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Ilusorio vs. Ilusorio-Bildner
G.R.
No. 139789 July 19, 2001 and G.R.
No. 139808 July 19, 2001
First. Erlinda K. Ilusorio claimed that
she was not compelling Potenciano
to live with her in consortium and that Potenciano' s mental state was not an issue. However, the very root cause
of the entire petition is her desire to have her husband's
custody. Clearly, Erlinda cannot now deny that she wanted Potenciano
Ilusorio to live with her.
The
law provides that the husband and the wife are obliged to
live together, observe mutual love, respect and fidelity.
The sanction therefor is the "spontaneous,
mutual affection between husband and wife and not any legal
mandate or court order" to enforce consortium.
How
to become a Christian
Who
is God? What is man? Who is Christ? Repent and believe
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Executive
Order No. 209
The Family Code of the Philippines
(For
a discussion of relevant issues, please surf to the blogs Legal
Updates and Salt
and Light. You
can also download
free PDF newsletters on legal issues.)
Title III:
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. (109a)
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. (110a)
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. (111a)
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. (115a)
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. (116a)
Art.
73. Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral
grounds.
In case
of disagreement, the court shall decide whether or not:
(1)
The objection is proper; and
(2) Benefit has occurred to the family prior to the objection
or thereafter. If the benefit accrued prior to the objection,
the resulting 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)
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