V.

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Tolentino: Dual Aspect of Family Relations.-- There are 2 aspects in family
relations, one internal and another external. In the internal aspect, w/c is
essentially natural and moral, the family is commonly known to be sacred
and inaccessible even to the law. It is only in the external aspects, where
third persons and the public interest are concerned, that the law fixes rules
regulating family relations.

A. IN GENERAL
Art. 68. The husband and wife are obliged to live together, observe mutual
love, respect and fidelity, and render mutual help and support.
Balane: These are called legal obligations but they are more of a statement of
policy. An action for specific performance is not proper to enforce these
obligations. The only possible consequences are found in Art.100 for ACP and
127 for CPG.
With regard to the mutual obligation of fidelity, there are consequences both
civil and criminal (adultery or concubinage.).
With respect to support, there are legal provisions in the FC w/c carry out the
duty.
Tolentino: Right of Cohabitation.-- Marriage entitles the husband and wife to
each other's society, that is, they are mutually entitled to cohabitation or
consortium. This means that they shall have a common life, under the same
roof, to better fulfill those obligations inherent in the matrimonial status.
Scope of Right.-- The right of cohabitation includes domestic and sexual
community of the spouses, the extent of both of w/c will differ according to
the circumstances. xxx [T]he spouses will be considered as living together,
although driven by the stress of circumstances or pecuniary difficulties to
separate, if there is no intention on the part of either to sever their marital
relations permanently.
xxx But for the purpose of the law, only the tangible and material aspect of
cohabitation can be taken into account. The law is powerless to impose that
intimacy of life w/c is the basis of conjugal peace and happiness.
Sexual Relations.-- Although a husband is entitled to sexual relations w/ his
wife, and it is not rape to force the wife to have sexual relations against her
will, this right is not absolute. The right involves only normal intercourse.
Legal Sanction for Cohabitation.-- Cohabitation by the parties must be
spontaneous and cannot be imposed by the law or the courts. The only
possible sanction is patrimonial in nature. If the husband refuses to live w/
the wife, he can be compelled to pay her a pension, and indemnity for
damages; and if the wife refuses to live w/ the husband, he can refuse to
support her.
Use of Force.-- The husband cannot by the use of force, even of public
authority, compel the wife to return home. Such remedy would be a violation
of personal dignity and security. xxx Modern law abhors imprisonment for
debt, and coercive measures to compel the wife to live w/ the husband would
be worse than imprisonment for debt.
Remedies for Interference.--Any person who interferes w/ the right of the
spouses to cohabitation may be held liable for damages under Art. 26, FC.
Mutual Fidelity.-- This fidelity is the loyalty w/c each should observe toward
the other, the wife having nothing to do w/ another man, nor the husband w/
another woman.
Mutual Help.-- Mutual help involves care during sickness, and bearing the
inconvenience caused by such sickness, of the other spouse. xxx
The obligation of mutual help, however, is not limited to material assistance
and care during sickness. It extends to everything that involves moral
assistance, and mutual affection and regard.
There are positive legal provisions w/c reveal the scope of this duty and
implement the general rule laid down in the present article. Among them are:
(1) the legitimacy of defense of a spouse (Art. 11, RPC); (2) the increase in
penalty in a crime by one spouse against the person of the other (Art. 246,
id.); (3) the incapacity of one spouse to testify against the other (R123, Sec.
26, ROC); (4) the right of one spouse to object to adoption of or by the other
(Arts. 185 and 188); and (5) the prohibition of donations between them (Art.
87.)
Legal Sanction.-- The only aspect of the obligation of mutual help for w/c
there is a legal sanction is the duty to support. This can be enforced by court
action. But the law cannot penetrate to the intimate relations in the home in
order to enforce the mutual obligations of care, of moral assistance, and of
mutual affection and regard.
Position of Spouses in the Family.-- The perfect parity of rights and duties of H
& W has to be reconciled w/ the need for unity of direction in the family. Since
the power of direction cannot be vested at the same time in 2 persons, the
existence of a head of the family becomes imperative; and both nature and
tradition have given this prerogative to the husband
xxx This power of the H as head of the family, however, is not composed of
rights and prerogatives, but of duties and responsibilities, bec. the H does not
use it for his personal benefit but for the greater and higher interests of the
family.
Chastisement of Wife.-- Chastisement is unlawful, and it has been held that
the H should not be permitted to inflict personal chastisement upon his wife,
even for the grossest outrage. The only possible exception to this rule under
our law is that given in Art. 247 of the RPC, w/c provides that:
Art. 247. Any legally married person who, having surprised his spouse in the
act of committing sexual intercourse with another person, shall kill any of
them or both of them in the act or immediately thereafter, or shall inflict
upon them any serious physical injury, shall suffer the penalty of destierro. If
he shall inflict upon them physical injuries of any other kind, he shall be
excempt from punishment.
Love Between Spouses.-- Mutual love cannot be compelled or imposed by
court action.