Can a Spouse Be Evicted from the Conjugal Home? Philippine Family Law Guide

Introduction

In the Philippines, the conjugal home—often referred to as the family residence or dwelling—holds a special place in family law. It is not merely a physical structure but a symbol of the marital union and the foundation for family life. Under Philippine law, particularly the Family Code of the Philippines (Executive Order No. 209, as amended), spouses enjoy equal rights and obligations concerning the family home. However, circumstances such as domestic violence, legal separation, annulment, or nullity of marriage can lead to situations where one spouse may seek to evict the other. Eviction in this context is not a simple landlord-tenant matter but is governed by strict legal safeguards to protect the family unit, especially minor children.

This guide explores the legal framework surrounding the eviction of a spouse from the conjugal home, including grounds, procedures, rights, and remedies. It draws from key provisions of the Family Code, Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004), and related jurisprudence from the Supreme Court of the Philippines. Note that while this provides a comprehensive overview, specific cases should be consulted with a licensed attorney, as outcomes depend on individual facts and court interpretations.

Legal Basis for the Conjugal Home

Definition and Ownership

The conjugal home is the dwelling where the spouses and their family reside. Under Article 152 of the Family Code, the family home is constituted on a house and lot owned by the spouses or either of them, or on property leased by them. It is exempt from execution, forced sale, or attachment, except in specific cases like non-payment of taxes or debts incurred for the home's construction (Article 155).

In marriages celebrated after August 3, 1988, the default property regime is the Absolute Community of Property (ACP), where all properties acquired during the marriage are co-owned equally by the spouses (Article 75). For marriages before that date, it is the Conjugal Partnership of Gains (CPG). In both regimes, the conjugal home is typically considered community or conjugal property, giving both spouses equal administration rights (Article 96 for ACP; Article 124 for CPG).

Spouses have joint authority over the disposition or encumbrance of conjugal properties, including the home (Article 124). Unauthorized acts by one spouse can be annulled by the other.

Joint Decision-Making

Article 69 of the Family Code mandates that the husband and wife fix the family residence jointly. In case of disagreement, the court shall decide, considering the family's best interests. This provision underscores that neither spouse can unilaterally evict the other without judicial intervention, as it would disrupt the family residence.

Grounds for Eviction of a Spouse

Eviction of a spouse from the conjugal home is exceptional and requires compelling reasons, often tied to protecting the safety and welfare of the other spouse or children. It is not permissible merely due to marital discord without legal grounds. Below are the primary scenarios:

1. Domestic Violence Under RA 9262 (Anti-VAWC Act)

Republic Act No. 9262 provides robust protections against violence against women and children, which can extend to eviction. Violence includes physical, sexual, psychological, and economic abuse.

Temporary Protection Order (TPO) and Permanent Protection Order (PPO): A victim-spouse (typically the wife, but the law is gender-neutral in application) can petition for a TPO or PPO from the Regional Trial Court, Family Court, or Municipal Trial Court. Under Section 8, the court may order the perpetrator to vacate the family residence temporarily or permanently, regardless of ownership.
Grounds: Acts causing harm or threat to the victim or children. For instance, in Garcia v. Drilon (G.R. No. 179267, 2013), the Supreme Court upheld the constitutionality of RA 9262, affirming that protection orders can include eviction to prevent further abuse.
Scope: The order can direct the respondent-spouse to stay away from the home, workplace, or school of the petitioner. Violation is punishable by fine or imprisonment.

Even if the home is owned solely by the offending spouse, eviction is possible if it serves the protection of the victim (Section 8[g]).

2. Legal Separation

Under Title II of the Family Code (Articles 55-67), legal separation allows spouses to live separately without dissolving the marriage bond. Grounds include repeated physical violence, sexual infidelity, abandonment, or drug addiction (Article 55).

During Pendency: While the case is ongoing, the court may issue provisional orders under Article 61, including exclusive use of the conjugal home by one spouse, especially if children are involved.
After Decree: Article 63(2) states that the court shall designate the spouse who will administer the absolute community or conjugal partnership. The innocent spouse may be awarded the family home, effectively evicting the guilty one. In Valdes v. RTC (G.R. No. 122749, 1996), the Court emphasized that custody and support considerations often favor granting the home to the spouse with child custody.

3. Annulment or Declaration of Nullity of Marriage

Annulment (Article 45) or nullity (Article 36 for psychological incapacity, Article 35 for void marriages) dissolves the marriage retroactively or ab initio.

Property Liquidation: Upon finality, the property regime is liquidated (Article 50). The family home may be awarded to the spouse who has custody of minor children (Article 102[4] for ACP; Article 129[4] for CPG). This can result in eviction of the other spouse.
Innocent Spouse Preference: In cases of nullity due to psychological incapacity, as in Republic v. Molina (G.R. No. 108763, 1997), the court considers the welfare of children in assigning the home.
Bad Faith: If one spouse is in bad faith (e.g., bigamous marriage), they forfeit their share in the net profits, potentially losing rights to the home (Article 50).

