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ARROYO V. VAZQUEZ DE ARROYO August 11, 1921 Ponente: Street, J.

Topic: Rights and Obligations of Spouses: Obligation to live with the other spouse: General rule and exceptions Facts: Mariano and Dolores are married but have been living separately. Mariano starts this action to compel Dolores to return home by unconditional and absolute order. Dolores, as a response, says that it was because of Marianos cruel treatment that she left their conjugal home. She also asks for 1) a decree of separation, 2) liquidation of the conjugal property, and 3) allowance for separate maintenance and counsel fees. Lower court granted Dolores action for legal separation. Trial court however, finds that the couples arguments are rooted in Dolores aggravated jealousy. They also find that no adultery has taken place and therefore Dolores abandonment is not justified. They find that Mariano has done nothing wrong and that Dolores should return.
Old Civil Code 142/143: Obligation of the husband to maintain the wife Consortium: The marital alliance between a husband and wife and their respective right to each other's support, cooperation, aid, and companionship.

Issue/s:

Whether or not Court can compel Dolores by permanent and mandatory injunction to return to conjugal home Whether or not Dolores can be held in contempt for not abiding by the injunction

Decision: Judgment of lower court reversed. Dolores admonished to return. Held 1. Court cannot compel Dolores to return by unconditional and absolute order. Instead, Mariano is entitled to judicial declaration admonishing Dolores that it is her duty to return. Ratio Court cannot compel restitution of consortium which is a purely personal right. Also, possible disobedience/contempt of Dolores against injunction to return to conjugal home is not set by precedent. It is not within province of Philippine courts to compel cohabitation and rendering of conjugal rights. England: abolished imprisonment in event of contempt; instead stipend to be given US: found to not be fruitful to punish contempt to return to conjugal home Spain: with contempt of wife, husband to control conjugal properties

2. Lack of court precedent regarding contempt of wife (if Dolores chooses to not abide by the permanent injunction to return)