EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
■i& tla c l tl)t fe* -nU rj>
s.NSoENm
7
20 
JAN 22 All :39
REC- 
DR
INTRODUCED BY SENATOR RISA HONTVEROS
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN UNDER THE 
LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING FOR THE 
PURPOSE ARTICLES 14, 96, 124, 211, AND 225 OF EXECUTIVE ORDER NO. 
209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
EXPLANATORY NOTE
In 2019, the World Economic Forum's Global Gender Gap Report placed the Philippines 
as the most gender-equal country in Asia and the 16th most gender-equal country 
globally1. Despite this accolade, one fundamental inequality remains unresolved: the 
fundamental equality of men and women under the laws on marriage.
The existing family code have some provisions that one could interpret as unfair to one 
of the two sexes, namely: women. Filipino society's esteem for mothers, which they 
regard as the 'ilaw ng tahanan' are found to be lacking. Their husband's decisions are 
deemed automatically superior to their wife's and ultimately negates the equality of a 
man and a woman inside the institution of marriage.
Filipina 
women 
are 
now 
in 
a 
better standing 
economically, 
financially, 
and 
professionally. They have borne and raised generations of citizens and the country 
owes it to them to recognize their rights and raise them to the same standard that their 
husbands enjoy.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
RISA H O N T IV E R O S ^ r^ —  
Senator
1 https://wvwv.rappler.eom/nation/247372-philippines-rankings-gender-gap-report-2020


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
, y : }
of Il)f <S>rtrrtdri>
20 JAN 22 All :39
SENATE
S. No. 1287
RECl. ' D B”
INTRODUCED BY SENATOR RISA HONTVEROS
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN UNDER THE 
LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING FOR THE PURPOSE 
ARTICLES 14, 96, 124, 211, AND 225 OF EXECUTIVE ORDER NO. 209, 
OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
Be it enacted by the Senate and House o f Representatives o f the Philippines in
Congress assembled:
1 
SECTION 1. Article 14 of Executive Order No. 209 is hereby amended to read as follows:
2 
"Art. 14. In case either or both of the contracting parties[, not having
3 
been emancipated by a previous marriage,] are between the ages of
4 
eighteen and twenty-one, they shall, in addition to the requirements of
5 
the preceding articles, exhibit to the local civil registrar, the consent to
6 
their marriage of [their father, mother, surviving parent], EITHER
7 
PARENT, or guardian, or [persons] THE PERSON WHO HAS [having] legal
8 
charge of them, AS PROVIDED UNDER THIS CODE AND OTHER
9 
RELEVANT LAWS, in the order mentioned. Such consent shall be
10 
manifested in writing by the interested party, who personally appears
11 
before the proper local civil registrar, or in the form of an affidavit made
12 
in the presence of two witnesses and attested before any official
13 
authorized by law to administer oaths. The personal manifestation shall be
14 
recorded in both applications for marriage license, and the affidavit, if one
15 
is executed instead, shall be attached to said applications."


1 
SEC. 2. Article 96 of Executive Order No. 209 is hereby amended to read as follows:
2 
"Art. 96. The administration and enjoyment of the community
3 
property 
shall 
belong 
to 
both 
spouses 
jointly. 
ANY 
ACT 
OF
4 
ADMINISTRATION BY EITHER SPOUSE WITHOUT THE CONSENT OF THE
5 
OTHER SHALL BE UNENFORCEABLE UNTIL IT IS SUBSEQUENTLY
6 
RATIFIED BY THE NON-CONSENTING SPOUSE. In case of disagreement,
7 
the [husband's decision shall prevail, subject to] SPOUSES SHALL MAKE
8 
EARNEST EFFORTS TO SETTLE THEIR DIFFERENCES, PROVIDED THAT,
9 
SHOULD THE SPOUSES FAIL TO ENTER INTO A COMPROMISE, EITHER
10 
SPOUSE SHALL HAVE recourse to the court [by the wife] for proper
11 
remedy IN A SUMMARY PROCEEDING, which must be availed of within
12 
five years from the date [of] the contract WAS ENTERED BY THE PARTIES
13 
THERETO, OR UPON KNOWLEDGE OF THE NON-CONSENTING SPOUSE,
14 
WHICHEVER COMES LATER [implementing such decision]. THE COURT,
15 
IN DECIDING THE CASE, SHALL CONSIDER THE BEST INTEREST OF THE
16 
FAMILY. DAMAGES AND EXPENSES OF LITIGATION WHICH DID NOT
17 
REDOUND TO THE BENEFIT OF THE FAMILY SHALL BE BORNE BY THE
18 
CONTRACTING SPOUSE AND SHALL NOT BE CHARGED TO THE
19 
COMMUNITY PROPERTY.
20 
"In the event that one spouse is incapacitated or otherwise unable to
21 
participate in the administration of the common properties, the other
22 
spouse may assume sole powers of administration. These powers do not
23 
include disposition or encumbrance without authority of the court or the
24 
written consent of the other spouse. In the absence of such authority or
25 
consent, the disposition or encumbrance shall be void. However, the
26 
transaction shall be construed as a continuing offer on the part of the
27 
consenting spouse and the third person, and may be perfected as a


