THE LEGAL WIFE (Rights and Obligations)

Under the Family Code (FC), the rights and obligations of the spouses are: 1.       Essential marital obligations (EMO): LOR ...


Under the Family Code (FC), the rights and obligations of the spouses are:

1.      Essential marital obligations (EMO): LOR

a.       Live together
(Includes consortium and copulation)

b.      Observe mutual love, respect, fidelity
c.       Render mutual help and support
2.      Fix the family domicile (Art. 69, FC)
3.       Jointly support the family (Art. 70, FC)
a.       Expenses shall be paid from the community property
b.      In the absence thereof from the income or fruits of their separate properties
c.       In the absence or insufficiency thereof from their separate properties
4.      Manage the household (Art. 71, FC)
5.    Not to neglect duties, or commit acts which tend to bring danger, dishonor, or injury to family (Art. 72, FC)
6.      Either spouse may practice any legitimate profession/business, even without the consent of the other. (Art. 73, FC)

(Other spouse may object on valid, serious and moral grounds.)


In case of disagreement, the court shall decide whether:
a.       Objection is proper; and
b.      Benefit has accrued to the family before and after the objection.

Other obligations of spouses includes:


1.      Exercise the duties and enjoy the rights of parents;
2.      Answer for civil liability arising from injuries caused by children below 18;
3.      Exercise parental authority over children’s property (Republic v. CA, Molina, G.R. No. 108763, Feb. 13, 1997).

Performance of Essential Marital Obligation (EMO) under Art. 68 cannot be compelled by court because it will be a violation of personal liberty EXCEPT on giving support (Arroyo v. Arroyo, G.R. No. L‐17014, Aug. 11, 1921)

The Court may exempt one spouse from living with the other where:
1.      One spouse should live abroad.
2.      Other valid and compelling reasons.
The Court shall not grant the exemption if it is not compatible with the solidarity of the family.


A spouse can object in the exercise by the other of his/her profession, occupation or business but only on valid, serious and moral grounds. However, the other spouse may object on valid, serious and moral grounds.

In case of disagreement, the court shall decide whether:
a.       Objection is proper; and
b.      Benefit has accrued to the family before and after the objection.

The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used  as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer

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