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.ienntr 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
(OH,; ... r Ul' j",.lur. 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'14 
JAN 20 P 6 :21 
'."f.,/, ~ E NAT E 
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20BflI 
S. 'B. NO. 
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JI! 
IU;X'}SiVED BY:._ --f 
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
The 1987 Constitution pn;,vides that the >state shaH endeavor to strengthen the family as a 
basiq social institution, 
Article 151 of Executive Order No. 209, as amended, otherwise known as the Family Code, 
gives flesh to the provision of the Constitution and provides that suits between family 
members will not prosper unless earnest efforts to reach a compromise were previously 
undertaken. The provision reads, thus: 
No suit between members of the same family shaH prosper unless it should 
appear from the verified complaint or jJetition that earnest efforts toward a 
compromise have been made, but that the same have failed. If it is shown 
that no such efforts Were in fact made, the case must be dismissed. 
This rule shaH not apply to cases which may not be the subject of 
compromise under the Civil Code, 
While the intention of the provision to protect the sanctity of the family is clear, its 
application has remained ambiguous" 
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First, jurisprudence strictly construes the application of Article 151 to actions involving 
family members as defined under Article 150 of the Family Code, thus: 
Art. 150. Family relations include those: 
, (I) Between husband and wife; 
, (2) Between parents and children; 
" (3) Among other ascendants arid descendants; and 
(4) Among brothers and sisters, whether of the full or half-blood. 
In Martinez vs, Martinez (G.R No. 162084, June 28,2005) the Supreme Court ruled that if 
the family relations in action does not fall under the exclusive list of Article 150, such as in 
the case of family members having affinity relationships, nephews and nieces, and even 
cousins, then Article 151 will not apply, Our society however considers family to extend 
beyond relationships by blood and encompasses even affinity relations. Thus, the application 
of Article 151 should be expanded to include family relationships by affinity . 
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Second, Article 151 is not clear in its scope. All kinds of proceedings, whether civil or 
criminal should comply with Article 151 excepting from its application civil and criminal 
actions which cannot be the subject of a compromise. 
The proposed bill seeks to clarify the scope and application of Article 151. The amendments 
intend to strengthen the family as a basic social institution by discouraging the tragic· 
spectacle of family litigation. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
Senator 
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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
;,' SENAD.69 
S. B. NO. 
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Srtll1tr 
('H,;. "I th'''rrrrlaf~ 
'14 
JI\N 20 P 6 :21 
RECEIVED By:-f·. 
Introduced by Senator Maria Lourdes Nancy S. Binay 
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AN ACT CLARIFYING THE APPLICATION OF ARTICLE 151 OF EXECUTNE 
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ORDER NO. 209, AS AMEi'IDED, OTHERWISE KNOWN AS THE FAMILY CODE 
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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 
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assembled: 
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SECTION 1. Article 151 of Executive Order No. 209, as amended, otherwise known as the 
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Family Code, is hereby further amended t~ read as fullows: 
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Art. 151. No suit, WHETHER CNIL OR CRIMINAL, between members of the same 
family RELATED BY BLOOD OR AFFINITY shall prosper unless it should appear from 
the verified complaint or petition that earnest efforts toward a compromise have been 
made, but that the same have failed. If it is shown that no such efforts were in fact made, 
the same case must be dismissed. 
This rule shall not apply to cases which may not be the subject of compromise under 
PENAL LAWS AND the Civil Code. 
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SECTION' 2. 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 3. Effectivity Clause. This Act shah take effect fifteen (15) days after its complete 
publication in at least two (2) nation\ll newspapers of general circulation. 
Approved,