thank you for visiting my channel before we start please hit the Subscribe like and share buttons to receive notification of future presentations our topic for discussion are the rights and obligations between husband and wife under article 68-73 at the Family Code article 68 the husband and wife are obliged to live together observe mutual love respect and Fidelity and render mutual help and support so very clearly the personal obligations of husband and wife are the following one duty to live together two duty to observe mutual love respect and Fidelity and three duty to render mutual help
and support in one case the Supreme Court held that the obligation to live together observe mutual love respect and Fidelity and render mutual help and support are among the essential duties to the marriage bond otherwise such party who cannot comply with this basic marital confidence may be declared as one suffering from psychological incapacity this based on Santos versus CA a 1995 case in the case of Arroyo versus Arroyo the Supreme Court held that 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 if the wife refuses to live with the husband she cannot be compelled to go back because the act of living together is a personal act which is not demandable by a court action if the wife insists the husband may not be compelled to support her if her refusal is without just cause this based on article 100 of the family code which says the spouse who leaves the conjugal home or refuses to live therein without just cause shall not have the right to be supported while the obligation of the
spouses to live together is mandated by law the same cannot however be compelled by any proceeding in court the reason is that the act of living together is a mere voluntary Act of the spouses hence if one of the spouses leaves the conjugal dwelling the other spouse cannot go to court and seek for an order to compel such spouse to return a writ of heaviest Corpus will not even issue to compel a spouse to live with the other in the case of belosorio versus bile near a 2000 case the Supreme Court held no court is
empowered as a Judicial authority to compel a husband to live with his wife coverture cannot be enforced by compulsion of a rich abhabia's Corpus carried out by sheriffs or by any other mere process that is a matter Beyond judicial Authority and is best Left To The Man and woman's choice based on decided cases however the wife may establish a separate residence or domicile in the following cases if the husband continually indulges in illicit relations with others even if the concubine or concubines are not brought into the marital abode if the husband is immoderate or barbaric
in his demands for sexual intercourse if the husband grossly insults her if the husband might treats her if she was virtually driven out of their home by her husband and she is threatened with violence if she should return if the husband continually gambos refuses to support the family and insults the wife if the husband leaves as a vagabond having now fixed home and if the husband insists on their living together with his own parents on the matter of support article 194 of the family code tells us of its composition article 194 support comprises everything indispensable
for sustenance dwelling clothing medical attendance education and transportation in keeping with the financial capacity of the family the education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession trade or vocation even beyond the AIDS of majority Transportation shall include expenses in going to and from school or to and from place of work article 195 is cited here under to illustrate that first in the list of persons entitled to support is the spouse article 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 under the provisions of the family code the fixing of the family domicile is now a joint Act of the husband and wife unlike in the civil code the husband was exclusively granted the right to fix the residence of the family the law says however
that the court May exempt one spouse from living with the other if a one of the spouses should live abroad or be there are other valid and compelling reasons for the exemption one compelling reason for the exemption may be when one spouse goes abroad to work under a contract article 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 they're off from the income or fruits of their separate properties in case of insufficiency or
absence of said income or fruits such obligation shall be satisfied from the separate properties based on this article the spouses are jointly responsible for the support of the family such support shall be taken from the following properties in this order a from the absolute community of property or conjugal partnership B from the income or fruits of the separate properties of each spouse and see from the separate properties of the spouses support from the separate properties of each spouse shall be taken only if there is insufficiency or absence of income or fruits of the separate properties
of each spouse otherwise support shall be satisfied from the income or fruits of the separate properties of each spouse article 71 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. article 72 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 agreed party May apply to the court for relief under this situation
relief available to the injured spouse may include an application for annulment or legal separation as the case may be article 73 either spouse might 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 this agreement the court shall decide whether or not one the objection is proper and two 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 separate property of
the spouse who has not obtained consent the foregoing provision shall not Prejudice the rights of creditors who acted in good faith under this provision both the husband and the wife has the right to object in case of disagreement the court shall decide if you find this presentation helpful please hit the Subscribe like and share buttons to receive notification of future presentations thank you
