1. Why this is legally complicated

Wanting to remove a drug-using spouse from the conjugal home usually comes from real fear and exhaustion: violence, unpredictable behavior, theft, or risk to the children. But Philippine law is protective of:

The marital relationship
The family home
The constitutional rights of every person (even of a drug user or offender)

So, you cannot simply “kick out” a spouse by force without serious legal risk. Ejecting a spouse is generally lawful only when backed by a court or statutory authority (e.g., a protection order, criminal case conditions, or orders in a family case).

This article walks through the legal framework, when ejection is allowed, how it is done, and what the alternatives are.

2. Basic legal concepts

2.1 Conjugal home vs. family home

In common language people say “conjugal home”, but legally there are two related ideas:

Property regime
- Absolute community of property (default for most marriages after the Family Code)
- Conjugal partnership of gains
- Separation of property / complete separation (if agreed in valid marriage settlements)
Family home (Family Code, Arts. 149–162)
- The house and lot where the family actually resides
- Automatically becomes the family home from the time it is occupied as a family residence
- Enjoys special protection (limited execution, exemption in many cases)

Even if the property is titled only in one spouse’s name, the other spouse and the minor children usually have a legal right to live there as the family home, unless a court says otherwise.

2.2 Obligations between spouses

Under the Family Code:

Spouses are obliged to live together, observe mutual love and respect, and render mutual help and support.
Both spouses generally have a say in choosing the family domicile.
Neither can arbitrarily deny the other the right to stay in the family home, unless there is a lawful basis (e.g., protection order, court order in a marital case, etc.).

3. Drug use and drug dependence: where the law comes in

3.1 Dangerous Drugs Act (RA 9165)

RA 9165 criminalizes:

Possession and use of dangerous drugs
Selling, trading, and other related acts
Being a drug dependent without undergoing proper treatment and rehabilitation

Relevant to spouses:

Family members can report or refer a drug-dependent relative for treatment and rehabilitation (voluntary or compulsory).
A spouse’s drug addiction may be a ground for legal separation (Family Code, Art. 55: habitual alcoholism or drug addiction).
It can also be evidence of unfitness for custody of children.

However, RA 9165 does not, by itself, authorize you to evict your spouse from the house. It provides mechanisms for criminal liability and rehabilitation, not “instant eviction”.

3.2 Violence, abuse and drug use

If a spouse’s drug use leads to:

Physical violence
Threats and intimidation
Psychological abuse
Economic abuse (e.g., taking money, pawning things, depriving family of support)

then other laws kick in, particularly RA 9262 – the Anti-Violence Against Women and their Children Act.

4. RA 9262 and protection orders (the main legal tool for eviction)

4.1 Who is protected?

RA 9262 protects:

Women (wife, former wife, woman in a dating relationship, or a woman with whom the offender has a common child)
Children (whether legitimate or illegitimate, within or without marriage)

It applies when the abuser is a:

Current or former husband
Live-in partner
Boyfriend / intimate partner
Father of the woman’s child

Important: RA 9262 is gender-specific: it is designed to protect women and children. A husband who is the victim of an abusive, drug-using wife cannot file under RA 9262; he must rely on other laws (criminal law, civil actions, family law).

4.2 Forms of violence under RA 9262

Drug use often leads to acts that fall under:

Physical violence – hitting, kicking, slapping, etc.
Psychological violence – threats, intimidation, stalking, humiliation, etc.
Economic abuse – taking or controlling money, selling family property, depriving the woman or children of financial support, or excluding them from the family home.

If a drug-using husband does any of these, the wife may file a VAWC case and ask for a protection order, which is the key to lawfully ejecting him from the home.

4.3 Types of protection orders

There are three types:

Barangay Protection Order (BPO)
- Issued by the Punong Barangay (or kagawad if the punong barangay is unavailable).
- Covers threats and acts of physical harm and some aspects of harassment.
- Typically valid for a limited period (e.g., 15 days).
- Can prohibit the respondent from harassing the victim or from being within a certain distance.
Temporary Protection Order (TPO)
- Issued by the Family Court or RTC.
- Grantable ex parte (without hearing the husband first) in urgent situations.
- Usually valid for 30 days or until the hearing for a permanent order.
Permanent Protection Order (PPO)
- Issued after notice and hearing.
- Can have long-term effect and include a wide range of reliefs.

