Rights and Obligations Between Husband and Wife | General Principles | Marriage | FAMILY CODE

Under Philippine Civil Law, specifically under the Family Code, the rights and obligations between husband and wife are detailed to ensure mutual respect, fidelity, and cooperation within the marriage. Let’s examine these in detail, as set forth by the relevant provisions.

1. Equal Rights and Duties (Article 68)

  • Mutual Obligation: The husband and wife are obligated to live together, observe mutual love, respect, and fidelity. This principle embodies the essence of the marital partnership, where each spouse is expected to show care and respect, aiming to preserve the sanctity and stability of marriage.
  • Support Obligation: Both spouses are jointly responsible for the support of the family. This includes providing for the basic needs, such as food, shelter, clothing, medical needs, and education of the children.

2. Decision-Making Authority (Article 69)

  • Joint Management: In the absence of an agreement to the contrary, the husband and wife shall jointly manage the affairs of the family, with both having equal say in important decisions, including those relating to the education and upbringing of the children.
  • Choice of Residence: The husband and wife shall jointly decide on the family domicile or residence. If they are unable to agree, the court may intervene and decide upon the issue, taking into consideration the best interests of the family.

3. Exercise of Profession or Business (Article 73)

  • Freedom of Pursuit: Each spouse has the right to practice a profession, engage in any lawful occupation, business, or activity. However, the exercise of this right should not prejudice the family, and each spouse must consider the welfare of the family in pursuing professional or personal endeavors.
  • Protection from Financial Liability: If one spouse engages in a business without the consent of the other, any losses incurred in such a business will be borne solely by the spouse who engaged in the business activity, and the conjugal assets will generally not be held liable unless it is proven that both spouses consented to the activity.

4. Support (Article 70)

  • Family Support Obligation: Each spouse is legally mandated to provide for each other and the family’s support. This is an obligation that falls equally on both spouses, regardless of their income levels or other financial resources. Support includes everything essential for sustenance, dwelling, clothing, medical attendance, education, and transportation, in line with the family’s social and financial position.
  • Shared Responsibility: The couple must ensure that the financial needs of the family are met and that adequate resources are allocated for the well-being of the family unit.

5. Administration of Conjugal Property (Articles 71-72)

  • Joint Administration: As a general rule, both husband and wife have equal rights in managing conjugal property. This means that either spouse can administer the conjugal property unless one spouse has been judicially declared as incapacitated.
  • Consent Required for Major Transactions: For transactions involving significant or major property, the consent of both spouses is necessary. Major transactions include the sale, encumbrance, or any disposition of real property. If one spouse disposes of conjugal property without the consent of the other, the contract can be voided if challenged in court.

6. Right to a Marital Home (Article 69)

  • Protection of the Family Home: The family home is protected from being sold, mortgaged, or otherwise encumbered without the consent of both spouses. This ensures the security and stability of the family residence.

7. Fidelity and Respect (Articles 68-69)

  • Fidelity and Respect: Both spouses are mandated to show fidelity and respect to each other. Infidelity, cruelty, or any conduct deemed disrespectful can serve as grounds for legal separation and, in some cases, can affect the division of conjugal assets or the award of support.
  • Basis for Marital Harmony: These duties reinforce the principle that marriage is a partnership based on mutual respect and shared responsibilities, designed to promote marital harmony and protect family interests.

8. Grounds for Legal Separation (Related Provision)

  • Although not directly under “Rights and Obligations,” it is important to note that failure to uphold the duties listed above, such as infidelity, repeated physical violence, or grossly abusive conduct, may constitute grounds for legal separation under the Family Code.

Summary of Key Points

  • Equal Rights: The husband and wife have equal rights and responsibilities in managing family and conjugal property.
  • Mutual Support: Both are required to contribute to the support of each other and the family, taking into consideration the family’s financial circumstances.
  • Freedom of Profession: Each spouse may freely pursue professional or business interests, provided this does not prejudice family welfare.
  • Decision-Making: Joint decision-making is required for major decisions, especially those concerning the family residence and significant conjugal property transactions.
  • Fidelity and Respect: The obligations to respect, love, and remain faithful to one another are fundamental, and failure to uphold them can lead to legal separation or other legal consequences.

Practical Implications

  1. Conjugal Debts: Debts contracted by either spouse for family necessities are binding on the conjugal partnership. However, if one spouse contracts a debt without the other’s knowledge or consent, and the debt does not benefit the family, that spouse is individually liable.
  2. Protective Legal Recourse: If one spouse refuses to fulfill their obligations, the aggrieved spouse may seek judicial intervention to enforce their rights to support or protect their share in the conjugal assets.

The Family Code seeks to create a fair, balanced framework for marriage by detailing the respective rights and responsibilities of each spouse, ensuring both partners have equal footing in family and conjugal matters. The code is a legal reflection of the societal value placed on marriage, partnership, and the well-being of the family unit in the Philippines.