Republic of the Phifppines
HOUSE OF REPRESENTATIVES
Batasan Hilts, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSEBILLNO.__1142

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

EXPLANATORY NOTE

The Philppines was the first ASEAN country to ratify the Convention on the Emination of Al Forms of Discrimination
‘Against Women (CEDAW) in 1981. The CEDAW forming part of the law of the land has advanced amendments to or
repeal of Philppine laws that reverberate patriarchal cuture in relation to empboyment, education, family relations, and
penal sanctions, among others.

Although stow in coming, in 2009, the Magna Carta of Women was also finally enacted into law. Under this law, the
State s the duty bearer is under obigation to respect, protect and fulfil human rights of women and to elminate all
forms of discrimination against women, especially poor and marginalzed women. This further reinforces the State's
commitments under the CEDAW.

As a signatory to the CEDAW and with the Magna Carta of Women in place, the State has committed to elminate all
forms of discrimination ageinst women in both the pubic and private spheres, to promote equalty between women
and men and to advance women’s human rights. The State is mandated to full these duties or commitments through
law, poicy, regulatory instruments, administrative guidelines, and other appropriate measures.

As part of the aforementioned commitments under the CEDAW as echoed under the Magna Carta of Women, the
State is, thus, mandated to identity existing discriminatory laws and poicies and to take measure so that they are
changed, amended or completely repealed. In this regard, of particular application are Articles 15 and 16 of the
CEDAW.

Articles 15 states that “State Parties shall accord women equality with men before the law’ while Artick 16 ensures
equal legal capacities for women on civil matters incliding entry to contracts and property ownership, acquisition,
management, administration enjoyment and disposition.

In ight ofthe foregoing, the portion in Articles 96 and 124 ofthe Family Code which gives preference to the husband's
decision over that of the wife in case of disagreement on the administration and enjoyment of the conjugal or
‘community property should be removed. Amendments are, thus, necessary in order to preserve the heart of these
articles — which is to give joint administration of conjugal or community property to both the wife and the husband. By
0 doing, preferential treatment of the husband's decision over that ofthe wife in case of disagreement will not only
be removed, harmony between them will aso be encouraged. More significantly, conjugal or community properties
will also be preserved and safeguarded from unilateral and reckless decisions that are often resorted to when conflict
occurs between wife and husband


The urgent passage of this billis earnestly sought.

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NES BROSAS
GAbriela Women’s Party

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FRANCE L. CASTRO SARAHAANE |. ELAGO EUFEMIA C. CULLAMAT
ACT Teachers Partylist KabétaanPartylist Bayan Muna Partylist

CARLOS ISAGANIT. ZARATE [AND R. GAITE
Bayan Muna Partylist Bayan Muna Partylist


Repubic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan His, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 1142

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women's Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),

REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)
AN ACT AMENDING ARTICLES 96 AND 124 OF THE FAMILY CODE OF THE PHILIPPINES

Section 1. Section 4, Article 96 of the Family Code of the Philippines is hereby amended as folows:

Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community Property

Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. ln-case of

However, 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 sok powers of administration. These powers do not include
disposition or encumbrance without authority of the court or the written consent of the other spouse. ln-the-absence

oF both offerors-(206a)
Section 2. Section 5, Article 124 of the Family Code is hereby amended as folows:
Section 5. Administration of the Conjugal Partnership Property

Art. 124. The administration and enjoyment of the conjugal partnership shall bebong to both spouses jointly. In-case

However, 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 sok powers of administration. These powers do not include
disposition or encumbrance without authority of the court or the writen consent of the other spouse. fr-he-absence

e \be construed



Section 3. Separabilty Clause — 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.

Section 4. Repeaing Clause ~ Any law, decree, ordinance or administrative order not consistent with any provision
of this Act is hereby declared amended, repealed or modified accordingly,

‘Section 5. Effectivity Clause - This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in to (2) newspapers of general circulation

‘Approved,