4.4 How protection orders eject a spouse

RA 9262 explicitly allows courts to:

Remove the respondent (abusive spouse) from the residence, regardless of ownership.
Award the woman and her children exclusive use and possession of the residence, whether it is:
- exclusively owned by either spouse,
- conjugal,
- part of the absolute community, or
- leased.
Order the respondent to stay away from the residence, workplace, school, or any place frequently visited by the woman or the children.

Thus, for a drug-using husband, if his behavior amounts to VAWC, the most direct and legally safe route to remove him from the family home is via a protection order under RA 9262.

5. Other legal bases to exclude a drug-using spouse

5.1 Conditions in a criminal case

If the drug-using spouse is charged with:

VAWC
Physical injuries
Grave threats
Serious illegal detention / coercion
Other crimes committed against the spouse or children

The court may impose as conditions of bail or release:

No contact with the victim
Stay-away orders (e.g., not to come within 200 meters of the home)

Violation of such conditions may result in revocation of bail and re-arrest.

5.2 Orders in a petition for legal separation, nullity, or annulment

In legal separation (e.g., ground: drug addiction) or nullity/annulment, the court may issue:

Provisional orders during the case:
- Who stays in the family home
- Temporary custody of children
- Support pendente lite (during the case)
Final orders in the decision:
- Award of the family home to one spouse for the benefit of the children
- Partition of properties
- Termination of the property regime

If the drug-using spouse is at fault, the court may favor the innocent spouse for custody and use of the family home. The guilty spouse may be barred from returning, except as allowed by court.

5.3 Agreements between spouses

Sometimes spouses agree that one will move out, for safety or rehabilitation. But:

A private written agreement cannot violate laws or public policy.
It does not bind third parties and does not change registered ownership, but it can guide courts on the parties’ intentions.
It is safest when approved by the court in a pending family case.

Without court approval, forcing a spouse out based solely on a private contract is risky if the spouse changes their mind.

6. Why “self-help eviction” is dangerous

If you, on your own, without court order:

Change the locks while your spouse is out
Physically block them from entering
Use force, threats, or intimidation to keep them away

you may face possible liability for:

Grave coercion (unlawfully preventing someone from doing something not prohibited by law, via violence or threats)
Physical injuries, if there is violence
Threats or harassment
If the victim is a wife or child, the husband may even face VAWC complaints for economic and psychological abuse, for depriving them of the use of the family home.

The law strongly disfavors people taking the law into their own hands. Judges look for due process and properly issued orders.

7. When is ejection more straightforward?

7.1 If you are the abused wife and he is the drug-using husband

Most straightforward path:

Document abuse
- Pictures of injuries, medical certificates
- Police blotter
- Witness statements (relatives, neighbors, barangay officials)
Go to the barangay or police
- Request a Barangay Protection Order (BPO) if available and appropriate.
- Get an incident report / blotter.
File a petition for a TPO/PPO under RA 9262 in the proper court
- Request exclusive use of the family home
- Ask for an order to remove him from the house and to stay away (specify distance).
Consider filing:
- A criminal case under RA 9262 and/or RA 9165
- A petition for legal separation, nullity, or annulment, invoking his drug addiction and abusive conduct.

Once a TPO/PPO is granted, law enforcement can assist in enforcing the order and requiring the husband to leave the home.

7.2 If you are the husband and she is the drug-using wife

RA 9262 does not protect husbands as victims. But you still have legal remedies:

Criminal law
- File complaints for physical injuries, threats, grave coercion, theft, etc., if applicable.
- If she is involved in drugs, authorities may act under RA 9165.
Family case
- File for legal separation (ground: drug addiction) or nullity/annulment if there are valid grounds.
- Ask the court for provisional orders granting you exclusive use of the family home and custody of the children.
Civil protection mechanisms
- While there is no RA 9262-equivalent for men against women, courts in family cases can still issue injunctions, stay-away orders, and exclusive use orders for the residence, particularly where children’s safety is involved.

