RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE ART 68 THE HUSBAND AND WIFE ARE OBLIGED TO LIVE TOGETHER, OBSERVE MUTUAL LOVE, RESPECT AND FIDELITY, AND RENDER MUTUAL HELP AND SUPPORT DUTIES AND OBLIGATIONS: 1. To live together 2. Observe mutual love, respect and fidelity 3. Provide help and support Procreation is also an essential marital obligation through sexual cooperation is the basic end of marriage If spouse in bad faith refuses to comply with the above obligations, he or she may be held liable under art 19, 20, 21 of civil code Deals with the abuse of right doctrine CAN THE HUSBAND COMMIT RAPE AGAINST HIS WIFE? This is a matrimonial exemption to the crime of rape prior to the amendment of the rule It is not absolute RA 8353 amended the RPC by reclassifying rape as a crime against person and making it clear that a husband can be criminally liable for raping his own wife AND to protect the safety and personal liberty of women ART 69 H&W SHALL FIX THE FAMILY DOMICILE. IN CASE OF DISAGREEMENT, THE COURT SHALL DECIDE. THE COURT MAY EXEMPT ONE SPOUSE WITH THE OTHER IF THE LATTER SHOULD LIVE ABROAD OR THERE ARE OTHER VALID COMPELLING REASONS FOR THE EXEMPTION, HOWEVER, SUCH EXEMPTION SHALL NOT APPLY IF THE SAME IS NOT COMPATIBLE WITH THE SOLIDARITY OF THE FAMILY Domicile place of their habitual resi dence permanent residence with intention to return if they left for sometime minor follows domicile of his parents IN CASE OF AGREEMENT, THE COURT WILL DECIDE Spouse can validly away or separated if the later live abroad or there valid and compelling reasons ART 70 Spouse are jointly responsible for support of the family Expenses such support and other obligations shall be paid from the community property, in the absence, from the income or fruits of separate properties In case of absence, obligations satisfied from their separate properties ART 71 ART 71 -
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ART 73 -
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ART 74 -
Management of spouses shall be right and duties of the spouses The expenses shall be paid in accordance with art 70 One of the spouses neglects hi or her duties to conjugal union or commits to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply the court for relief Relief are: Legal separation Judicial separation of properties Sole administration of properti es Receivership Either spouse may exercise any legitimate profession, business, occupation, or activity without the consent of the other The latter may object valid, serious and moral grounds In case of agreement the court shall decide Whether or not the objection is proper Benefit has accrued to the family prior objection The resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent Shall not prejudiced the rights of creditors who acted in good faith PROPERTY RELATIONS BETWEEN HUSBAND & WIFE Property relations of the H & W shall governed in the ff order: 1) By marriage settlements executed b4 marriage 2) By provisions of this code 3) By the local custom
MARRIAGE SETTLEMENTS It is a contract entered into by the future spouses fixing the matrimonial property regime that should govern during the existence of the marriage Parties can stipulate on terms of MS except art 1 FC Terms are lawful not contrary to law Agreement must be in writing Signed by the parties Made prior to the marriage Modifications Modifications can be made but shall need judicial approval CUSTOM As a rule of conduct formed by repetition of acts uniformly observed observed as a social rule, legally binding and obligatory Must be proved as a fact according to rules of evidence ART 75 Future spouse may agree in MS upon which property relations whether, ACP/CPG/CSP/ or any other regime In absence of MS, ACP will govern ART 76 Modifications in MS maybe valid it must be made before marriage celebration subject to 66,67,128,135,136 Art 66-consequences 66-consequences of reconciliation of s pouse in LS Art 67-condtions for revival of the former property Art 128-petition for sole administratorship of CPG in case of abandonment Art 135-grounds for judicial separation of property Art 136-joint petition of spouse for dissolution of property regime ART 77 MS and any modification thereof shall be in writing Signed by the parties Executed before the celebration of marriage They shall not prejudice third persons unless they are register ed in the local registry where the marriage contract is recorded as well as in the proper registries of property Marriage must be celebrated Duly registered in civil registry and registries of properties Contents of MS are properties, creditors MS will commence at the PRECISE MOMENT OF THE CELEBRATION OF MARRIAGE They cannot agree other than precise moment SC AM-02-11-11 that after LS, SP should the revival of property they can adopt ART 78 A minor may contract marriage, may also execute his or her MS But they shall be valid only if the persons designated in ART 14 to give consent to the marriage are made parties to the agreement, subject to provisions provisions of title 9 code By virtue of passing RA6809 which specifically provided a person whether male or female at tains the age of majority upon reaching 18 yrs of age This article is repealed by RA 6809 ART 79 For validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto ART 80 in the absence of a contrary stipulation in MS, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence this rule shall not apply 1) where both spouses are aliens 2) with respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located 3) with respect to the extrinsic validity of contracts entered into the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity ART 81 everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriage shall be valid
