Kathleen Anne King BL-1 Legal Separation Cases: 1.

Lacson v Jose Lacson compromise agreement is legal with regards to separation of property and dissolution of conjugal property but the childs welfare should not be subject to parents mutual agreement alone. Court should ascertain in whose custody the child can better be assured the rights granted by law. 2. Tenchavez v Escano - a foreign divorce decree cannot be recognized in the Philippines but the courts cannot compel one of the spouses to cohabit with the other, however the aggrieved spouse can halt the support to the other 3. Dadivas v Villanueva it is not necessary that the husband should bring a concubine into the home. Perverse and illicit relations with women outside the conjugal home are sufficient grounds for legal separation. 4. Garcia v Santiago - Separation is allowed to avoid personal violence and illicit relationship between the spouses children Rights and Obligation Cases: 1. Goita v Campos the husband cannot relieve himself from the duty to support his wife. When he drives his wife away from the domicile, by his own wrongful acts. 2. Ty v CA - that the marriage of petitioner and private respondent valid and subsisting as the 1st marriage was null and void ab initio so there was no need for judicial declaration of its nullity before he could contract a second marriage. It also follows that the husband still needs to render financial support to his wife and children. 3. Lilius v Manila Railroad - in order that the husband could recover damages for deprivation of his wife's assistance during her illness from an accident, it is necessary for him to prove such assistance was given and his wife's willingness to continue rendering the said assistance if she havent been prevented from doing so by her illness. 4. Atilano v Chua Eng Beng the husband has the option of supporting his wife at their own conjugal dwelling which is separate from parents of the husband. Should the plaintiff refuse, then the defendant is relieved from the obligation of giving support 5. Del Rosario v Del Rosario - the marriage vow does not include making sacrifices for the inlaws 6. Arroyo v Vasquez The court cant force the spouses to live w/each other & render conjugal rights to the other. 7. Narag v Narag - a lawyer may be disbarred for any misconduct, whether in his professional or private capacity, if it shows him to be immoral, in honesty, probity and good demeanor or unworthy to continue as an officer of the court. 8. Silva v Peralta unauthorized use of the designation as the wife of another by use of surnames should be charged of damages 9. Perez v Perez - the wife's statutory power to alienate her paraphernal necessarily implies power to alienate its future fruits, since those future fruits are mere accessory to the property itself.

Rights and obligation of spouses: 1. To live together spouses are not required by law to live together but the husband has the following remedies if the wife leaves: a. Withhold support from the wife (Art 100 (1) and 127 (7) b. To recover moral damages from the wife c. To ask the court to counsel his wife under Art 72 2. observe mutual love, respect and fidelity a. the unfaithful spouse maybe charged criminally of adultery or concubinage b. sexual infidelity and perversion are also grounds for legal separation c. as well as repeated physical violence or grossly abusive conduct directed against a spouse by the other d. if one spouse commits acts which tend to bring danger, dishonor, or injury to the other, or the family, the aggrieved spouse may also apply for relief (Art 72) 3. render mutual help and support a. A spouse has the right to defend the life and honor of the other spouse (Art 11 RPC) 4. Both shall fix the family domicile a. In case of disagreement, the court shall decide 5. Both are jointly responsible for the support of the family 6. Both spouses have the right and duty to manage the household a. (Sanction supra) 7. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other a. In case of disagreement, the court shall decide 8. Either spouse has the right to object with regards to the profession, occupation, business or activity a. Benefit accrued prior the objection shall be enforced against community property b. Benefit accrued thereafter shall be enforced against the separate property of the spouse who has not obtained consent c. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith