You are on page 1of 6

Rights and Obligations of Spouses

A. Obligation to live together

a. FC 68 The husband and wife are obliged to live together, observe mutual love, respect
and fidelity and render mutual help and support
b. FC 72 – When one of the spouses neglects his or her duties to conjugal union or
commits acts which danger dishonor or injury to other or family, aggrieved apply to
court for relief
c. RPC 11 Justifying circ – no crim liab – any who acts in defense of person or rights of
spouse, asc, desc, or legit, natural or adopted bros or sis or his relatives by affinity in
same degrees and those consanguinity within 4th defree provided the requisites
d. RPC 247 Death or physical injuries inflicted under exce[tional circumstances – any legally
married having surpused his spouse in the act or immediately after
i. Also applicable to parents with respect to daughters under 18 YO and their
seduce while daughters living with their parents/
ii. Any person promote prosti of wife or daughter or consented to infidelity not
entitled to benefits of this
B. Family Domicile
a. General rule: jointy
i. FC 69 par 1 compared with NCC 110
1. FC 69 – Husband and wife shall fix the family domicile. In case of
disagreement the court shall decide Court may exempt one spouse if
latter live abrouad or other valid and compelling reasons. Not apply if
same not compatible with solidaity of family
ii. Exemptio FC 69 par 2
C. Management and Family Support
a. FC 70 – sps jointly responsible for the support of the family. Payments from such
support and other conjugal obligations shall be paid from community property and in
absence thereof, from icome of fruits from separate properties. In case of insufficiency
or absence – obli be satisfied from sep properties
b. FC 71 – management of household shall be right and duty of both sps. The expenses be
paid in acc with FC70
D. Exercise of Profession
a. FC 73 – Either sps may exercise and legitimate profession, occupation, businessm or
activity without consent of another, The latter may object only on valid, sserious and
moral grounds. In case of siagreement, court will decide whether or not (1) objection
proper, benefit occurred to the family prior to objection. Foregoing not prejudice cred
in GF
b. NCC 117 – wife may exercise any prof or occupation or engage in business. However
husband may object provided – (1) income is sufficient for family acc to social standing
(2) His opposition is founded on serious and valid grounds. In case of disagreement
parents and grandparents as well as family council shall be consulted. If no agreement,
court will decide.
c. Consti Art II Section 14 – role of women in nation building and ensure fundamental
equality before the law of women and men
d. Const Art XIII Sec 14 – protect working women by providing safe and healthful working
conditions taking into account maternal functions and such facilities and opportunities
that will enhance their welfare and enable them to realize their full potential in the
service of nation
e. NCC 113 – Husband must be joined in all suits by or against wife except:
i. Judicial sep
ii. Sep in fact for one year
iii. Separatopm pf property agreed in marriage settlements
iv. Admin of property in marriage has been transferred to her
v. Litigation is bet husband and wife
vi. Suit concerns her paraphernal prop
vii. Actio is upon civil liability arising from crim offense
viii. Litigation is incidental to profession occupation or business
ix. In any civil ax referred in articles 25 to 45
x. Action upon QD

