Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

“ GEO
*” RECEIVED \
SIXTEENTH CONGRESS DATE: 21 061 2o14"\

Second Regular Session

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House BiLLNo, 9117

Introduced by GABRIELA Women's Party Representatives
EMMI A. DE JESUS and LUZVIMINDA C. ILAGAN

EXPLANATORY NOTE

The Family Code of the Philippines provides that:

Art. 14. In case either or both of the contracting parties, not having been
emancipated by a previous marriage, are between the ages of eighteen and
twenty-one, they shall, in addition to the requirements of the preceding articles,
exhibit to the local civil registrar, the consent to their marriage of their father,
mother, surviving parent or guardian, or persons having legal charge of them, in
the order mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local civil registrar, or
in the form of an affidavit made in the presence of two witnesses and attested
before any official authorized by law to administer oaths, The personal
manifestation shall be recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to said applications.

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'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.

‘Art. 225. The father and the mother shall jointly exercise legal guardianship over
the property of the unemancipated common child without the necessity of a
court appointment. In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.

XXX


The underscored show that the law gives premium to the father’s decision in
matters pertaining to their children, from exercising authority over their persons
and properties to withholding or giving consent to their child’s marriage.

The abovementioned provisions are inconsistent with the concepts of equality
and non-discrimination. These disregard the contribution of mothers and the
important role they play in the rearing of their children. Furthermore, these
provisions put in question the capability of mothers in making sound decisions in
matters affecting their children.

It should be remembered that matters pertaining to rearing and guidance of
children should always be decided upon by both parents. It is their shared
responsibility to ensure that the best interest of their children be upheld at all
times. This, however, cannot be achieved when the father’s decision shall always
prevail in cases of disagreement, setting aside the mother’s opinion even if the
latter seems to be better than that of the father.

It may be argued that the mother is not left without any recourse as she can seek
judicial order to overturn her husband’s decision. However, the arduous court
process discourages many mothers from seeking this relief, especially so when
they are financially dependent upon their husbands, which is not an isolated
scenario.

This bill seeks to amend the abovementioned provisions in the Family Code to
remove the preferential treatment for the father’s decision in matters concerning,
children. It seeks to harmonize the Family Code with the Magna Carta of Women.
The amendments will serve as responses to our international commitments
sustained in the Fourth World Conference on Women Declaration (Beijing, 1995),
Convention on the Elimination of All Forms of Discrimination Against Women and
the United Nations Convention on the Rights of the Child.

From the foregoing, the passage of this bill is earnestly sought.

Howe all ©
REP. EMMI DE JESUS REP, LUZ ILA\
Gabriela Women’s Party Gabriela Womenté Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

9
House BILLNo. 0117

Introduced by GABRIELA Women's Party Representatives
EMMI A, DE JESUS and LUZVIMINDA C. ILAGAN

AN ACT AMENDING ARTICLES 14, 211 AND 225 OF THE FAMILY CODE OF THE
PHILIPPINES

Be it enacted by the Senate and Mouse of Representatives in Congress
assembled:

SECTION 1, Articles 14, 211 and 225 of the Family Code of the Philippines are
hereby amended to read as follows:

Art. 14. In case either or both of the contracting parties, not having
been emancipated by a previous marriage, are between the ages of
eighteen and twenty-one, they shall, in addition to the requirements of
the preceding articles, exhibit to the local civil registrar, the consent to
their marriage of EITHER of their father, mother, surviving parent or
guardian, or persons having legal charge of them;—in—the—order
mentioned-Such consent shall be manifested in writing by the interested
party, who personally appears before the proper local civil registrar, or in
the form of an affidavit made in the presence of two witnesses and
attested before any official authorized by law to administer oaths. The
personal manifestation shall be recorded in both applications for
marriage license, and the affidavit, if one is executed instead, shall be
attached to said applications.

Art. 211, The father and the mother shall jointly exercise parental
authority over the persons of their common children. }»-case—of

disog 16-the father!s deciston-shall prevail, unless there-is-a judicial



Art. 225, The father and the mother shall jointly exercise legal guardianship
over the property of the unemancipated common child without the

necessity of a court tgppalhinert ty sare ot tenareerente Stein
decision shall prevail

SECTION 2. This Act shall take effect immediately upon approval.

Approved,