RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

I remember the first time I was asked to be a speaker in a fellowship, I was still in the young
people at that time. Ptra Olalo asked me to speak for the local young people fellowship. I was so
happy because I realized that ever since I was a child and up to now I and my family had been
serving God.
I was racking my brains out about the topic of my lecture, I was scared because I am really not
an expert when it comes to the bible and I know that all of you are more knowledgeable than me
about the scriptures of the bible. I asked some advice from Pastor Singayao and I figured why
not give a lecture about some legal aspects and relate it a little to the Bible.
So I decided that my lecture would be about the rights and obligations between husband and wife
according to the Family Code. Family Code took effect in August 30, 1988, during the
presidency of the former President Corazon C. Aquino.
The Family Code lays down the rules about marriage, that as a general rule a marriage license is
a requisite before a couple can get married, property relations between husband and wife , in
our law, the husband and the wife has equal right in their properties, as a general rule, even if it is
only the husband who is working, and the wife is a plain housewife still their rights are equal.
Also, in the Family Code are the rights and obligations between husband and wife. I realized
that the mandate of the law is not that different from the commandments in the Bible for our
husbands and wives.
1. Art. 68. The husband and wife are obliged to live together,
GENESIS 2:24
Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they
shall be one flesh.
observe mutual love,
KING JAMES VERSION
COLOSSIANS 3:19
Husbands, love your wives, and do not be harsh with them.
EPHESIANS 5:25
Husbands love your wives, even as Christ also loved the church, and gave himself for it;
TITUS 2:4

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That they may teach the young women to be sober, to love their husbands, to love their children
respect and fidelity, and
render mutual help and support.
EPHESIANS 5:22
Wives understand and support your husbands in ways that show your support for Christ.
FAMILY CODE:
o The wife has the duty to live with her husband, but she may refuse to do so in
certain cases like:
1. if the husband lives as a vagabond having no fixed home
2. if the husband maltreats/abuses her
3. if the husband insists on his immoderate or barbaric demands from the
wife for sexual intercourse
4. if the wife is asked by the husband to leave the conjugal place
threatening to use violence upon her if she should return home
5. if the husband commits concubinage and continuously indulges in
such illicit relationship
o If the wife abandons the conjugal home without justifiable cause, the husband
cannot compel her to come home but the husband has the following remedies:
1. to withhold support from the wife
2. to recover moral damages from the wife
3. to ask the court to counsel his wife under Art. 72
2. To observe mutual love, respect, and fidelity; and,
3. To render mutual help and support.
2. Art. 69. The husband and wife shall fix the family domicile.
In case of disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the latter should live
abroad or there are other valid and compelling reasons for the exemption. However,
such exemption shall not apply if the same is not compatible with the solidarity of
the family.
The fixing of the family domicile must be a joint decision of the spouses, and in case they
disagree, the court shall decide.
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Once the matter is decided by the spouses or by the court, the spouses already have the
duty to live together. The court may, however, exempt one from living with the other:
a. If one of the spouses should live abroad, or,
b. There are other valid and compelling reasons for the exemption
The exemptions shall not, however, apply if the same will not be compatible with the
solidarity of the family.
The court may likewise exempt the wife from living with the husband even if the latter is
just in the Philippines, but assigned to a place far from the family home.
By way of exception, the court may not exempt the wife from joining the husband it
would not be compatible with the solidarity of the family.

3. Art. 70. The spouses are jointly responsible for the support of the family.
The expenses for such support and other conjugal obligations shall be paid from the
community property and, in the absence thereof, from the income or fruits of their
separate properties. In case of insufficiency or absence of said income or fruits, such
obligations shall be satisfied from the separate properties.

The spouses are jointly responsible for the support of the family.
Such support shall be satisfied in the following order:
1. from the community property or conjugal property;
2. from the income or fruits of the separate properties of the spouses
3. from the separate properties of the spouses
In the third case, the spouses are, between themselves, liable in proportion to their
properties. With respect to the creditors, however, they are solitarily liable.
4. Art. 71. The management of the household shall be the right and the duty of
both spouses.
The expenses for such management shall be paid in accordance with the
provisions of Article 70.

