Republic of the Philippines /
HOUSE OF REPRESENTATI
Quezon City, Metro ManilaS

SIXTEENTH CONGRESS\\ |)!" ~
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First Regular Session

HOUSE BILL NO. _ 85

Introduced by REPRESENTATIVE MA. LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

The Constitution guarantees the principle of equality between women
and men (‘Article II, Section 14: The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality before the law of
women and men’).

But ironically, some of our current laws continue operating under the
outmoded presumption of the superiority of men’s decisions over those of
women’s. On matters pertaining to the management and administration of
family affairs, Executive Order No. 209, series of 1987, as amended, or the
Family Code, the decision of the male spouse continues to prevail. This is
true in matters of giving consent to the marriage of parties between the ages
eighteen and twenty-one (Article 14), the administration and enjoyment of
the community property (Article 96), the administration and enjoyment of
the conjugal partnership (Article 124), the exercise of parental authority over
the persons of common children (Article 211), and the exercise of legal
guardianship over the property of the unemancipated common child (Article
225).

This measure, a consolidation of House Bills No. 3720, 3722, 3723,
3724, and 3725 filed in the 15th Congress by Rep. Linabelle Ruth R.
Villarica (4th District, Bulacan), proposes to correct this glaring inequality
by amending the abovementioned provisions of the Family Code.

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

bad vad A€OSTA-ALBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 85

Introduced by REPRESENTATIVE MA. LOURDES ACOSTA-ALBA

AN ACT
STRENGTHENING THE EQUAL PARTNERSHIP OF BOTH WIFE AND
HUSBAND IN FAMILY AFFAIRS, FURTHER AMENDING FOR THIS
PURPOSE ARTICLES 14, 96, 124, 211, AND 225 OF EXECUTIVE ORDER
NO. 209, SERIES OF 1987, AS AMENDED, 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 14 of Executive order No. 209, series of 1987, as
amended, is further amended as follows:

"Art. 14. In case either or both of the contracting parties, not
having been emancipated by a previous marriage, 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 or
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."

SECTION 2. Article 96 of Executive order No. 209, series of 1987, as
amended, is further amended as follows:

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

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 disposition or
encumbrance without 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 acceptance by the
other spouse or authorization by the court before the offer is
withdrawn by either or both offerors."

SECTION 3. Article 124 of Executive order No. 209, series of 1987, as
amended, is further amended as follows:

"Art. 124, The administration and enjoyment of conjugal
partnership shall belong to both spouses jointly.

In the event that one spouse is incapacitated or otherwise
unable to participate in the administration of conjugal
properties, the other spouse may assume sole powers of
administration. These powers do not include the disposition or
encumberance without authority of the court or the written
consent of the other spouse. In the absence of such authority or
consent, the disposition or encumberance shall be void. The
transaction, however, 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 by
the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors."

SECTION 4. Article 211 of Executive order No. 209, series of 1987, as
amended, is further amended as follows:

"Art. 211. The father and the mother shall jointly exercise
parental authority over the persons of their common children.

Children shall always observe respect and reverence towards
their parents and are obliged to obey them as long as the
children are under parental authority."

SECTION 5. Article 225 of Executive order No. 209, series of 1987, as
amended, is further amended as follows:

"Art. 225. The father and the mother shall jointly exercise legal
guardianship over the property of the unemancipated common
child without the necessity of a court appointment.

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


declared unconstitutional,

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 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 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.”

SECTION 6. Separability Clause. If any provision of this Act is

effectivity of the other provisions not affected thereby.

the same shall not affect the validity and

SECTION 7. Repealing Clause. All laws, decrees, rules and

regulations, and other issuances inconsistent with the provisions of this Act

are hereby repealed or modified accordingly.

SECTION 8. Effectivity. This Act shall take effect fifteen (15) days

after its complete publication in either the Official Gazette, or in two (2)

newspapers of general circulation.

Approved,