Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _3720

Introduced by Representative Linabelle Ruth R. Villarica
4" District, Bulacan

EXPLANATORY NOTE

Section 14 Article II of the 1987 Constitution states: “The State recognizes the role of
women in nation-building, and shall ensure the fundamental equality before the law of
women and men.”

However, this fundamental equality before the law between men and women is proved
inutile because of certain provisions of our laws which give preference to men over
women. On matters of administration and enjoyment of the community property under
Article 96 of the Family Code, the father’s decision shall prevail in case of disagreement.
The law gives undue advantage to the husband over the wife. The provision therefore
must be corrected by way of legislative amendment.

Under the proposed amendment, in case of disagreement between the spouses, judicial
action is available subject to the requirement of earnest efforts toward a compromise
under Article 151 of the Family Code.

In view of the foregoing, the approval of this bill is earnestly sought.

SAE Wlleteea

REP. LINABELLE RUTH R. VILLARICA


Republic of the Philippines
HOUSE GF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House ett. no.__ 3720

Introduced by Representative Linabelle Ruth R. Villarica
4" District, Bulacan

AN ACT STRENGTHENING WOMEN’S RIGHTS BY REMOVING THE
PREFERENCE OF THE HUSBAND, IN CASE OF DISAGREEMENT, IN THE
ADMINISTRATION AND ENJOYMENT OF COMMUNITY PROPERTY, AMENDING
FOR THIS PURPOSE ARTICLE 96 OF EXECUTIVE ORDER NO. 209 OTHERWISE
KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

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 is hereby amended as follows:

Art. 96. The acministration and enjoyment of the community property
shall belong to both spouses jointly. [In case of disagreement, the
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 common 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 by the other spouse or authorization
by the court before the offer is withdrawn by either or both offerors.

SECTION 2. Separability Clause. If any provision of this Act, or any part thereof, is
declared unconstitutional, the same shall not affect the validity and effectivity of the
other provisions.

SECTION 3. Repealing Clause. All laws, executive orders, presidential decrees,
proclamations, rules, regulations, issuances, and enactments or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 4. Effectivity. This Act shall take effect after fifteen (15) days from its
complete publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines.

Approved,