What are the personal obligations of spouses to each other?

The personal obligations of spouses to each other are:

(1) To live together;
(2) To observe mutual love, respect and fidelity; and,
(3) To render mutual help and support. (Art. 68, Family Code)


Article 68 states that the spouses are obliged to live together. Are there exceptions? May the court exempt one spouse from living with the other?

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. (Par. 2, Art. 69, Family Code)
May the court order a wife to return to the conjugal home under pain of contempt?

No. It is not within the province of the courts of this country to attempt to compel one of the spouses to cohabit with, and render conjugal rights to, the other. Cohabitation is a purely personal obligation - an obligation to do. To compel the wife to comply with such obligation would be an infringement of her personal liberty. (Arroyo vs. Vasquez de Arroyo, G.R. No. L-17014, August 11, 1921)

Read: Arroyo vs. Vasquez de Arroyo Case Digest


 Is the wife entitled to support when she refused to live with her husband on account of some misunderstanding she had with the husband's immediate relatives?

Although the husband and the wife are, obliged to live together, observe mutual respect and fidelity and render mutual help and assistance (Art. 109, CC, now Art. 68, FC), and that the wife is entitled to be supported, our laws contain no provision compelling the wife to live with her husband where even without legal justification she establishes her residence apart from that provided for by the former. However, in such event there is no reason why she should be allowed any support from the husband. (Atilano vs. Chua Ching Beng, G.R. No. L-11086, March 29, 1958)

 Read: Atilano vs. Chua Ching Beng Case Digest
Who shall fix the family domicile?

The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. (Art. 69, Family Code)


Who shall be responsible for the support of the family?

The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from such properties in the order as follows:

(1) From the community property or conjugal property;
(2) From the income or fruits of their separate properties; 
(3) From the separate properties. (Art. 70, Family Code)


Who shall manage the household?

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. 

(1) First, from the community property or conjugal property;
(2) Second, from the income or fruits of their separate properties; 
(3) Third, from the separate properties. (Art. 71, Family Code)


What if the husband or the wife neglects his or her duties to the family?

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. (Art. 72, Family Code)

Under RA 9262 or the “Anti-Violence Against Women and their Children Act of 2004”, the wife can petition the Family Court where she resides for a Protection Order.


May a wife exercise her profession or engage in business even without the permission of her husband?

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. (Art. 73, Family Code)


What if there is disagreement between the spouses?

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. (Art. 73, Family Code)


What properties shall be liable for the transactions of the spouse who acted without the consent of the other?

It depends.

(1) If the benefit has redounded to the family prior to the objection, the absolute community or conjugal partnership properties shall be liable for the obligations resulting from the transactions of the spouse who acted without the consent of the other.

(2) If the profits or income have accrued after the objection, the resulting obligations shall be enforced against the separate property of the spouse who has not obtained consent. 

However, the rights of creditors who acted in good faith in transacting with the spouse who acted without the consent of the other spouse shall not be prejudiced in their rights. Thus, they may go after and hold liable the absolute community or conjugal partnership properties or the separate properties of the spouse with whom the creditors contracted.  (Art. 73, Family Code) [Jurado, Civil Law Reviewer]