Property relations between husband and wife

A. What made; governs marriage settlements

a. When made; modifications
i. FC 1 Marriage is special contract…. Not subject to stip except that marriage
settlements may fix the property relations during marriage within limits
provided by this code
ii. FC 76 – In order that any modification in MS may be valid, it must be made
before the celebration of marriage
iii. (AFTER) FC 66 – Reconcialiation referred in preceding have the ff conseq – LS
proceedings if still pendin shall be terminated at whatever stage; final decree of
LS shall be set aside by sep of property and any forfeitrue of the share of guilty
sps already effected shall subsist unless sps agree to revive their former regime.
iv. AFTER – FC 67 – Agreement to revive former propert regime referred to in
preceding shall be executed under oatha dn shall specift
1. Properties to be contributed anew to the restored regime
2. Those to be retained as separate properties of each spouse
3. Names of all their known creditors, addresses and amounts owing to
The agreement of revival and motion for approval be filed in same
proceeding for legal sep and copies be furnished to creditors and such
order be recorded in proper registries of properties. Recording shall not
prejudice any creditor not lister or notified unless debtor sps have
sufficient sep properties
v. After – FC 128 – is sps without JC abandons the other or fails to comply with obli
to family, the aggrieved sps may petition court for receivership for jud
separation of property, or for authority to be sole admin of CPP subject to such
precautionaryconditions as court may impose. Sps deemed abandoned when he
or sheleft without intention of returning. PF – 3 months to give info on
vi. FC 135 – any considered siff cause for jud sep or prop
1. SOs if oet has been sentenced to penalty which also carrries Civil
2. Sps of pet has been judicially declared an absentee
3. Loss of parental authority of sps of petitioner has been declared by
4. Sps of petitioner has abandonedthe latter or failed to comply with
obligations to the family
5. Sps granted power of admin in marriage settlements has abused that
power and
6. At time of petition spses have been sep in fact for at least one year and
reconciliation highly improbable
vii. FC 136 – sps may jointly file a verified petition with the court for the voluntary
dissolution of ACP or CPG and for the separation of their common properties
1. All creditors of the AC or CPG as well as personal rcreditors of sps shall
be listed in petition and notified of the filing thereof. Court shall take
measures to protect the creditors and other persons with pecuniary
b. Form of MS; registration req
i. FC 77 – MS and any modif shall be in writing signed and eXecuted before
marriage. They shall not prejudice third persons unless they are registered in
the local civil registry where Marriage contract is recorded as well as the proper
registries of peroperties
c. Celebration of marriage
i. FC 81 – Everything tipulated in the settlements or contracts in preceding articles
in consideration of a future marriage inc donations between sps made therein
shall be void if marriage din not take place. Stip not depending on celeb of
marriage shall be valid
d. Who may enter into MS
i. Minor FC 78 – A minor who according to law may contract marriage may also
exec his or her MS but they shall be valid only if the persons designated in Art
14 to give consent to marriage are made parties to the agreement subject to
provisions of Art IX of this code
ii. Persons under CI
iii. Incapacitated persons
1. FC 79 – for the validity of any MS exec by a person upon whom a
sentence of CI has been pronounced or who is subject to any other
disability, it shall be indispensable for the guardian appointed by a
comepetent court to be made a party thereto.
2. NCC38 – Minority, insanity or imbecility the state of being deaf mute,
prodigality and CI are mere restrictions on capacity to act and do not
exempt theincapacitated person from certain obligations as when the
latter arise from his acts or from property relations such as easements.
3. NCC 39 – ff circ among others modif or limit capacity to act: age,
insanity, imbecility, state of beingdeaf ute, penalty, prodigality, family
relations, alienage, absence, insolvencym and trusteeship. The
consequences of these circ are governed in the code, other codes ROC<
and in special laws. Capacity to act is no limited on account of religious
belief or political opinion. A married woman 21 years or up is qualified
for all acts of civil life except those specified in law.
B. Which law governs property relations?
a. Stipulatons I MS
i. FC 81 Everything stip in settlements or contracts referred to in the preceding
articules in considerartion of future marriage if not hapappen is void.
b. If both Fil
c. Mixed marriage
d. If both aliens
e. Property located outside PH
i. FC 80 – In absence of contrary stip in MS, prop relations of sps shall be governed
bby PH laws regardless of place of celeb and residence.
Not apply
(2) with respect to extrinsic validity of contracts affecting prop not situated in
PH and exec in country where prop is located
(3) with respect to extrinsic validity o contracts enetered in PH but affecting
pro[erty situated in foreign country whose laws require different formalities for
its extrinsic valdidtiy
ii. NCC 16 – Real prop as well as Personal prop where situated. Inteste amd
testamentary etc
iii. FC 3 – forma; requisites of marriage
iv. NCC 17 – formas and solemnities of contracts governed by laws where
C. Donation propter nuptias
a. Definition – FC 82 – donations by reason of marrage- those made before its celebration,
in consideration of same and in favor of one or both sps.
b. Who may be donors
c. What may be donated by the sps
i. Present property – FC 84 – If future sps agree upon a regime other than ACP,
they cannot donate to each other in their MS more than 1/5 of their present
property. Any excess shall be void. Donations of future property shall be
governed by provisions on testamentary succession and formalities of wills
ii. Future property
1. FC 84 – if future sps agree on a regime other than ACP, they canno
donate to each other in MS more than 1/5 of present property. Any
excess shall be void. Donations of future prop governed by prov on testa
succession and formalities of will
2. NCC 761 – In cases referred in preceding article, donation shall be
revoked or reduced insoafar as it exceeds protion that may be freely
disposed of by will taking into account the whole estate of the donor at
time of birth, appearance or adoption of child
iii. Encumbered property – FC 85 – Donations by reason of marriage of prop
subject to encumbrances shall be valid. In case of FC of the encumbrance and
prop is sold for tless than total amount of obli secure, done shall not be liable
for deficiency. If prop is sold for morethan total amount of sai d obli, done
entitled to excess.
iv. Donations in MS – FC 81 – Everything stipulated in settlements or contracts
refrred in preceding articles in consideration of future marriage inc donations
between prospective void if marriage does not take effect.
D. Void donations by sps – FC 87 – every donation or grant of gratuitous advantage shall be void
except moderate gift which sps may give each other on occasion of family rejoicing. Prohib aso
on persons living together as H and W without valid marriage.
1. Donations during marriage
2. Donations in common law marriages
3. Exceptions
E. Revocation of donations proprter nuptias – FC 86 – A donation by reason of marriage may be
revoked by donor in ff:
i. Marriage not celeb or judicially declared BAI except donations made in MS
governed by Art 81
ii. Marriage takes place without consent of parents or guardians
iii. Marriage is annulled and done acted in BF
iv. Upon leg sep the done being guilty sps
v. If it is with a resolutory condition and condition complied with
vi. Donee acted ingratitude as specified in CC on donations
a. Revocation by donors
vii. FC 86- donation by reason of marriage may be revoked in ff cases
viii. NCC 765 – donation may be revoked at instance of donor by reason of
ingratitutede in ff:
1. If done should commit some offense against the person, honor, or
property of donor or his wife or children under his parental authority
2. If done imputes to the donor any criminal offense, or any act involving
moral turpitude even if he should prove it unless crime or act has been
committed against done himself, his wife or children under authority
3. If he unduly refuses him support when done is legally or morally bound
to give support to the donor
b. By operation of law FC 43 – termination of subsequent marriage referred in preceding
art produce the effects – donations valid except if done contracted marriage in BF asuch
donation revoked by operation of law
i. FC 44 if both sps of subsequent marriage acted in BF 0 said marriage VAI and all
dispositions made by one in favor of another are revoked by operation of law
ii. Everything stipulated in settlements or contracts refrred in preceding articles inc
consideration of future marriage void if not happens.
F. Absolute Community of Property (SEE BOOK NA LANG)