WEEK 3 #37 Arroyo v Vasquez-Arroyo

G.R. No. G.R. No. L-17014 | 11 Aug 1921

By: DEL CASTILLO

Topic: Rights and Obligations of Spouses

Petitioner: Mariano Arroyo
Respondent: Dolores Vasquez de Arroyo
Ponente: Street , J.

FACTS:
Mariano Arroyo and Dolores Vasquez Arroyo have been married since
1910, and they have lived together as husband and wife since then. In
July 4, 1920, Dolores went away from their common home with the
intention of living separately from Mariano. After efforts made by
Mariano to induce Dolores to resume marital relations have failed, he
initiated an action to compel her to return to the matrimonial home and
live with him as a dutiful wife.
Dolores admitted to leaving the conjugal abode because she had been
compelled to leave because of the cruel treatment she received from
Mariano. Accordingly, she in turn prayed for a decree of separation,
liquidation of the conjugal partnership, and an allowance for counsel
fees and permanent separate maintenance.

ISSUE: Can the court compel Dolores to return to the conjugal home

RULING:
No, the Court cannot compel Dolores to return.
The 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. At best, such an order can be
effective for no other purpose than to compel the spouses to live under
the same roof, and the experience of those countries where the courts of
justice have assumed to compel the cohabitation of married couples
shows that the policy of the practice is extremely questionable.