EIGHTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
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First Regular Session 
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SENATE
S.B. NO. 1173
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•19 
NOV 13 
P 5 3 4
Introduced by Senator Maria Lourdes Nancy SRfijnay
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN 
UNDER THE LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING 
FOR THIS PURPOSE EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN 
AS THE FAMILY CODE OF THE PHILIPPINES, AND FOR OTHER 
PURPOSES
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Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
Section 1. Article 96 of Executive Order No. 209, othenwise known as the 
Family Code of the Philippines, as amended, is hereby further amended to read 
as follows:
"Art. 96. The administration and enjoyment of the community 
property shall 
belong to both spouses jointly. 
In case of 
disagreement, the SPOUSES SHALL EXERT EARNEST EFFORTS TO 
ENTER INTO A COMPROMISE, FAILING SUCH, THE COURT SHALL 
DECIDE, UPON A PROPER PETITION IN A SUMMARY PROCEEDING 
[husband's decision shall prevail, subject to recourse to the court 
by the wife for property remedy, which must be availed of within 
five years from the date of the contract implementing such 
decision].


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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 inciude disposition or encumbrance without the 
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by the court before the offer is withdrawn by either or both 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."
Sec. 2. Article 124 of Executive Order No. 209, otherwise known as the 
Family Code of the Philippines, as amended, is hereby further amended to read 
as foliows:
"Art. 124. The administration and enjoyment of the conjugal 
partnership shall belong to both spouses jointly. In case of 
disagreement, the SPOUSES SHALL EXERT EARNEST EFFORTS TO 
ENTER INTO A COMPROMISE, FAILING SUCH, THE COURT SHALL 
DECIDE, UPON A PROPER PETITION IN A SUMMARY PROCEEDING 
[husband's decision shali 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 conjugai properties, the 
other spouse may assume sole powers of administration. These 
powers do 
not include disposition or encumbrance without
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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 of the other spouse or authorization 
by the court before the offer is withdrawn by either or both 
offerors."
Sec. 3. Articie 211 of Executive Order No. 209, otherwise known as the 
Family Code of the Philippines, as amended, is hereby further amended to read 
as follows:
"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 AND THE MOTHER SHALL EXERT 
EFFORTS TO ENTER INTO A COMPROMISE, FAILING SUCH, THE 
COURT SHALL DECIDE, TAKING INTO CONSIDERATION THE BEST 
INTEREST OF SUCH COMMON CHILD [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."
Sec. 4. Article 225 of Executive Order No. 209, otherwise known as the 
Family Code of the Philippines, as amended, is hereby further amended to read 
as follows:


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"Art. 225. The father and the mother shall jointly exercises legal 
guardianship over the property of the unemancipated common 
child without the necessity of a court appointment. In case of 
disagreement, the FATHER AND THE MOTHER SHALL EXERT 
EFFORTS TO ENTER INTO A COMPROMISE, FAILING SUCH, THE 
COURT SHALL DECIDE, TAKING INTO CONSIDERATION THE BEST 
INTERSET OF SUCH COMMON CHILD [father's decision shall 
prevail, unless there is a judicial order to the contrary].
Where the market value of the property or the annual income of 
the 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 child resides, or, if the 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 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."
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Sec. 5. Separability Cause. If any portion or provision of this Act is declared 
void and unconstitutional, the remaining portions or provisions hereof shall not 
be affected by such declaration.
Sec. 6. Repealing Cause. 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.
Sec. 7. Effectivity Cause. This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,