WIFES FAULT OR GUILT GROUND FOR HUSBAND TO DENY HER SUPPORT

Dear PAO,

My wife and I could not agree on certain matters, so she left me. That was about a year ago. Just this
month, I was informed by a common friend that my wife wishes to ask support from me as she is
struggling financially at the moment. May I ask if I am still obliged to support her?

Clay

Dear Clay,

Under the law, marriage is a special contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of conjugal and family life. It is the foundation
of the family and an inviolable social institution whose nature, consequences and incidents are governed
by law and not subject to stipulation, except that marriage settlements may fix the property relations
during the marriage within the limits provided by this code (Article 1, Family Code).

One of the legal rights and obligations arising from marriage is support, which comprises everything
indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation.
(Art. 194, Id.) As provided by law, the spouses, legitimate ascendants and descendants, legitimate
siblings, parents and their children/grandchildren are obliged to support each other. (Art. 195, Id.)

This support arising from marriage is a legally demandable right on the part of the person who needs it,
and it may not be denied except in cases provided by law. One such case refers to a situation where the
spouse leaves the conjugal home or refuses to live therein, without just cause. (Art. 100, Id.)

As such, the mere fact of separation by the spouses does not negate or suppress the legal consequences
of marriage, including the right to support, which is clearly provided by law. As emphasized by Dean
Melencio Sta. Maria Jr., the mere fact of separating from the family home is not a reason to withdraw
the right to support unless there is evidence of any fault or guilt on the spouse who leaves (Persons and
Family Relations Law, p. 451 citing Sumulong vs. Cembrano, 51 Phil. 719).

Applied to your case, the mere fact that your wife left you is not a sufficient ground to deny her the right
to receive support, especially now that she is struggling financially. To deny her of support, you must
show that she left your family home without just cause, which could be shown by fault or guilt on her
part.