4. Abandonment or Failure to Support

Abandonment without just cause (Article 101 for ACP; Article 128 for CPG) allows the present spouse to petition the court for sole administration of properties, including the home. While not direct eviction, this can lead to court orders restricting the abandoning spouse's access.

In extreme cases, abandonment may ground legal separation, triggering eviction provisions.

5. Criminal Conviction

If a spouse is convicted of a crime involving moral turpitude or one that endangers the family (e.g., under RA 9262 or RA 7610 on child abuse), courts may issue orders evicting them as part of sentencing or protection measures.

6. Mutual Agreement or Separation of Property

Spouses may voluntarily agree to separate properties via judicial separation (Article 134-142), where the court can allocate the home to one spouse. However, this requires mutual consent and court approval, and eviction isn't forced unless agreed upon.

Procedures for Eviction

Eviction cannot be self-help; it must follow judicial processes to avoid liability for coercion or unjust vexation.

1. Filing a Petition

For Protection Orders (RA 9262): File with the barangay for a Barangay Protection Order (BPO) first, which can include temporary eviction (up to 15 days). Escalate to court for TPO (72 hours ex parte) or PPO.
For Legal Separation/Annulment/Nullity: File a petition in the Regional Trial Court (Family Court). Provisional measures can be requested under A.M. No. 02-11-11-SC (Rule on Provisional Orders).

2. Court Hearing and Evidence

Courts require evidence such as affidavits, medical reports, or witness testimonies. The burden is on the petitioner to prove grounds. The respondent-spouse has the right to due process.

3. Enforcement

Orders are enforced by the court sheriff, with police assistance if needed. Violation can lead to contempt charges.

4. Appeals

Decisions can be appealed to the Court of Appeals and Supreme Court, but protection orders are immediately executory.

Rights and Protections

Rights of the Evicted Spouse

Due Process: Eviction requires notice and hearing, except for ex parte TPOs.
Alternative Residence: Courts may order support for alternative housing (Article 194 on support).
Property Rights: Eviction doesn't forfeit ownership; it's possessory. The evicted spouse retains title share until liquidation.
Reconciliation: In legal separation cases, reconciliation revokes the decree (Article 66), potentially restoring cohabitation.

Rights of Children

The paramount consideration is the child's best interest (Article 211). Courts prefer awarding the home to the custodial parent (usually the mother, per tender years doctrine, though rebuttable). Under Article 213, children below 7 years stay with the mother unless unfit.

In Briones v. Miguel (G.R. No. 156343, 2004), the Court prioritized child welfare in residence disputes.

Rights of Third Parties

If the home is leased, eviction must comply with the lease terms and Civil Code provisions on leases. Mortgages or liens don't automatically allow eviction without foreclosure proceedings.

Remedies and Alternatives

Alternatives to Eviction

Mediation: Family Courts encourage amicable settlement (A.M. No. 02-11-10-SC).
Counseling: Required in annulment/nullity cases (Article 48).
Partition: In property disputes, spouses can seek judicial partition, but the home's exemption protects it.

Remedies for Wrongful Eviction

If evicted unlawfully (e.g., via force), the aggrieved spouse can file for:

Habeas Corpus if involving liberty restriction.
Damages under Article 26 (vexatious acts) or Article 32 (rights violation).
Criminal Charges for grave coercion (Article 286, Revised Penal Code).

Special Considerations

Same-Sex Couples and Live-In Partners

The Family Code applies to heterosexual marriages, but RA 9262 protects women in intimate relationships, including same-sex. For live-in partners, property rights fall under co-ownership rules (Article 147-148), and eviction may require ejectment suits rather than family law provisions.

Indigenous and Muslim Marriages

Under the Indigenous Peoples' Rights Act (RA 8371) and Code of Muslim Personal Laws (PD 1083), customary laws may influence, but national laws on violence apply suppletorily.

Economic Aspects

Eviction may trigger support obligations (Article 195). The home's value affects property division: in ACP, equal shares; in CPG, based on contributions.

Jurisprudence Highlights

Masbate v. Masbate (G.R. No. 251823, 2020): Court allowed eviction under RA 9262 despite joint ownership, prioritizing safety.
Santos v. Santos (G.R. No. 187061, 2011): Emphasized joint administration; unilateral eviction invalid.
Republic v. Granada (G.R. No. 187512, 2012): In nullity cases, home awarded to innocent spouse with children.

Conclusion

Evicting a spouse from the conjugal home in the Philippines is a serious matter, permissible only under specific legal grounds and through court processes to safeguard family integrity. It balances individual safety with marital obligations, always prioritizing children's welfare. Spouses facing such issues should seek legal counsel promptly, as delays can exacerbate conflicts. Understanding these provisions empowers individuals to navigate family disputes within the bounds of the law, promoting justice and protection for all family members.