SEVENTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s.B. NO. it<^ 7 n
of t!,r fe rn  ,jng»
■'7 fl/IR-7 P5B5 
received BY:
Introduced by Senator Maria Lourdes Nancy S. Binay
EXPLANATORY NOTE
The 1987 Philippine Constitution affirmed the role of women in nation-building and 
endeavors to ensure the fundamental equality before the law of men and women. Thus, 
reforms to the patently discriminatory provisions of the Civil Code of the Philippines 
were removed with the introduction of the Family Code of the Philippines. Under the 
Civil Code of the Philippines the authority of the husband over family relations was 
persistent. For instance, the husband was designated as the administrator of the conjugal 
properties and had the right to object to the exercise by the wife of her profession if his 
income is sufficient to support the family. The Family Code of the Philippines eliminated 
these inequalities, among many other provisions which are bias against women.
Despite major reforms to our law on marriage and family relations, there are still a 
number of provisions in the Family Code of the Philippines which prejudice against 
women. The Family Code of the Philippines still recognizes the supremacy of the 
husband’s decisions in case of disagreement with the wife involving property 
administration and exercise of parental authority over the common children.
These provisions have no place in our law and serve no purpose other than to perpetuate 
discrimination. Consistent with the declaration in Republic Act No. 9710, or the Magna 
Carta of Women, provisions of law which engender inequality should be abolished.
There have been, in the past, series of proposals to amend these anti-women provisions in 
the Family Code of the Philippines. Regrettably to date, none have been enacted into law. 
It is therefore strongly urged that the passing of this bill be granted utmost importance.
In view of the foregoing, the passage of this bill is earnestly recommended.
MA' 
Senator
NANCY S. BINAY


SEVENTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. NO. 1370
o [ tl) f f e m r t a r j i
*17 MAR-7 P5X)5
RECEIVED BY:
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND 
WOMEN UNDER THE LAM S ON MARRIAGE AND FAMILY lUELATIONS, 
AMENDING FOR THIS PURPOSE EXECUTIVE ORDER NO. 209, 
OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, AND
FOR OTHER PURPOSES
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
SECTION 1. Article 96 of Executive Order No. 209, otherwise known as the Family 
Code of the Philippines, as amended, is hereby further amended to read as follows:
“Art. 96. The administration and enjoyment of the community property 
shall belong to both spouses jointly. In case of disagreement, the 
SPOUSES SHALL EXERT EARNEST EFFORTS TO ENTER INTO A 
COMPROMISE, FAILING SUCH, THE COURT SHALL DECIDE,
UPON A PROPER PETITION IN A SUMMARY PROCEEDING 
[husband’s decision shall prevail, subject to recourse to the court by the 
wife for property remedy, which must be availed of within five years from 
the date of the contract implementing such decision].
In the event that one spouse is incapacitated or otherwise unable to 
participate in the administration of the common properties, the other 
spouse may assume sole powers of administration. These powers do not 
include disposition or encumbrance without the authority of the court or 
the written consent of the other spouse. In the absence of such authority or 
consent, the disposition or encumbrance shall be void. However, the 
transaction shall be construed as a continuing offer on the part of the 
consenting spouse and the third person, and may be perfected as a binding 
contract upon the acceptance by the other spouse or authorization by the 
court before the offer is withdrawn by either or both offerors.”
SECTION 2. Article 124 of Executive Order No. 209, otherwise known as the Family 
Code of the Philippines, as amended, is hereby further amended to read as follows:


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“Art. 124. The administration and enjoyment of the conjugal partnership 
shall belong to both spouses jointly. In case of disagreement, the 
SPOUSES SHALL EXERT EARNEST EFFORTS TO ENTER INTO A 
COMPROMISE, FAILING SUCH, THE COURT SHALL DECIDE,
UPON A PROPER PETITION IN A SUMMARY PROCEEDING 
[husband’s decision shall prevail, subject to recourse to the court by the 
wife for proper remedy, which must be availed of within five years from 
the date of the contract implementing such decision].
In the event that one spouse is incapacitated or otherwise unable to 
participate in the administration of the conjugal properties, the' other 
spouse may assume sole powers of administration. These powers do not 
include disposition or encumbrance without authority of the court or the 
written consent of the other spouse. In the absence of such authority or 
consent, the disposition or encumbrance shall be void. However, the 
transaction shall be construed as a continuing offer on the part of the 
consenting spouse and the third person, and may be perfected as a binding 
contract upon the acceptance of the other spouse or authorization by the 
court before the offer is withdrawn by either or both offerors.”
SECTION 3. Article 211 of Executive Order No. 209, otherwise known as the Family
Code of the Philippines, as amended, is hereby further amended to read as follows:
“Art. 211. The father and the mother shall jointly exercise parental 
authority over the persons of their common children. In case of 
disagreement, the FATHER AND THE MOTHER SHALL EXERT 
EFFORTS TO ENTER INTO A COMPROMISE, FAILING SUCH, THE 
COURT SHALL DECIDE, TAKING INTO CONSIDERATION THE 
BEST INTEREST OF SUCH COMMON CHILD [father’s decision shall 
prevail, unless there is a judicial order to the contrary].
Children shall always observe respect and reverence towards their parents 
and are obliged to obey them as long as the children are under parental 
authority.”
SECTION 4. Article 225 of Executive Order No. 209, otherwise known as the Family
Code of the Philippines, as amended, is hereby further amended to read as follows:
“Art. 225. The father and the mother shall jointly exercises legal 
guardianship over the property of the unemancipated common child 
without the necessity of a court appointment. In case of disagreement, the 
FATHER AND THE MOTHER SHALL EXERT EFFORTS TO ENTER 
INTO A COMPROMISE, FAILING SUCH, THE COURT SHALL 
DECIDE, TAKING INTO CONSIDERATION THE BEST INTERSET 
OF SUCH COMMON CHILD [father’s decision shall prevail, unless there 
is a judicial order to the contrary].


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Where the market value of the property or the annual income of the child 
exceeds P50,000 the parent concerned shall be required to furnish a bond 
in such amount as the court may determine, but not less than ten per 
centum (10%) of the value of the property or annual income, to guarantee 
the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper 
court of the place where the child resides, or, if the child resides in a 
foreign country, in the proper court of the place where the property or any 
part thereof is situated.
The petition shall be docketed as a summary special proceeding in which 
all incidents and issues regarding the performance of the obligations 
referred to in the second paragraph of this Article shall be heard and 
resolved.
The ordinary rules on guardianship shall be merely suppletory except 
when the child is under substitute parental authority, or the guardian is a 
stranger, or a parent has remarried, in which case the ordinary rules on 
guardianship shall apply.”
SECTION 5. Separability Clause. If any portion or provision of this Act is declared void 
and unconstitutional, the remaining portions or provisions hereof shall not be affected by 
such declaration.
SECTION 6. Repealing Clause. All laws, decrees, orders, rules and regulations, other 
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed 
or modified accordingly.
SECTION 7. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,