FIFTEENTH CONGRESS. )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1671

EXPLANATORY NOTE

This bill seeks to implement amendments to Executive Order No.209,
otherwise known as the Family Code of the Philippines.

The first amendment to the Family Code that this bill seeks to implement
is on Article 73, When the Family Code of the Philippines was enacted, there was
an omission in Article 73. This omission totally varied the provision, its application
and effects. As it now stands, Article 73 departs from the intent of the framers of
the Family Code.

This bill seeks to restore in Article 73, the original language proposed and
approved by the Code Commission as found in the 8 November 1986 Committee
Meeting Minutes. It also seeks to restore a thoroughly studied provision which
best serves the needs of our countrymen.

The second amendment this bill seeks to implement is on Article 111. Said
Article provides that, a “spouse of age” has the right to dispose exclusive
properties without the consent of the other spouse. This provision is superfluous.
Article 234 as amended by R A. No. 6908 lowered the age of majority to eighteen
(18) years, which is the age of emancipation and the age when a person may
legally enter into a contract of marriage. The Family Code, Article 236 provides
that “emancipation shall terminate parental authority over the person and
property of the child who shall then be qualified and responsible for all acts of
civil life, save the exceptions established by existing laws in special cases’.


This bill replaces the term “spouse of age” with the more accurate term
“either spouse,” since a spouse must necessarily be of age.
In view of the foregoing, immediate approval of this proposed measure is

earnestly solicited

“fir
RUFUS B. RODAIBUEZ

We

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1671
AN ACT
AMENDING ARTICLE 73 AND 111 OF EXECUTIVE ORDER NO.
209,OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 73 of The Family Code, as amended, is hereby further
amended to read as follows:

“art. 73. Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the other. The latter
may object only on valid, serious, and moral grounds.

In case of disagreement, the court shall decide whether or not:

(1) The objection is proper; and

(2) Benefit has occurred to the family prior to the objection or
thereafter. If the benefit accrued prior to the objection, the resulting
obligation shall be enforced against the COMMUNITY PROPERTY.
IF BENEFIT ACCRUED THEREAFTER, SUCH OBLIGATION
SHALL BE ENFORCED AGAINST THE separate property of the
spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors
who acted in good faith. (117A)”

Section 2. Article 111 of The Family Code, as amended, is hereby further
amended to read as follows:

“Art 111. [A spouse of age] EITHER SPOUSE may
mortgage, encumber alienate or otherwise dispose of his
or her exclusive property [,without the consent of the


other spouse and appear alone in court to litigate with
regard to the same.]

Section 3. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting

Section 4. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to, or inconsistent with, the provisions of this Act is hereby repealed,
modified, or amended accordingly.

Section 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation

Approved.