (FC, Art. 72);
• Either spouse may practice any legitimate profession/business, even without the consent of the other.

NOTE: The other spouse may object on valid, serious and moral grounds. In case of disagreement, the court shall decide whether:

• Objection is proper; and
• 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 community property. If the benefit accrued thereafter, such obligation shall be enforced against the separate property of the spouse who has not obtained consent. (FC, Art. 73 as amended by R.A. 10572)

The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.

Rule with regard to the use of surname of a married woman

Essential marital obligations cannot be compelled by court

GR: Performance of essential marital obligation under Art. 68 of the FC cannot be compelled by court because it will be a violation of personal liberty. (Arroyo v. De Arroyo, G.R. No. L-17014, August 11, 1921)

Wages or Salaries of Either or Both Partners, Equal Shares

Husband and wife are obliged to render mutual help and support. (Art. 68) A non-working spouse does not automatically receive one-half of each salary or wage payment; rights in earnings depend on the applicable marital property regime. Article 68 applies to spouses, not unmarried cohabitants.