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 RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE



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

When wife may establish separate dwelling

·        The husband is immoderate or barbaric in his demands for sexual intercourse.

·        Gross insult made upon her by the husband

·        He maltreats her

Living together, a personal act.

A wife cannot be compelled to go back if she refuses to live with her husband because the act of living together is a personal act and it is not demandable by a court of action. The husband and wife can only be fulfilled the duty of living together if they are physically together.

A wife cannot be compelled by her husband to return to their common home using mandatory injunction.

CASE:

G.R. No. L-17014 August 11, 1921

MARIANO B. ARROYO vs. DOLORES C. VASQUEZ DE ARROYO

Facts: In 1910 Mariano and Dolores were married. They lived together as husband and wife in the city of Iloilo with a few short intervals of separation. In 1920, Dolores decided to live separately from Mariano and left their common home. Dolores refused when Mariano induced her to return. Dolores claimed that she left because of the cruel treatment of Mariano.

Dolores in turn prayed for a decree of separation, a liquidation of their conjugal partnership, and an allowance for counsel fees and permanent separate maintenance. Trial court ruled in favor of Dolores.

Yet, Mariano filed a petition for permanent mandatory injunction requiring Dolores to return and live with him as a wife to their common home under pain of contempt.

Issue: Whether or not may the court order Dolores to return to the conjugal home under pain of contempt?

Held: No. The court cannot compel one of the spouses to cohabit with and render conjugal rights to the other. Cohabitation is an obligation to do it is purely a personal obligation. It would be an infringement of her personal liberty when they compel the wife to comply with such obligation.






·        Family Code of the Philippines                    Judge Albano, Ed Vincent S. (2017)


Prepared by:

Kath Lyn B. Flores

College of Law

Laguna State Polytechnic University

Santa Cruz Laguna

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