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IX.

RIGHTS AND OBLIGATIONS OF SPOUSES


Art. 11. Justifying circumstances. The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances
concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees
and those consanguinity within the fourth civil degree, provided that the first and second
requisites prescribed in the next preceding circumstance are present, and the further requisite, in
case the revocation was given by the person attacked, that the one making defense had no part
therein.chanrobles

Art. 247. Death or physical injuries inflicted under exceptional circumstances. Any legally
married person who having surprised his spouse in the act of committing sexual intercourse with
another person, shall kill any of them or both of them in the act or immediately thereafter, or shall
inflict upon them any serious physical injury, shall suffer the penalty of destierro.chanrobles
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If he shall inflict upon them physical injuries of any other kind, he shall be exempt from
punishment.chanrobles virtual law library
These rules shall be applicable, under the same circumstances, to parents with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with their
parents.chanrobles virtual law library
Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits
of this article.chanrobles

NCC Art. 110. The husband shall fix the residence of the family. But the court may exempt the wife
from living with the husband if he should live abroad unless in the service of the Republic
NCC Art. 117. The wife may exercise any profession or occupation or engage in business.
However, the husband may object, provided:

(1) His income is sufficient for the family, according to its social standing, and
(2) His opposition is founded on serious and valid grounds.
In case of disagreement on this question, the parents and grandparents as well as the family
council, if any, shall be consulted. If no agreement is still arrived at, the court will decide whatever
may be proper and in the best interest of the family. (n
Art. 113. The husband must be joined in all suits by or against the wife, except:
(1) When they are judicially separated;
(2) If they have in fact been separated for at least one year;
(3) When there is a separation of property agreed upon in the marriage settlements;
(4) If the administration of all the property in the marriage has been transferred to her, in
accordance with Articles 196 and 197;
(5) When the litigation is between the husband and wife;
(6) If the suit concerns her paraphernal property;
(7) When the action is upon the civil liability arising from a criminal offense;
(8) If the litigation is incidental to the profession, occupation or business in which she is
engaged;
(9) In any civil action referred to in Articles 25 to 35; and
(10) In an action upon a quasi-delict.
In the cases mentioned in Nos. 7 to 10, the husband must be joined as a party defendant if
the third paragraph of Article 163 is applicable. (n)

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