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  “ Article 152 of the Civil Code gives the instances when the obligation to give support shall cease. The failure of the wife to live with her husband is not one of them.”   -SC Statement of the Case Eloisa Goitia filed a case against her husband, Jose Campos Rueda, seeking financial support while living apart from the conjugal home. The lower court initially ruled that Jose could not be compelled to support Eloisa outside their shared residence unless there was a judicial decree granting separation or divorce. Consequently, the court dismissed the case on demurrer. Dissatisfied with the decision, Eloisa appealed to the Supreme Court. Arguments Plaintiff's Arguments : Eloisa argued that she had a right to financial support from Jose despite not living in the conjugal home. She claimed that her departure was justified due to Jose’s repeated obscene demands and acts of maltreatment. Defendant's Arguments : Jose contended that he could only be compelled to support his wife with...

    An employer's blanket policy of no-spouse employment is discriminatory. To justify its enforcement, the employer must clearly establish a reasonable business necessity.  .. unless the employer can prove that the reasonable demands of the business require a distinction based on marital status and there is no better available or acceptable policy which would better accomplish the business purpose, an employer may not discriminate against' an employee based on the identity of the employee's spouse. This is known as the  bona fide occupational qualification exception. To justify a  bona fide  occupational qualification, the employer must prove two factors:  (1) that the employment qualification is reasonably related to the essential operation of the job involved; and,  (2) that there is a factual basis for believing that all or substantially all persons meeting the qualification would be unable to properly perform the duties of the job. Thus, a...