Civil Code Of the Philippines

Family Code of the Philippines:Rights and Obligations between Husband and Wife

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

This is really a declaration of policy

The 3 duties of the spouses to each other are:
1. Live together
2. Observe mutual love, respect, and fidelity
3. Render mutual help and support

Article 68 is Article 36’s reference when it refers to the spouse’s inability to comply
with the essential marital obligations.

Although the courts cannot compel the spouses to comply with their marital
obligations, under Articles 100 and 127, the spouse who leaves the conjugal home or
refuses to live there without jus t cause shall not have the right to be supported.
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.

The power to fix the domicile is joint.

General Rule: Separation is incompatible with family solidarity.

Exception: Article 69,
1. One spouse should live abroad
2. Other valid and compelling reasons
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.
 Support is a joint responsibility. Both spouses are responsible for the support of the
family.
 Support comprises everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial
capacity of the family (Article 194)

Under Articles 94 (last)
, 121 (last )
and 146 , if the community property is
insufficient to cover debts of the community property, then the spouses are solidarily
liable with their separate property. If the spouses have a regime of separation of
property, the spouses are solidarily liable to creditors for family expenses.
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.

There is an error here. This is NOT the full text. The text should read:
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 accrued 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 community property. If the benefit accrued thereafter, such
obligation shall be enforced against the separate property of the spouse who
has not obtained consent.

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