PERSONS AND FAMILY RELATIONS | VARGAS | GGO4-2016

RIGHTS AND
OBLIGATIONS OF
SPOUSES
A. Obligation to love each
other
Art. 68, FC
The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render
mutual help and support.
Art. 113, FC The husband must be joined in all suits
by or against the wife, except:
(1) When they are judicially separated;
(2) If they have in fact been separated for at least
one year;
(3) When there is a separation of property agreed
upon in the marriage settlements;
(4) If the administration of all the property in the
marriage has been transferred to her, in accordance
with Articles 196 and 197;
(5) When the litigation is between the husband and
wife;
(6) If the suit concerns her paraphernal property;
(7) When the action is upon the civil liability arising
from a criminal offense;
(8) If the litigation is incidental to the profession,
occupation or business in which she is engaged;
(9) In any civil action referred to in Articles 25 to 35;
and
(10) In an action upon a quasi-delict.
In the cases mentioned in Nos. 7 to 10, the husband
must be joined as a party defendant if the third
paragraph of Article 163 is applicable. (n)
Art. 114, FC The wife cannot, without the husband's
consent acquire any property by gratuitous title,
except from her ascendants, descendants, parentsin-law, and collateral relatives within the fourth
degree.

B. Obligation to live with the

other spouse
Art. 68, FC
The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render
mutual help and support.
Art. 69, FC
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.

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Art. 70, FC
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.
Art. 71, FC
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.
Art. 100, FC
The separation in fact between husband and wife
shall not affect the regime of absolute community
except that:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient community property,
the separate property of both spouses shall be
solidarily liable for the support of the family. The
spouse present shall, upon proper petition in a
summary proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share. (178a)
Art. 101, FC
If a spouse without just cause abandons the other or
fails to comply with his or her obligations to the
family, the aggrieved spouse may petition the court
for receivership, for judicial separation of property or
for authority to be the sole administrator of the
absolute community, subject to such precautionary
conditions as the court may impose.
The obligations to the family mentioned in the
preceding paragraph refer to marital, parental or
property relations.
A spouse is deemed to have abandoned the other
when her or she has left the conjugal dwelling
without intention of returning. The spouse who has
left the conjugal dwelling for a period of three
months or has failed within the same period to give
any information as to his or her whereabouts shall be
prima facie presumed to have no intention of
returning to the conjugal dwelling.
Art. 127, FC
The separation in fact between husband and wife
shall not affect the regime of conjugal partnership,
except that:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary

PERSONS AND FAMILY RELATIONS | VARGAS | GGO4-2016

proceeding;
(3) In the absence of sufficient conjugal partnership
property, the separate property of both spouses shall
be solidarily liable for the support of the family. The
spouse present shall, upon petition in a summary
proceeding, be given judicial authority to administer
or encumber any specific separate property of the
other spouse and use the fruits or proceeds thereof
to satisfy the latter's share.

Art. 100; 127; 101

NCC Art. 921 (4)
RPC Art. 11 (2); 247
Republic v. Molina, G.R. No. 108763, February 13,
1997
Goitia v. Campos-Rueda, 35 Phil 252
Arroyo v. Vasques-Arroyo, 42 Phil 54
Cuaderno v. Cuaderno, 12 SCRA 505
Ilusorio v. Bildner, G.R. No. 139789, May 12, 2000.
2. Designation of domicile
(a) General rule: jointly FC Art. 69, par. 1, compare
with
NCC Art. 110
Abella v. COMELEC, 201 SCRA 335
(b) Exception, FC Art. 69 par. 2
De la Via v. Villareal, 41 Phil 13 at pp. 16-21
C. Joint management of family life FC Arts. 71, 94
(last par.), 121 (last par.), 122, 146
D. Joint Obligation to Support FC Arts. 70,194, 94
(1), 94 (last par.),
121, 122 (1), 146
Calderon v. Roxas, G.R. No. 185595, Jan. 09, 2013
E. The right to exercise a profession or calling
FC Art. 73, as amended by R.A. No. 10572 (July
2013)
Compare with NCC Art. 117
FC Art. 94 (2), (3); FC Art. 121 (2), (3)
Art. II Sec. 14 and Art. XIII Sec. 14, 1987
Constitution
cf. NCC Art. 113 compare with ROC, Rule 3, Sec. 4
cf. R.A. No. 7192, An Act Promoting the Integration
of Women as
Full & Equal Partners of Men in Development and
Nation Building
cf. R.A. No. 8187, An Act Granting Paternity Leave
R.A. No. 9710, Magna Carta of Women
F. Enforcement of Rights of Women and Children
R.A. No. 9262 Anti-Violence Against Women and
Children
Sharica Mari Go Tan v. Sps. Tan, G.R. No. 168852,
Sept. 30, 2008
San Diego v. RTC, G.R. No. 193960, Jan. 07, 2013
Tua v. Mangrobang, G.R. No. 170701, January 22,
2014

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BBB v. AAA, G.R. No. 193225, February 9, 2015