Art 44.
Must be faithful to each other
Goitia vs. Campos Rueda
Doctrine: Cohabitiation, Mutual Love, and Respect
Ponente: Trent, J.
Date: November 2, 1916.
Facts:
A month into their marriage, Eloisa Goitia
(plaintiff) was obliged to leave her conjugal home
with husband, Jose Campos Rueda (defendant), and
seek refuge in her parents abode.
This is because Rueda demanded that Goitia
perform unchaste and lascivious acts on his genital
organs, and when Goitia refused to do so, Rueda
verbally and physically maltreated her.
Goitia then filed suit against her husband for
support, even if she is outside their conjugal
domicile.
CFI however ruled (in favor of defendant) that
Rueda cannot be compelled to support Goitia
outside of their conjugal home unless there is a
decree of divorce or separation.
Hence, this present appeal of the above stated
decision.
Issue/Ratio:
1. WON can support be given outside the
conjugal home? Yes, by virtue of the marital
obligations a husband and wife contracts
upon marriage.
Working with the law in force, Art 44-78 of the Law
of Civil Marriage of 1870states that the
obligations of the husband and wife are:
Art. 45. Must mutually assist each other
Art 48. Wife must obey her husband and follow
him
By virtue of the very nature of such marital
obligations, the power to grant support is not
dependent upon a grant of divorce.
This is so because upon contracting marriage, the
obligations of husband and wife are bound by the
general law, and becomes under the scrutiny of
public interest and good.
In this sense, Court cites Article 149 of the Civil
Code:
The person obliged to give support may, at his
option, satisfy it, either by paying the pension that
may be fixed or by receiving and maintaining in his
own home the person having the right to the same.
Given the husbands wrongful act which has driven
away his wife (against his marital obligation), he
loses the option of maintaining the wife in his
home, and is then compelled to pay the pension.
Court says that A judgment for separate
maintenance is not payable as damages or as a
penalty, but rather a judgment calling for the
performance of a duty made specific by the
mandate of the sovereign.
Again, this is done to preserve public policy.
Held: Judgment Reversed.