Laws & Jurisprudence
THE LEGAL WIFE (Rights and Obligations)
1:11 AM
Under the Family
Code (FC), the rights and obligations of the spouses are:
1.
Essential
marital obligations (EMO): LOR
a.
Live together
(Includes
consortium and copulation)
b. Observe mutual love, respect,
fidelity
c. Render mutual help and
support
2. Fix the family domicile (Art.
69, FC)
3. Jointly support the family (Art. 70, FC)
a. Expenses shall be paid from
the community property
b. In the absence thereof from
the income or fruits of their separate properties
c. In the absence or
insufficiency thereof from their separate properties
4. Manage the household (Art.
71, FC)
5. Not to neglect duties, or
commit acts which tend to bring danger, dishonor, or injury to family (Art.
72, FC)
6. Either spouse may practice
any legitimate profession/business, even without the consent of the other. (Art.
73, FC)
(Other spouse may object on
valid, serious and moral grounds.)
In case of disagreement, the
court shall decide whether:
a. Objection is proper; and
b. Benefit has accrued to the
family before and after the objection.
Other
obligations of spouses includes:
1. Exercise the duties and
enjoy the rights of parents;
2. Answer for civil liability
arising from injuries caused by children below 18;
3. Exercise parental authority over children’s
property (Republic v. CA, Molina, G.R. No. 108763, Feb. 13, 1997).
Performance
of Essential Marital Obligation (EMO) under Art. 68 cannot be compelled by
court because it will be a violation of personal liberty EXCEPT on giving
support (Arroyo v. Arroyo, G.R. No. L‐17014, Aug. 11, 1921)
The Court may exempt one spouse
from living with the other where:
1.
One
spouse should live abroad.
2.
Other
valid and compelling reasons.
The Court shall not grant
the exemption if it is not compatible with the solidarity of the family.
A spouse can object in the exercise by the other of his/her profession,
occupation or business
but only on valid, serious and moral grounds. However, the other spouse may
object on valid, serious and moral grounds.
In case of
disagreement, the court shall decide whether:
a.
Objection
is proper; and
b.
Benefit
has accrued to the family before and after the objection.
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
0 comments