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Republic of the Philippines I RECEIVED
HOUSE OF REPRESENTATIVES = [9 7-07 JUL Sh
Quezon City = IME SLE
TWENTIETH CONGRESS ‘J

First Regular Session
1392

HOUSE BILL NO.

Introduced by: Hon. Iris Marie D. Montes

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

This bill seeks to correct the inequitable and unfair situation under the
existing law, which provides that the decision of the father should prevail on
matters relating to marriage and family relations.

The law, as it is, undermines the capability of mothers to make decisions on
matters affecting their children and grossly disregards what should have been a
more appropriate arrangement where both parents should decide upon matters on
rearing and guidance of their children. Such discretion should not be left solely on
the father inasmuch as it is the parents shared responsibility to ensure the best
interest of their children.

Similarly, giving preference to the husband's decision over that of the wife in
cases of disagreement on the administration and enjoyment of the conjugal or
community property is unjust, biased, and bigoted.

For this reason, this bill seeks to amend Articles 14, 96, 124, 211, and 225 of
the Family Code of the Philippines in order to guarantee women's equal rights in
marriage and family relations.

It aims to make the Family Code of the Philippines consistent with the Magna
Carta of Women, which provides that the government shall take all appropriate
measures to eliminate discrimination against women in all matters relating to
marriage and family relations.

‘Among others, it mandates that the best interest of the children and family
shall be considered in making decisions on matter involving the exercise of parental
authority and the administration of properties during the marriage.

Also, this measure sets the parity between the mother and the father with
respect to granting parental consent to the marriage of minor children, and where
the situation applies, granting authority to either the guardian or person having
legal charge over the minor child.

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

IRIS MARI INTES

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session
1332

HOUSE BILL NO.

“Introduced by: Hon. Iris Marie D. Montes

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 the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 14 of Executive Order No. 209, otherwise known as the “Family
Code of the Philippines”, is hereby amended to read as follows:

“Aart. 14, In case either or both of the contracting parties[-net-having
* $7] 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 [theirfath wing—parent;] EITHER PARENT, or
guardian, or [persens] THE PERSON WHO HAS [having] legal charge of
them, AS PROVIDED UNDER THIS CODE AND OTHER RELEVANT LAWS,
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.”

SEC. 2. Article 96 of Executive Order No. 209 is hereby amended to read as follows:

“art. 96. The administration and enjoyment of the community
property shall belong to both spouses jointly. ANY ACT OF
ADMINISTRATION BY EITHER SPOUSE WITHOUT THE CONSENT OF THE
OTHER SHALL BE UNENFORCEABLE UNTIL IT IS SUBSEQUENTLY RATIFIED
BY THE NON-CONSENTING SPOUSE. In case of disagreement, the
[Rusband's decision—shalt—prevait—subject—te] SPOUSES SHALL MAKE
EARNEST EFFORTS TO SETTLE THEIR DIFFERENCES: PROVIDED, THAT
SHOULD THE SPOUSES FAIL TO ENTER INTO A COMPROMISE, EITHER
SPOUSE SHALL HAVE recourse to the court [by-the—wife] for a proper
remedy IN A SUMMARY PROCEEDING, which must be availed of within
five years from the date [ef] the contract WAS ENTERED INTO, BY THE
PARTIES OR UPON KNOWLEDGE OF THE NON-CONSENTING SPOUSE,
WHICHEVER COMES LATER. [implementing—stich—decision} THE COURT,
IN DECIDING THE CASE, SHALL CONSIDER THE BEST INTEREST OF THE
FAMILY. DAMAGES AND EXPENSES OF LITIGATION, WHICH DID NOT
REDOUND TO THE BENEFIT OF THE FAMILY, SHALL BE BORNE BY THE
CONTRACTING SPOUSE AND SHALL NOT BE CHARGED TO THE COMMUNITY
PROPERTY.


“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 the powers of disposition or encumbrance which must have 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 shail
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] RATIFICATION by
the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.”

SEC. 3. Article 124 of Executive Order No. 209 is hereby amended to read as
follows:

“art. 124. The administration and enjoyment of the conjugal
partnership shall belong to both spouses jointly. ANY ACT OF
ADMINISTRATION BY EITHER SPOUSE WITHOUT THE CONSENT OF THE
OTHER SHALL BE UNENFORCEABLE UNTIL IT IS SUBSEQUENTLY RATIFIED
BY THE NON-CONSENTING SPOUSE. In case of disagreement, the
[husband's decision—shalt—prevaitsubject_te] SPOUSES SHALL MAKE
EARNEST EFFORTS TO SETTLE THEIR DIFFERENCES: PROVIDED, THAT
SHOULD THE SPOUSES FAIL TO ENTER INTO A COMPROMISE, EITHER
SPOUSE SHALL HAVE recourse to the court [by-the—wife] for a proper
remedy IN A SUMMARY PROCEEDING, which must be availed of within
five years from the date [ef] the contract [implementing—suet—decisien]
WAS ENTERED INTO, BY THE PARTIES OR UPON KNOWLEDGE OF THE NON-
CONSENTING SPOUSE, WHICHEVER COMES LATER. THE COURT, IN
DECIDING THE CASE, SHALL CONSIDER THE BEST INTEREST OF THE
FAMILY. DAMAGES AND EXPENSES OF LITIGATION, WHICH DID NOT
REDOUND TO THE BENEFIT OF THE FAMILY, SHALL BE BORNE BY THE
CONTRACTING SPOUSE AND SHALL NOT BE CHARGED TO THE COMMUNITY
PROPERTY.

“In the event that one spouse is incapacitated or otherwise
unable to participate in the administration of the conjugal properties, the
other spouse may assume sole powers of administration. These powers do
not include the powers of disposition or encumbrance which must have 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 [aeeeptanee] RATIFICATION by
the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.’

SEC. 4. Article 211 of Executive Order No. 209 is hereby 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’s decision shallprevail_untess- th judicial
orderte—the-contrary] PARENTS SHALL MAKE EARNEST EFFORTS TO
SETTLE THEIR DIFFERENCES, TAKING INTO CONSIDERATION THE BEST
INTEREST OF THE CHILD: PROVIDED, THAT SHOULD THEY FAIL TO
ENTER INTO A COMPROMISE, EITHER PARENT SHALL HAVE RECOURSE
TO THE COURT FOR PROPER REMEDY.

Children shall always observe respect and reverence toward their


SEC. 5.
follows:

parents and are obliged to obey them as long as the children are under
parental authority.

Article 225 of Executive Order No. 209 is hereby amended to read as

“Art. 225. The father and the mother shall jointly exercise
legal guardianship over the property of [the-unemancipated—common]
THEIR MINOR child without the necessity of a court appointment.
ANY EXERCISE OF GUARDIANSHIP BY EITHER PARENT WITHOUT THE
CONSENT OF THE OTHER SHALL BE UNENFORCEABLE, UNTIL IT IS
SUBSEQUENTLY RATIFIED BY THE NON-t CONSENTING PARENT. In case of
disagreement, [the father's decision-shall_prevail_unless-thereis-o-jud
erderte-the-centrary:] EITHER PARENT SHALL HAVE RECOURSE To il
COURT 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 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.”

SEC. 6. If any provision of this Act is found unconstitutional or invalid, the other
provisions not affected by such declaration shall remain in full force and effect.

SEC. 7. All laws, decrees, executive orders, presidential issuances and other
administrative rules and regulations or parts thereof which are inconsistent with
this Act are hereby repealed, amended or modified accordingly.

SEC. 8. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,