Title III- 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. (109a)

Duties and Obligations

 Procreation is also an essential marital obligation

o Springs from universal principle that procreation of children through sexual cooperation
is basic end of marriage

No Compulsion

 Except for support, court cannot validly issue decision compelling spouse to live together,
observe mutual love, respect, and fidelity
o Policy of the practice is extremely questionable
 Wife’s domestic assistance and conjugal companionship are purely personal and voluntary
acts which neither spouses may be compelled to render

Damages for Failure to Comply with Obligations

 There can be no action for damages merely because of a breach of marital obligation
o Husband will pay wife damages from conjugal funds
o There are other remedies
 Refusal to comply w/ obligations and property regime is separation of property, punishable by
Art. 19, 20, or 21 of Civil Code
o Abuse of right doctrine
 Everyone, in performance of duties, act w/ justice, give everyone his due, and observe honesty
and good faith (Art. 19)
 Every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter of the same (Art. 20)
 Any person who willfully causes loss or injury to another in a manner that is contrary to morals,
good customs or public policy shall compensate the latter for the damage (Art. 21)
 Desertion and securing of an invalid divorce decree of one consort entitles the other to recover
damages and attorney’s fees
 Depriving spouse of the consortium or services of the other spouse can be held liable for
damages
o One of the husband’s rights is to count on his wife’s assistance
 Management of home
 Performance of household duties
o Must prove such domestic services and their nature

Can a Husband Commit Rape against his Wife?

 Carnal knowledge of a woman through force, threat or intimidation; when the offended party
is deprived of reason or otherwise unconscious; by means of fraudulent machinations or grave
abuse of authority; and when the woman is under 12 years of age or is demented, even though
none of the above circumstances may be present
  Rape is also committed by person who, under any circumstances mentioned, inserts penis into
person’s mouth or anal orifice, or any instrument or object into the genital or anal orifice of
another person
 Under Philippine law, husband can be held liable for raping his wife
o Subsequent forgiveness by wife shall extinguish criminal action or penalty
o Crime is not extinguished and penalty not abated if marriage is void ab initio
 Rape is also an act of violence against a woman, including the wife (Sec. 3 of VAWC)
 Prior to amendment of RPC, even if husband uses force to have sexual intercourse w/ wife,
there can be no rape
o Upon marriage, man and woman no longer retained separate legal existence
 Husband could not be convicted of, in effect, raping himself
o Upon entering marriage contract, wife consents to sexual intercourse w/ husband
 No retraction of consent
 No longer regarded as universal and absolute rule
o Jurisprudence abroad decides it on a case to case basis
 For the 1st justification on matrimonial exemption
o Rape statutes have always aimed to protect safety and personal liberty of women
o Women are recognized as possessing certain rights and privileges completely separable
from husbands
 RVP amended by R.A No. 8353 which reclassifies rape as a crime against persons

Article 69. The husband and wife shall fix the FAMILY DOMICILE. In case of DISAGREEMENT, the
COURTS 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)

Domicile

 Domicile of natural persons is the place of their habitual residence

o Spouse can have one domicile but many residences
 Domicile is the place where parties intend to have their permanent residence with the
intention of always returning
 Minor follows domicile of parents
 Fixing of domicile should be agreement between husband and wife
o Departure from repealed Art. 100 of Civil Code where husband, as administrator of
property, has sole power to decide where family domicile should be

Article 70. The spouses are JOINTLY RESPONSIBLE for the SUPPORT OF THE FAMILY. The EXPENSES of
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 their
SEPARATE PROPERTIES. (111a)

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 the provisions of Article 70. (115a)
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. (116a)

Expenses for Support and Household Management

 Article 70 states that spouses shall be jointly liable for support of the family
 Article 68 states, among others, that husband and wife are obliged to support each other
 Articles 94 and 121 provide that absolute community of property and conjugal partnership of
gains shall be liable for support for spouses, common and legitimate children of either spouse
 Article 49 provides that in annulment or nullity of marriage case, court shall provide for support
of spouses and custody of children
 Article 198 provides that during proceedings of legal separation or annulment of marriage,
declaration for nullity of marriage, the spouses and their children, shall be supported from the
properties of absolute community or conjugal partnership
 Article 220 provides, among others, that parents and those exercising parental authority shall
have w/ the respect to their unemancipated children or wards the duty to support them

Management and Relief