Article 68 of the Family Code: Duties of husband and wife
Status: In force
What does Article 68 say?
The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.
What does it mean in plain language?
Article 68 of the Family Code lists the basic duties of husband and wife. They must live together, show each other love, respect and fidelity, and help and support each other. These duties apply to both spouses equally.
"Fidelity" means being faithful to the spouse. "Mutual help and support" means each spouse helps the other and both share in providing what the family needs.
How does it work in real life?
Ana and Ben: where to live
Ana wants to live near her parents in Batangas. Ben wants to stay in Quezon City near his work. Under Article 69 they decide the family home together. If they really cannot agree, the court decides.
Carlo and Dina: a husband who moved out
Carlo moved to another city and stopped coming home. Article 68 says spouses must live together, but under the Ilusorio ruling no court will order a sheriff to bring Carlo back. Dina may look at the remedies in Article 101 and at support for herself and the children.
Ella and Fred: a job in Dubai
Ella got a job in Dubai and Fred stays in Cebu with the children. Article 69 lets the court exempt one spouse from living with the other when the other lives abroad, unless the exemption is not compatible with the solidarity of the family.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- A spouse may work or run a business without the other's consent. See Article 73.
- What support covers is in Article 194. Spouses are the first in the list of persons obliged to support each other in Article 195.
- A spouse who leaves the conjugal home without just cause loses the right to be supported from the absolute community (Article 100(1)). See Article 101 for abandonment.
- For children's support, see how much is child support? For the grounds to live apart with a court decree, see grounds for legal separation.
- For all the duties of spouses in one place, see duties of husband and wife under the Family Code.
What does Article 68 say?
The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.
What do Articles 69 to 72 add?
Article 68 opens a short chapter on the rights and obligations of spouses. The next articles fill in the details:
- Family home (Article 69). The husband and wife fix the family domicile together. If they disagree, the court decides. The court may exempt one spouse from living with the other if the latter lives abroad or there are other valid and compelling reasons, but not if the exemption is not compatible with the solidarity of the family.
- Support of the family (Article 70). The spouses are jointly responsible for the support of the family. The expenses are paid from the community property. If there is none, they are paid from the income or fruits of the spouses' separate properties, and if those are not enough, from the separate properties themselves.
- Household (Article 71). Managing the household is the right and the duty of both spouses. Its expenses are paid the same way as in Article 70.
- Relief from the court (Article 72). When one spouse neglects his or her duties to the marriage, or does acts that bring danger, dishonor or injury to the other or to the family, the aggrieved spouse may apply to the court for relief.
Can a court force a spouse to come home?
No. In Ilusorio v. Bildner (2000), a wife asked the Supreme Court for a writ of habeas corpus so that her husband would live with her. The Court refused. It said marital rights, including living in the conjugal dwelling, may not be enforced by the writ of habeas corpus, and that "no court is empowered as a judicial authority to compel a husband to live with his wife." The Court said this is a matter left to the free choice of the man and the woman.
So the duty to live together is real, but it is not enforced by force. When a spouse leaves without just cause, the law gives other remedies, mostly about property and support. See Article 101.
Which Supreme Court rulings are relevant?
Frequently asked questions
What are the duties of husband and wife under the Family Code?
Article 68 says the husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. Articles 69 to 72 add rules on the family home, support of the family and the household.
Can a court force a spouse to live with the other?
No. In Ilusorio v. Bildner (2000), the Supreme Court said no court can compel a husband to live with his wife. Living together cannot be enforced through a writ of habeas corpus; it is left to the free choice of the spouses.
Who decides where the family lives?
Both spouses. Article 69 says the husband and wife shall fix the family domicile, and the court decides if they disagree.
Can a spouse live apart for work abroad?
Article 69 says the court may exempt one spouse from living with the other if the latter lives abroad or there are other valid and compelling reasons. The exemption does not apply if it is not compatible with the solidarity of the family.
Who pays for the support of the family?
Both spouses are jointly responsible. Under Article 70, the expenses are paid from the community property first, then from the income or fruits of their separate properties, and finally from the separate properties themselves.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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