Husband can’t compel wife to stop working
"Good day! I am a professional teacher married to a police officer. We have three kids. My husband wants me to stop teaching in order to become a full-time mother to my kids. While my husband’s intention is good, I do not agree with his plan because aside from the fact that I will become financially dependent on him, I also want to practice my teaching profession. If he would insist on his wish, will he be criminally liable?
Ms. EdnalynDear Ms. Ednalyn,
To answer your question, we refer you to the provisions of Executive Order 209, otherwise known as the “Family Code of the Philippines.” Article 73 of the said Code, as amended by Republic Act 10572, provides:“Article 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 object is proper, and
“(2) Benefit has accrued to the family prior to the object 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.” (Underscoring supplied)Applying the aforesaid provisions to your situation, it is clear that the law does not require you to obtain your husband’s consent to exercise your legitimate profession as a teacher. In case of disagreement, your husband may go to the court, and the latter will decide on his objection. Your husband will have to present evidence to justify his objection and that the practice of your teaching profession does not redound to the benefit of your family. If the court is convinced, it will issue an order to stop you from exercising your profession.If your husband compels you to desist from pursuing your teaching profession, or prevents you from working without first going to the court, it could be considered an offense under Republic Act 9262, or the “Anti-Violence Against Women and their Children Act of 2004,” Section 3, par. a, sub (D) of the said Act defines economic abuse as follows:
“D. Economic abuse refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:“1. Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code“2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common“3. Destroying household property“4. Controlling the victims’ own money or properties or solely controlling the conjugal money or properties.” (Underscoring supplied)We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com"
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"Husband can’t compel wife to stop working"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021