REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._5511

Introduced by Pangasinan Fifth District Representative
HON. RAMON V. GUICO III

EXPLANATORY NOTE

Section 27, Article II of the 1987 Constitution provides that the State recognizes sanctity of
family life and shall protect and strengthen the family as a basic autonomous social institution. As
such the enactment of Executive Order No. 209, otherwise known as the Family Code of the
Philippines, as amended by Executive Order No. 227 effectuates the country’s policy and
commitment to uphold the inviolability of marriage.

Marriage, being a social institution and a special contract, requires utmost protection from
the State. Therefore, the State should see to it that the formal and essential requisites of marriage are
complied with. Article 14 of Family Code provides that in case either or both of the contracting
parties are between the age of eighteen and below the age of twenty one, consent from their father,
mother, surviving parent or guardian, or persons having legal charge of them, must be required in
addition to the requirements provided for in other articles. However, unlike Article 15 of the Family
Code, it is silent in cases where the contracting parties failed to obtain such consent either because
of their failure or the refusal of their father, mother, surviving parent or guardian, or persons having
legal charge of them to give their consent.

Itis perceived that there are marriages entered into by individuals that are against the wishes
of their parents or guardian, leading to the alienation of either or both of the contracting parties from
their family or to the celebration of the marriage without the former’s knowledge. Clearly, the
break-up of the family, which is protected by the state, is not the intention of the framers of the
Family Code. Hence, in order to avoid such marriages this bill shall amend Article 14 of the Family
Code by suspending the issuance of the marriage license in the absence of the consent of the parents
or guardians of the contracting parties. To that effect, the local civil registrar is given the authority
to withhold the issuance of marriage license in so far as it regards to Article 14.

Indeed, the State can find no stronger anchor than on good, solid, and happy families. The
break-up of families weakens our social and moral fabric and, hence, approval of this pill is
eamestly sought.

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Rep. Ranfon V. Gijico III


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 9544

Introduced by Pangasinan Fifth District Representative
HON. RAMON V. GUICO IIT

AN ACT
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE
FAMILY CODE OF THE PHILIPPINES, AS AMENDED BY EXECUTIVE ORDER
NO. 227

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

SECTION 1. Executive Order No. 209, otherwise known as the Family Code of the
Philippines, as amended by Executive Order No. 227, Article 14 is hereby amended to be
read as follows:

Article 14. In case either or both of the contracting parties, 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
their father, mother, surviving parent or guardian, or persons having legal charge of
‘them, in 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.

IF THEY DO NOT OBTAIN THE CONSENT REQUIRED IN THIS
ARTICLE, THE ISSUANCE OF MARRIAGE LICENSE SHALL BE
SUSPENDED. IN CASE OF REFUSAL OF THEIR FATHER, MOTHER,
SURVIVING PARENT OR GUARDIAN, OR PERSONS HAVING LEGAL
CHARGE OF THEM, BOTH OF THE CONTRACTING PARTIES SHALL
STATE UNDER OATH THE CIRCUMSTANCES WHICH SHOW SUCH
REFUSAL. THE LOCAL CIVIL REGISTRAR SHALL LIKEWISE STATE
UNDER OATH THAT HE ASCERTAINED INABILITY OF THE
CONTRACTING PARTIES TO OBTAIN THE CONSENT AS A RESULT OF
‘THE REFUSAL OF THEIR FATHER, MOTHER, SURVIVING PARENT OR
GUARDIAN, OR PERSONS HAVING LEGAL CHARGE OF THEM. HE
SHALL NOTE DOWN SUCH PARTICULAR IN THE APPLICATION FOR
MARRIAGE LICENSE AND SHALL ISSUE SAID LICENSE AFTER THE
COMPLETION OF THE PERIOD OF THE PUBLICATION.


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SEC. 2. Separability Clause. — Any provision of this Act declared as
‘unconstitutional or invalid, the other parts or provisions hereof which are not affected shall
continue to be in full force and effect.

SEC. 3. Repealing Clause. — All laws, decrees, orders, rules and regulations or
portions thereof, inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 4. Effectivity. - This Act shall take effect immediately upon its approval.

Approved,