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Art 44.

Must be faithful to each other

Goitia vs. Campos Rueda Art. 45. Must mutually assist each other
Doctrine: Cohabitiation, Mutual Love, and Respect Art 48. Wife must obey her husband and follow
Ponente: Trent, J.
Date: November 2, 1916. By virtue of the very nature of such marital
obligations, the power to grant support is not
Facts: dependent upon a grant of divorce.
A month into their marriage, Eloisa Goitia This is so because upon contracting marriage, the
(plaintiff) was obliged to leave her conjugal home obligations of husband and wife are bound by the
with husband, Jose Campos Rueda (defendant), and general law, and becomes under the scrutiny of
seek refuge in her parents abode. public interest and good.
This is because Rueda demanded that Goitia
perform unchaste and lascivious acts on his genital
organs, and when Goitia refused to do so, Rueda In this sense, Court cites Article 149 of the Civil
verbally and physically maltreated her. Code:
Goitia then filed suit against her husband for The person obliged to give support may, at his
support, even if she is outside their conjugal option, satisfy it, either by paying the pension that
domicile. may be fixed or by receiving and maintaining in his
own home the person having the right to the same.
CFI however ruled (in favor of defendant) that
Rueda cannot be compelled to support Goitia Given the husbands wrongful act which has driven
outside of their conjugal home unless there is a away his wife (against his marital obligation), he
decree of divorce or separation. loses the option of maintaining the wife in his
home, and is then compelled to pay the pension.
Hence, this present appeal of the above stated
decision. Court says that A judgment for separate
maintenance is not payable as damages or as a
Issue/Ratio: penalty, but rather a judgment calling for the
1. WON can support be given outside the performance of a duty made specific by the
conjugal home? Yes, by virtue of the marital mandate of the sovereign.
obligations a husband and wife contracts Again, this is done to preserve public policy.
upon marriage.
Held: Judgment Reversed.
Working with the law in force, Art 44-78 of the Law
of Civil Marriage of 1870states that the
obligations of the husband and wife are: