Family Law: Rights and Obligations between

Husband and Wife

Before saying I do, know and put into heart first the following rights and
obligations between husband and wife as provided under Articles 68 to 71 of the
Family Code of the Philippines:
RIGHTS
1. 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;
2. 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;
3. The management of the household shall be the right and duty of both
spouses;
OBLIGATIONS
1. The husband and wife are obliged to live together (and procreate);
2. The husband and wife are obliged to observe mutual love, respect, and
fidelity;
3. The husband and wife are obliged to render mutual help and support;
4. 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;
5. The spouses are jointly responsible for the support of the family;
6. The management of the household shall be the right and duty of both
spouses;

Mere breach of marital obligation does not give rise to an action for damages.
Nevertheless, other remedies can be availed of if a spouse IN BAD FAITH refuses
to comply with the above obligations. In one case, if the property regime between
the spouses is Regime of Separation of Property, he or she may be held liable
under Articles 19, 20, or 21 of the Civil Code of the Philippines (Sta. Maria,
2004). Under these Articles, an act or omission which causes injury to another
may be made the basis for an award of damages.
Relevantly, the above rights and obligations between husband and wife together
with their rights and duties with respect to their unemancipated children under
Articles 220, 221 and 225 of the Family Code of the Philippines are relevant in
determining whether or not either of the spouses is psychologically incapacitated
to comply with the essential marital obligations of marriage. Under Article 36 of
the Family Code, a marriage contracted by any party who, at the time of the
celebration thereof, was psychologically incapacitated to comply with the
essential marital obligations of marriage shall be VOID, even if such incapacity
becomes manifest only after its solemnization.

Family Law: Reliefs Available in case of

Breach of Family Obligations
As a general rule, mere breach of obligations to the family is not actionable.
However, if such breach is GROSS, done IN BAD FAITH and/or WITHOUT
JUST CAUSE when one of the spouses (a) neglects his or her duties to the
conjugal union, or (b) commits acts which tend to bring danger, dishonor, or
injury to the other or to the family, or (c) abandons the other when he or she has
left the conjugal dwelling without intention of returning or has failed to give
information as to his or her whereabouts, or (d) fails to comply with his or her
obligations to the family, the aggrieved spouse may apply to the court for relief.
Such relief may be availed of by instituting either a civil action or a criminal
action or both in proper cases, to wit:
CIVIL ACTIONS
1. Complaint for Damages under Articles 19, 20, or 21 of the Civil Code of
the Philippines if the property regime between the spouses is Regime
of Separation of Property (Sta. Maria, 2004);
2. Petition for Declaration of Nullity of Marriage under Article 36 of the
Family Code of the Philippines if such failure to comply with family

obligations constitutes psychological incapacity

the essential marital obligations of marriage;

to

comply

with

3. Petition for Legal Separation if the abandonment without justifiable cause

is for more than one year or if any other ground for legal separation exists;
4. Petition for Receivership;
5. Petition for Judicial Separation of Property;
6. Petition for Authority to be the Sole Administrator of the Absolute
Community Property or Conjugal Partnership of Gains, as the case may
be
With respect to the last three-mentioned, the obligations to the family may refer
to marital, parental, or property relations. The reliefs prayed for therein are
subject to such precautionary conditions as the court may impose (Articles 101
and 128 of the Family Code of the Philippines).
In cases of legal separation, where violence as specified in R.A. No. 9262 or the
Anti-Violence Against Women and their Children Act of 2004 is alleged as
ground therefor, Article 58 of the Family Code of the Philippines on the 6-month
cooling off period shall not apply. The court shall proceed on the main case and
other incidents of the case as soon as possible. The hearing on any application for
Protection Order filed by the Petitioner therein must be conducted within the
mandatory period specified (R.A. No. 9262, Section 19). The woman victim of
violence shall be entitled to the custody and support of her child/children.
Children below seven (7) years old, or older but with mental or physical
disabilities shall automatically be given to the mother, with right to support,
unless the court finds compelling reasons to order otherwise. A victim who is
suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the
perpetrator of a woman who is suffering from battered woman syndrome (R.A.
No. 9262, Section 28).
Moreover, under the rules on criminal procedure, a civil action for legal
separation on the ground of concubinage, may proceed ahead of, or
SIMULTANEOUSLY WITH, a criminal action for concubinage, because said
civil action is not one to enforce the civil liability arising from the offense EVEN
IF both the civil action and criminal action arise from or are related to the same
offense (Gandionco vs. Pearanda [1987]). The same rule may apply if the civil
action for legal separation is based on the ground of bigamy or adultery.

CRIMINAL ACTIONS
1. Complaint for Bigamy;
2. Complaint for Adultery;
3. Complaint for Concubinage;
4. Complaint for Violation of R.A. No. 9262 or the Anti-Violence Against
Women and their Children Act of 2004;
5. Complaint for Violation of R.A. No. 7610, as amended or the Special
Protection of Children Against Child Abuse, Exploitation, and
Discrimination
The pendency of a civil action for nullity of marriage does not pose a prejudicial
question in a criminal action for bigamy, adultery, or concubinage (Beltran vs.
People [2000]; Bobis vs. Bobis [2000]). Hence, said criminal actions shall not be
suspended pending determination of the civil action. The same rule may apply if
the civil action is for legal separation based on the ground of bigamy, adultery, or
concubinage.
Finally, in case of violence against women and their children under R.A. No.
9262, the aggrieved spouse/parents may likewise file a Petition for Protection
Order for purposes of preventing further acts of violence against a woman or her
child and granting other necessary relief.