SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG -8 P 2 :58 
SENATE 
___________ 
S_.B_. N_O_. _1_2_G_O ____ 
RHLL'L',.,~" '~' :jJnuln';~y:+·1 
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
The 1987 Philippine Constitution affirmed the role of women in nation-building and 
endeavors to ensure the fundamental equality before the law of men and women. Thus. 
reforms to the patently discriminatory provisions of the Civil Code of the Philippines were 
removed with the introduction of the Family Code of the Philippines. Under the Civil Code 
of the Philippines the authority of the husband over family relations was persistent. 
For 
instance, the husband was designated as the administrator of the conjugal propeliies and had 
the right to object to the exercise by the wife of her profession if his income is sufficient to 
support the family. The Family Code of the Philippines eliminated these inequalities. among 
many other provisions which are bias against women. 
Despite major reforms to our law on marriage and family relations, there are still a number of 
provisions in our Family Code of the Philippines which prejudice against women. 
The 
Family Code of the Philippines still recognizes the supremacy of the husband's decisions in 
case of disagreement with the wife involving property administration and exercise of parental 
authority over the common children. 
These provisions have no place in our law and serve no purpose other than to perpetuate 
discrimination. Consistent with the declaration in Republic Act No. 9710, or the Magna 
Carta of Women, provisions of law which engender inequality should be abolished. 
There have been, in the past, series of proposals to amend these anti-women provisions in the 
Family Code of the Philippines. Regrettably to date, none have been enacted into law. It is 
therefore strongly urged that the passing of this bill be granted utmost importance. 
li1 view of the foregoing, the passage of this bill is earnestly recommended. 
~'~ 
MARIA LOUZ.S NANCY S. BINAY 
Senator 
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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
-Srmlip 
IliIff,:,.f f~.~m.brv 
'13 
AUG -8 P 2 :58 
S.B. No.12.B 0 
__________________________________________ ER£f~('~fl:~··l· 'U!)~HY:_f 
Introduced by Senator Maria Lonrdes Nancy S. Binay 
, . 
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AN ACT ENSURING THE FUNDAMENTAL EQUALITY OF MEN'AND WOMEN 
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UNDER THE LAWS ON MARR[AGE AND fAM[LY RELAT[ONS, AMEND[NG FOR 
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TH[S PURPOSE EXECUT[VE ORDER NO. 209, OTHERWISE KNOWN AS THE 
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FAM[LY CODE OF THE PH[LlPPINES, AND FOR OTHER PURPOSES 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION 1. Artic[e 96 of Executive Order No. 209, otherwise known as the family Code of 
10' 
the Philippines; as amended, is hereby further amended to read as follows: 
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"Art 96. The administration and enjoyment of the community property shall 
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belong to both spouses jointly. [n case of disagreement, the SPOUSES SHALL 
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EXERT EARNEST EFFORTS TO ENTER INTO A COMPROMISE, 
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FAILING SUCH, THE COURT SHALL DECIDE, UPON A PROPER 
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PETITION IN A SUMMARY PROCEEDING [husband's decision shall 
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prevail, subject to recourse to the court by the wife for proper remedy, which 
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must be availed of within five years from the date of the contract implementing 
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such decision J. 
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In the event that one spouse is incapacitated or otherwise unable to palticipate in 
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the administration of the common propelties, the other spouse may assume so[e 
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powers or administration. These powers do not include disposition or 
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encumbrance without authority of the court or the written consent of the other 
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spouse. In the absence of such authority or consent, the disposition or 
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encumbrance shall be void. However, the transaction shall be construed as a 
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continuing offer on the part of the consenting spouse and the third person, and 
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may be perfected as a binding contract upon the acceptance by the other spouse 
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or authorization by the court before the offer is withdrawn by either or both 
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offerors." 
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SECTION 2. Article 124 of Executive Order No. 209, otherwise known as the Family Code 
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orthe Philippines, as amended, is hereby further amended to read as follows: 
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35 
"Art. 124. The administration and enjoyment of the conjugal partnership shall 
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belong to both spouses jointly. In case of disagreement, the SPOUSES SHALL 
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EXERT EARNEST EFFORTS TO ENTER INTO A COMPROMISE, 
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FAILING SUCH, THE COURT SHALL DECIDE, UPON A PROPER 
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I'ETITION IN A SUMMARY PROCEEDING [husband's decision shall 
( . 


1 
prevail, subject to recourse to the COUlt by the wife for proper remedy, which 
2 
must be availed of within five years from the date of the contract implementinu 
3 
such decision]. 
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In the event that one spouse is incapacitated or otherwise unable to participate in 
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the administration of the conjugal properties, the other spouse may assume sole 
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powers of administration. These powers do not include disposition or 
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encumbrance without authority of the court or the written consent of the other 
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spouse. In the absence of such authority or consent, thc disposition or 
10 
encumbrance shall be void. However, the transaction shall be construed as a 
11 
continuing otTer on the part of the consenting spouse and the third person, and 
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may be perfected as a binding contract upon the acceptance by the other spouse 
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or authorization by the court before the offer is withdrawn by either or both 
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offerors." 
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SECTION 3. Article 211 of Executive Order No. 209, otherwise known as the Family Code 
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of the Philippines, as amended, is hereby further amended to read as follows: 
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"Alt. 211. The father and the mother shall jointly exercise parental authority over 
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the persons of their common children. In case of disagreement, the FATHER 
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AND THE MOTHER SHALL EXERT EFFORTS TO ENTER INTO A 
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COMPROMISE, FAILING SUCH, THE COURT SHALL DECIDE, 
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TAKING INTO CONSIDERATION THE BEST INTEREST OF SUCH 
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COMMON CHILD [father's decision shall prevail, unless there is a judicial 
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order to the contrary]. 
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Children shall always observe respect and reverence towards their parents and are 
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obliged to obey them as long as the children are under parental authority." 
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SECTION 4. Article 225 of Executive Order No. 209, otherwise known as the Family Code 
31 
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 exercise legal guardianship over 
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the property of the unemancipated common child without the necessity of a couli 
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appointment. In case of disagreement, the FATHER AND THE MOTHER 
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SHALL EXERT EFFORTS TO ENTER INTO A COMPROMISE, 
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FAILING SUCH, THE COURT SHALL DECIDE, TAKING INTO 
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CONSIDERATION THE BEST INTEREST OF SUCH COMMON CHILD 
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[father'S decision shall prevail, unless there is ajudicial order to the contrary]. 
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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 forei~n ?ountry, in 
the propel' court of the place where the property or any part thereof IS Situated. 


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The petition shall be docketed as a summary special proceeding in which all 
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incidents and issues regarding the performance of the obligations referred to in 
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the second paragraph of this Article shall be heard and resolved. 
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The ordinary rules on guardianship shall be merely suppletory except when the 
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child is under substitute parental authority, or the guardian is a stranger, or a 
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parent has remarried, in which case the ordinary rules on guardianship shall 
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apply." 
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SECTION 5. Separability Clause. Ifany portion or provision of this Act is declared void and 
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unconstitutional, the remaining portions or provisions hereof shall not be affected by such 
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declaration. 
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SECTION 6. Repealing Clause. All laws, decrees, orders, rules and regulations, other 
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issuances, or parts thereof inconsistent with the provisions oflhis Act are hereby repealed or 
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modified accordingly. 
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SECTION 7. Effectivity Clause. This Act shall take effect fifteen (15) days aner its 
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publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
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Approved, 
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