The management of the household is the right and duty of both spouses and the expenses
for such management shall be paid in accordance with the rules of family support (Art.
70).

MEMORY VERSE:
1 TIMOTHY 3:14
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He must manage his own family well and see that his children obey him, and he must do so in a
manner worthy of full respect.
PROVERBS 31:27
She looketh well to the ways of her household, and eateth not the bread of idleness.
.
5. Art. 72. When one of the spouses
neglects his or her duties to the conjugal union or
commits acts which tend to bring danger, dishonor or injury to the other or to
the family, the aggrieved party may apply to the court for relief.

Note that the neglect of ones duties here must not amount to psychological incapacity, in
which case Art. 36 will apply.
This article covers both cases of:
1. Either spouse neglecting his or her duties to the conjugal union; or,
2. Either spouse committing acts which tend to bring danger, dishonor, or injury to the
other or to the family.
The injury covered in this article is not economic or financial, but physical, moral,
emotional, or psychological.
Relief may be in the form of injunction, receivership, guardianship and sole
administration of properties.
The court may admonish or issue an injunction order to the guilty spouse and even
threaten him or her with contempt of court if he or she refuses to heed the court order.
But the court, under pain of contempt, cannot compel the wife to live with or return to the
husband.

6.

Art. 73. Either spouse may exercise any legitimate profession, occupation,
business or activity without the consent of the o

7. The latter may object only on valid, serious, and moral grounds.

In case of disagreement, the court shall decide whether or not:

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(1) The objection is proper; and

(2) Benefit has accrued to the family prior to the objection or thereafter. If benefit
accrued thereafter, such obligation shall be enforced against the separate
property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.
(117a)

The other spouse may object only on (a) valid; (b) serious; and, (c) moral grounds.
In case of disagreement:
1. Only the court will decide;
2. When the disagreement is referred to the court, it will determine;
a. Whether the objection is proper;
b. Whether benefit has accrued to the family prior to the objection or thereafter.
If benefit has accrued to the family prior to the objection, the absolute community or
conjugal partnership is liable for the obligations incurred since all the profits or income
from the acts or transactions of the spouse who acted without the consent of the other
become part of the absolute community or conjugal properties.
If profits accrued after the objection, the resulting obligations of the spouse who acted
without the consent of the other shall be enforced only against his or her separate
properties.

If you notice the commandments of the bible to husbands and wives and the mandate of the law
are not that different.
VAWC- RA 9262 VIOLENCE AGAINST WOMEN AND CHILDREN
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman
or her child. It includes, but is not limited to:
(a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a
sex object, making demeaning and sexually suggestive remarks, physically attacking
the sexual parts of the victim's body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child to do indecent acts and/or
make films thereof, forcing the wife and mistress/lover to live in the conjugal home
or sleep together in the same room with the abuser;

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(b) acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;
(c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to
intimidation,
harassment,
stalking,
damage to property,
public ridicule or humiliation,
repeated verbal abuse and
mental infidelity.
It includes causing or allowing the victim to witness the physical, sexual or psychological
abuse of a member of the family to which the victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the
right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
1. withdrawal of financial support or
preventing the victim from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use
and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal money or
properties.

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Most family problems could be lessened if we all followed the instructions found in Philippians
2:34: Do nothing out of selfish ambition or vain conceit. Rather, in humility value others
above yourselves, not looking to your own interests but each of you to the interests of the
others. When we adopt the spirit of humility and treat others as Jesus would treat them, we can
resolve many of our family and relationship problems.
-REJECT SELFISH AMBITION AND CONCEIT
- REGARD OTHERS HIGHER THAN SELF
-RECOGNIZE OTHERS INTERESTS
This scripture teaches us about humility. If we relate this to the relationship between husband and
wife, it states that we must not regard ourselves higher than others. We must be humble. For
husbands and wives, even if husbands/wives are earning more than the other, we must not think
that we are higher or that we are better than them We must not look into our own interest, but to
the interest of others. We must not be selfish. If the husband/wife would make a decision, it must
not be a selfish ambition. We must think of the interest of the other person in the relationship
before making a decision. We must treat others as Jesus would treat them. By doing this, we
would resolve many family and relationship problems/issues.

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