Again, avoid self-help eviction without court authority.

8. Children and custody: the court looks at safety first

When there are children, the court’s overriding consideration is the best interests of the child:

Drug addiction and violent behavior of a parent are strong factors against awarding custody to that parent.
The court may:
- Award sole custody to the non-using, non-abusive parent
- Limit the other parent’s visitation (e.g., supervised visits, no overnights)
- Combine this with an order granting exclusive use of the family home to the custodial parent and children

Even if the property is in the drug-using spouse’s name, courts can still let the other spouse and children stay in the house, at least temporarily, to avoid disrupting the children’s lives.

9. The role of rehabilitation

If the spouse is truly a drug dependent, and not just an occasional user, the law allows and encourages:

Voluntary submission for treatment and rehabilitation in a DOH-accredited center
In some cases, compulsory confinement upon petition of family members or others, if he or she is a danger to self or others

This may indirectly result in the spouse being physically absent from the home while in rehab, but:

It is not technically “ejection”;
And when rehabilitation ends, the issue of residence and family home rights may arise again, unless a court has already settled it through a family case or protection order.

10. Special situations

10.1 House is rented

If the family home is a rented house:

The lease is usually in the name of one spouse.
A court can still order exclusive use of the leased premises by the protected spouse and children (especially in RA 9262 cases).
The drug-using spouse may be barred from entering the rented home, even if he/she is the named lessee, if a protection order so provides.

10.2 House is owned exclusively by the drug-using spouse

Even if the title is solely in the name of the drug-using spouse:

As long as it serves as the family home, the other spouse and the children have rights of abode.
A court can grant exclusive possession to the innocent spouse and the children and order the owner-spouse to stay away, particularly in RA 9262 or in family law cases.

10.3 House is owned by the victim-spouse or his/her family

If the house belongs solely to the non-using spouse or to his/her parents:

You might feel you have every right to just lock out the drug-using spouse.
But, while ownership favors you strongly, it is still safer to:
- Seek a protection order or
- Obtain a court order in a family case

so that any exclusion is done with judicial backing.

11. Practical tips if you are living with a drug-using spouse

Prioritize safety
- If there is immediate danger, leave the house with the children and go to relatives, a shelter, or a safe location.
- Call or go to the barangay or police station.
Document incidents
- Keep a notebook or file: dates, times, descriptions of violence, threats, or drug-related incidents.
- Secure copies of medical certificates, photos, and police or barangay blotters.
Consult professionals
- Talk to a lawyer about:
  - VAWC cases (if you’re a woman victim)
  - Criminal complaints
  - Petitions for legal separation, nullity, or annulment
- Approach DSWD, women’s desks, or NGOs for support services and shelter options.
Avoid illegal self-help
- Try not to engage in physical confrontation.
- Don’t destroy or dispose of the spouse’s personal properties without legal basis.
- Don’t fabricate evidence; courts can detect this and it may backfire.
Consider rehabilitation and family dialogue
- If still safe, you can encourage or help arrange voluntary rehabilitation for your spouse.
- However, safety is non-negotiable; do not risk life and limb for the sake of “saving the marriage” if severe violence is present.

12. Key takeaways

A spouse cannot usually be ejected from the conjugal or family home by sheer force or unilateral decision, even if they are using drugs.
Lawful exclusion almost always requires some form of court or legal order:
- Protection orders (RA 9262) if the victim is a woman or child and the offender is the drug-using husband or partner
- Criminal case conditions
- Orders in legal separation, nullity, or annulment cases
Self-help eviction—changing locks, physically barring entry, using threats—can lead to criminal liability for the person doing it.
Courts will give great weight to the safety of the victim-spouse and the children, and can grant exclusive use of the family home even if the property is not in their name.
Rehabilitation is possible and encouraged for drug-dependent spouses, but it does not automatically solve the legal issues about residence and custody.

This is an overview of the legal landscape, not tailored legal advice for a specific case. For any real situation—especially where there is ongoing violence, children, or property issues—it is crucial to consult a Philippine lawyer or legal aid office who can look at your exact facts, documents, and location, and help you choose the safest and most effective legal path.