RIGHTS & OBLIGATIONS OF SPOUSES

1. RIGHTS & OBLIGATIONS OF SPOUSES

2. Obligation to love each other • Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (109a)

3. Obligation to live with the other spouse • Exceptions: • GOTIA v. CAMPOS-RUEDA (1916) – A judgment for separate maintenance is not due and payable either as damages or as a penalty nor is it a debt in the strict legal sense of the term but rather a judgment calling for the performance of a duty made specific by the mandate of the sovereign. This is done from necessity and with a view to preserve the public peace and the purity of the wife as where the husband makes so base demands upon his wife and indulges in the habit of assaulting her.

4. ARROYO v. VASQUEZ-ARROYO (1921) – wife left husband because of his cruel treatment. The husband sued to compel wife to return to their home. Wife counter sued for separate maintenance but this was denied. The SC ruled that it is not within the province of the courts to attempt to compel one of the spouses to cohabit with and render conjugal rights to the other.

5. CUADERNO v. CUADERNO (1964) - the infliction of physical injuries on the wife, by the husband gave rise to their separation. It was the husband who took his wife to her parents' home where he left her. The fact that the wife allegedly accepted money from her husband and desisted from accepting any later only indicates that even before the filing of the case, the defendant-husband was already providing something for the separate maintenance. Considering that the wife has no income of her own, while the husband has an employment, the sum of P150.00 fixed by the trial court for the wife's monthly support does not seem to be unreasonable. Needless to state that, as the separation has been brought about by the husband and under the circumstances established during the trial, the same shall subsist until a different situation between the parties shall take place.

6. ILUSORIO v. BILDNER (2000) – wife filed habeas corpus case to compel consortium with husband but before SC could rule on the matter, husband died. There was absence of empathy between spouses Erlinda and Potenciano, having separated from bed and board since 1972. SC defined empathy as a shared feeling between husband and wife experienced not only by having spontaneous sexual intimacy but a deep sense of spiritual communion. The SC denied her motion for reconsideration and stated that the case has been rendered moot by the death of subject.

7. Fix the family domicile. • 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)

8. Cases: • ABELLA v. COMELEC (1991) - there is no evidence to prove that AdelinaLarrazabal temporarily left her residence in Kananga, Leyte in 1975 to pursue any calling, profession or business. What is clear is that she established her residence in Ormoc City with her husband and considers herself a resident therein. The intention of animus revertendi not to abandon her residence in Kananga, Leyte is not present. The fact that she occasionally visits Kananga, Leyte through the years does not signify an intention to continue her residence therein. It is common among us Filipinos to often visit places where we formerly resided specially so when we have left friends and relatives therein although for intents and purposes we have already transferred our residence to other places. Husband and wife as a matter of principle live together in one legal residence which is their usual place of abode.

9. Cases: • DELA VINA v. VILLAREAL (1920) - as a general rule, the domicile of the wife follows that of her husband. This rule is founded upon the theoretic identity of person and of interest between the husband and the wife, and the presumption that, from the nature of the relation, the home of the one is that of the other. But the authorities are unanimous in holding that this is not an absolute rule. "Under modern laws it is clear that many exceptions to the rule. Accordingly, the wife may acquire another and separate domicile from that of her husband where the theoretical unity of husband and wife is dissolved by the institution of divorce proceedings; or where the husband has given cause for divorce; or where there is a separation of the parties by agreement, or a permanent separation due to desertion of the wife by the husband or attributable to cruel treatment on the part of the husband; or where there has been a forfeiture by the wife of the benefit of the husband's domicile."

10. Joint Obligation to Support • 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)

11. Joint management of family life • 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)

12. Right to exercise a profession or calling • 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 occurred 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. (117a)

13. Enforcement of Rights of Women & Children • R.A. No. 9262 or the Anti-Violence Against Women and Children