SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
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Introducerl hy Scn~tor Miriam Defensor Santiago 
AN ACT 
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AMENDING ARTICLE 874 OF REPUBLIC ACT NO. 386, ALSO KNOWN AS THE 
CIVIL CODE OF THE PHILIPPINES 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 14, provides: 
Section 14. The State ... shall cnsure the fundamental equality 
hefore the law of women and men. 
Heavily influenced by the Spanish Codigo Civil, the Civil Code of the Philippines 
was first enforced in 1889 when the Philippines was still a colony of Spain. It was only in 
I 1947 when President Manuel Roxas created a new Code Commission to draft a new Civil 
Code. Thus, the new Civil Code took effect in 1950, still containing some of the old 
provisions from the Codigo Civil. 
One of those provisions is Article 874, which allows the deceased spouse or the 
latter's ascendants or descendants to prohibit the widow or widower from contracting a 
subsequent marriage. Marriage is a social institution created hy the State, in which both 
parties enter with their consent freely given. T-Jowever, it is upon death that a marriage is 
dissolved without going through the legal process. Thus, the widow or widower should 
not he bound under threat of Article 874 to remain unmarried in consideration of 
receiving an inheritance. 
This bill therefore addresses the iniquitous preference of the law for the deceased 
spouse,the latter's ascendants and descendants, without taking into account the 
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detrimental effect such a provision may cause on the life, liberty, and happiness of the 
surviving spouse. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHIl ,rPPINES 
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) 
) 
ir~'0'i;~; 1'11 1.1 ~ 
hl' .. ",,l~!),' "l"trb'r~ 
Second Regular Session 
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Introduced by Senator Miriam j)efemor Santiago 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
AN ACT 
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AMENDING ARTICLE 874 OF REPUBLIC ACT NO. 386, ALSO KNOWN AS THE 
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CIVII. CODE OF THE PHILIPPINES 
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SECTION 1. Article 874 of Republic Act No. 386. also known as the Civil Code 
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of the Philippines, as amended, is hereby {brther amended to read as follows: 
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"Article 874. An absolute condition not to contract a tirst or 
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subsequent marriage shall be considered as not written I.j unless suelt 
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oorulffien- has been- imposeEi--en-4fle"widow or widower by-+fle-deceased 
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spouse, or b:)o'4e latter's ascendants or descendants. 
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Nevertheless, the [The 1 right of usufruct, or an allowance or some personal 
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pl'estation may be devised or bequeathed to any person for the time during 
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which he or she should remain unmarried or in widowhood." 
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SHCTION 2. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruct ion, administrative order, rule or regulation contrary to 
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or inconsistent with, the provisions of this Act is herehy repealed, modified, or amended 
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accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its puhlication in at least two (2) newspapers of general circulation. 
Approved, 
imamt9Dec20 14 
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