1 
binding contract upon the [acceptance] RATIFICATION by the other
2 
spouse or authorization by the court before the offer is withdrawn by
3 
either or both offerors."
4 
SEC. 3. Article 124 of Executive Order No. 209 is hereby amended to read as follows:
5 
"Art. 
124. The administration and enjoyment of the conjugal
6 
partnership 
shall 
belong 
to 
both 
spouses jointly. 
ANY ACT OF
7 
ADMINISTRATION BY EITHER SPOUSE WITHOUT THE CONSENT OF THE
8 
OTHER SHALL BE UNENFORCEABLE UNTIL IT IS SUBSEQUENTLY
9 
RATIFIED BY THE NON-CONSENTING SPOUSE. In case of disagreement,
10 
the [husband's decision shall prevail, subject to] SPOUSES SHALL MAKE
11 
EARNEST EFFORTS TO SETTLE THEIR DIFFERENCES: PROVIDED THAT,
12 
SHOULD THE SPOUSES FAIL TO ENTER INTO A COMPROMISE, EITHER
13 
SPOUSE SHALL HAVE recourse to the court [by the wife] for proper
14 
remedy IN A SUMMARY PROCEEDING, which must be availed of within
15 
five years from the date [of] the contract [implementing such decision]
16 
WAS ENTERED BY THE PARTIES THERETO, OR UPON KNOWLEDGE OF
17 
THE NON-CONSENTING SPOUSE, WHICHEVER COMES LATER. THE
18 
COURT, IN DECIDING THE CASE, SHALL CONSIDER THE BEST INTEREST
19 
OF THE FAMILY. DAMAGES AND EXPENSES OF LITIGATION WHICH DID
20 
NOT REDOUND TO THE BENEFIT OF THE FAMILY SHALL BE BORNE BY
21 
THE CONTRACTING SPOUSE AND SHALL NOT BE CHARGED TO THE
22 
COMMUNITY PROPERTY.
23 
"In the event that one spouse is incapacitated or otherwise unable to
24 
participate in the administration of the conjugal properties, the other
25 
spouse may assume sole powers of administration. These powers do not
26 
include disposition or encumbrance without authority of the court or the
27 
written consent of the other spouse. In the absence of such authority or


1 
consent, the disposition or encumbrance shall be void. However, the
2 
transaction shall be construed as a continuing offer on the part of the
3 
consenting spouse and the third person, and may be perfected as a
4 
binding contract upon the [acceptance] RATIFICATION by the other
5 
spouse or authorization by the court before the offer is withdrawn by
6 
either or both offerors.
7 
SEC. 4. Article 211 of Executive Order No. 209 is hereby amended to read as follows:
8 
"Art. 211. The father and the mother shall jointly exercise parental
9 
authority over the persons of their common children. In case of
10 
disagreement, the [father's decision shall prevail, unless there is a judicial
11 
order to the contrary] PARENTS SHALL MAKE EARNEST EFFORTS TO
12 
SETTLE THEIR DIFFERENCES, TAKING INTO CONSIDERATION THE BEST
13 
INTEREST OF THE CHILD, PROVIDED THAT SHOULD THEY FAIL TO
14 
ENTER INTO A COMPROMISE, EITHER PARENT SHALL HAVE RECOURSE
15 
TO THE COURT FOR PROPER REMEDY.
16 
Children shall always observe respect and reverence towards their
17 
parents and are obliged to obey them as long as the children are under
18 
parental authority.
19 
SEC. 5. Article 225 of Executive Order No. 209 is hereby amended to read as follows:
20 
"Art. 225. The father and the mother shall jointly exercise legal
21 
guardianship over the property of [the unemancipated common] THEIR
22 
MINOR child without the necessity of a court appointment. ANY EXERCISE
23 
OF GUARDIANSHIP BY EITHER PARENT WITHOUT THE CONSENT OF THE
24 
OTHER SHALL BE 
UNEFORCEABLE, 
UNTIL IT IS SUBSEQUENTLY
25 
RATIFIED BY THE NON-CONSENTING PARENT. In case of disagreement,
26 
[the father's decision shall prevail, unless there is a judicial order to the
27 
contrary.] EITHER PARENT SHALL HAVE RECOURSE TO THE COURT


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1
WITHIN FIVE (5) YEARS FROM THE DATE THE CONTRACT WAS ENTERED 
BY THE PARTIES THERETO, OR UPON KNOWLEDGE OF THE NON­
CONSENTING PARENT, WHICHEVER COMES LATER. THE COURT, IN 
DECIDING THE CASE, SHALL TAKE INTO CONSIDERATION THE BEST 
INTEREST OF THE MINOR CHILD. 
DAMAGES AND EXPENSES OF 
LITIGATION, WHICH DID NOT REDOUND TO THE BENEFIT OF THE 
MINOR CHILD, SHALL BE BORNE BY THE CONTRACTING PARENT AND 
SHALL NOT BE CHARGED TO THE PROPERTY OF THE MINOR CHILD.
"Where the market value of the property or the annual income of 
the MINOR 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 MINOR child resides, or, if the MINOR 
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 MINOR 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."


1 
SEC. 6. Separability Clause -  If any provision of this Act is found unconstitutional or
2 
invalid, the other provisions not affected by such declaration shall remain in full force and
3 
effect.
4 
SEC. 7. 
Repealing Clause -  All laws, decrees, executive orders, presidential
5 
issuances and other administrative rules and regulations or parts thereof which are
6 
inconsistent with this Act are hereby repealed, amended or modified accordingly.
7 
SEC. 8. Effectivity - This Act shall take effect fifteen (15) days after its publication in
8 
at least two (2) national newspapers of general circulation.
9 
Approved,