VAN DORN V. ROMILLO [139 SCRA 139] - supra. (Art. 15 NCC.

)
To maintain, as private resp. does, that under our laws, petitioner has to be
considered as still married to private resp. and still subject to a wife's obligations
under Art. 109 et seq. of the NCC cannot be just. Petitioner should not be obliged to
live together w/, observe respect and fidelity, and render support to private resp.
The latter should not continue to be one of the heirs w/ possible rights to conjugal
property. She should not be discriminated against in her own country if the ends of
justice are to be served.

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.
Balane: The power to fix residence is joint. Whatever residence is fixed should bind
both parties.
Tolentino: The right to fix family domicile includes the right to change it, so long as
the spouses agree to the transfer.
Separate Residence.-- It can be said that any of the grounds for LS would be
sufficient for a spouse to have a separate domicile, if he or she prefers that to LS.

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 of or fruits of
their separate properties. In case of insufficiency or absence of said income or
fruits, such obligations shall be satisfied from their separate properties.

Balane: Art. 70 is an implementation of the third duty of the spouses, that of

support. Correlate this w/ Art. 194.
Where to get the funds? There are three sources in the order of priority:
1. From the common property
2. From the income or fruits of the separate property
Note: Numbers 1 and 2 are different sources only if the property relationship is ACP.
In CPG, numbers 1 and 2 will be the same.
3. From the separate property themselves.
Art. 71. The management of the household shall be the right and duty of both
spouses. The expenses for such management shall be paid in accordance with the
provisions of Article 70.
Tolentino: What Properties Answerable.-- The order of liability for family support of
the different properties of the marriage is: first, the community prop., then the
income of the spouses or fruits of their separate properties, and finally, the separate
properties of the spouses. The liability of the spouses for the support of the family
being joint, this may mean that they contribute equally, regardless of the value of
the respective properties of the spouses. However, this would not be equitable. The
better rule seems to be that the contribution should be proportionate to the
properties of the spouses.
Management of Household.-- In view of the silence of the law on how the
disagreement bet. the spouses in the management of the household shall be
settled, the custom should be observed, and the wife's position should be given
priority.
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.
Tolentino: What Relief May Be Granted.-- Under the NCC, when one party applies for
relief bec. of the acts or negligence of the other spouse, "the court may counsel the
offender to comply with his or her duties, and take such measures as may be
proper." Notwithstanding this omission in the FC, we believe that the court has full
freedom to determine the kind of relief that may be given. The relief, however, must
be lawful.

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 accrued 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 community property. If the 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. (words in italics were omitted in the text that Malacanang released.)
Tolentino: Disposition of Products of Activity.-- May the husband or wife engaged in a
profession or business freely dispose of the products of such activity? A distinction
should be observed.
If the disposition is in the course of the professional or commercial activity, the
spouse should be free to dispose of the products of such activity. xxx But if the
funds will be used to buy real estate, then the spouse should act jointly, if the
property regime of the marriage is absolute community or conjugal partnershiup of
gains, bec. such funds are common prop. of the marriage.