Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

2014

HOUSE BILL NO.

Introduced by MA. RENE ANN LOURDES G. MATIBAG

AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN UNDER THE
LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING FOR THE PURPOSE
ARTICLES 14, 96, 124, 211 AND 225 OF EXECUTIVE ORDER NO. 209, OTHERWISE
KNOWN AS THE “FAMILY CODE OF THE PHILIPPINES”

EXPLANATORY NOTE

The 1987 Constitution of the Republic of the Philippines expressly recognizes the fundamental
equality of women and men before the law. However, despite this constitutional mandate, certain
provisions of Executive Order No. 209, otherwise known as the "Family Code of the Philippines,"
continue to reflect outdated norms that favor one gender over the other in matters of marriage,
property relations, parental authority, and guardianship.

This bill seeks to amend Articles 14, 96, 124, 211, and 225 of the Family Code to fully realize the
constitutional guarantee of equality between spouses and parents. The proposed amendments ensure
that both husband and wife, as well as mother and father, are given equal rights and responsibilities
in giving consent to marriage, administering community or conjugal property, exercising parental
authority, and serving as legal guardians of their minor children.

Specifically, the bill removes language that previously gave primacy to the decision of the husband
or father in cases of disagreement, and instead mandates earnest efforts to settle differences jointly,
always with the best interest of the family or child in mind. It also clarifies procedures for court
intervention and the allocation of liabilities in cases where one spouse or parent acts without the
consent of the other.


auEene

By enacting these amendments, the State affirms its commitment to gender equality, strengthens the
partnership of spouses and parents, and promotes the welfare of Filipino families in accordance
with modem principles of justice and fairness.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

MA. RENE At JURDES G. MATIBAG


Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. 2014

Introduced by MA. RENE ANN LOURDES G. MATIBAG

ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN UNDER THE
LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING FOR THE PURPOSE
ARTICLES 14, 96, 124, 211 AND 225 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 14 of Executive Order No. 209, otherwise known as the “Family Code of

the Philippines”, is hereby amended to read 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,-
mother, surviving-parent,] EITHER PARENT, or guardian, or [persons] THE
PERSON WHO HAS [having] legal charge of them, AS PROVIDED UNDER

THIS CODE AND OTHER RELEVANT LAWS, in the order mentioned. Such

3


20

21

22

23

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.”

SEC. 2. Article 96 of Executive Order No. 209 is hereby amended to read as follows:

“Art. 96. The administration and enjoyment of the community property
shall belong to both spouses jointly. ANY ACT OF ADMINISTRATION BY
EITHER SPOUSE WITHOUT THE CONSENT OF THE OTHER SHALL
BE UNENFORCEABLE UNTIL IT IS SUBSEQUENTLY RATIFIED BY
THE NON-CONSENTING SPOUSE. In case of disagreement, the [husband’s-
decision—shali_prevailsubjectte] SPOUSES SHALL MAKE EARNEST
EFFORTS TO SETTLE THEIR DIFFERENCES: PROVIDED, THAT
SHOULD THE SPOUSES FAIL TO ENTER INTO A COMPROMISE,
EITHER SPOUSE SHALL HAVE recourse to the court [by-the-wife] for a
proper remedy IN A SUMMARY PROCEEDING, which must be availed of
within five years from the date [ef] the contract WAS ENTERED INTO, BY
THE PARTIES OR UPON KNOWLEDGE OF THE NON-CONSENTING
SPOUSE, WHICHEVER COMES LATER. [implementing-such—decision-]
THE COURT, IN DECIDING THE CASE, SHALL CONSIDER THE BEST
INTEREST OF THE FAMILY. DAMAGES AND EXPENSES OF

LITIGATION, WHICH DID NOT REDOUND TO THE BENEFIT OF THE


20

21

2

23

FAMILY, SHALL BE BORNE BY THE CONTRACTING SPOUSE

SHALL NOT BE CHARGED TO THE COMMUNITY PROPERTY.

“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 the powers of
disposition or encumbrance which must have the 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 [aceeptance]
RATIFICATION by the other spouse or authorization by the court before the

offer is withdrawn by either or both offerors.”

3C. 3. Article 124 of Executive Order No. 209 is hereby amended to read as follows:

“Art. 124, The administration and enjoyment of the conjugal partnership
shall belong to both spouses jointly. ANY ACT OF ADMINISTRATION BY
EITHER SPOUSE WITHOUT THE CONSENT OF THE OTHER SHALL
BE UNENFORCEABLE UNTIL IT IS SUBSEQUENTLY RATIFIED BY
THE NON-CONSENTING SPOUSE. In case of disagreement, the [husband*s-
decision—shall_prevail—subject-te] SPOUSES SHALL MAKE EARNEST
EFFORTS TO SETTLE THEIR DIFFERENCES: PROVIDED, THAT
SHOULD THE SPOUSES FAIL TO ENTER INTO A COMPROMISE,
EITHER SPOUSE SHALL HAVE recourse to the court [by-the-wefe] for a

proper remedy IN A SUMMARY PROCEEDING, which must be availed of


19

20

2

2

23

within five years from the date [ef] the contract [implementing-such-decision]
WAS ENTERED INTO, BY THE PARTIES OR UPON KNOWLEDGE OF
THE NON-CONSENTING SPOUSE, WHICHEVER COMES LATER. THE
COURT, IN DECIDING THE CASE, SHALL CONSIDER THE BEST
INTEREST OF THE FAMILY. DAMAGES AND EXPENSES OF
LITIGATION, WHICH DID NOT REDOUND TO THE BENEFIT OF THE
FAMILY, SHALL BE BORNE BY THE CONTRACTING SPOUSE AND
SHALL NOT BE CHARGED TO THE COMMUNITY PROPERTY.

“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 sole powers of administration. These powers do not include the powers of
disposition or encumbrance which must have the 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]
RATIFICATION by the other spouse or authorization by the court before the

offer is withdrawn by either or both offerors.

SEC. 4. Article 211 of Executive Order No. 209 is hereby amended to read as follows:

“Art, 211, The father and the mother shall jointly exercise parental authority
over the persons of their common children. In case of disagreement, the [father“s-

ry] PARENTS

SHALL MAKE EARNEST EFFORTS TO SETTLE THEIR


20

2

2

DIFFERENCES, TAKING INTO CONSIDERATION THE BEST
INTEREST OF THE CHILD: PROVIDED, THAT SHOULD THEY FAIL
TO ENTER INTO A COMPROMISE, EITHER PARENT SHALL HAVE
RECOURSE TO THE COURT FOR PROPER REMEDY.

Children shall always observe respect and reverence toward their parents and

are obliged to obey them as long as the children are under parental authority.

SEC. 5. Article 225 of Executive Order No. 209 is hereby amended to read as follows:

“Art. 225. The father and the mother shall jointly exercise legal
guardianship over the property of [the snemancipated commen] THEIR MINOR
child without the necessity of a court appointment. ANY EXERCISE OF

GUARDIANSHIP BY EITHER PARENT WITHOUT THE CONS

NT OF
THE OTHER SHALL BE UNENFORCEABLE, UNTIL IT IS
SUBSEQUENTLY RATIFIED BY THE NON-CONSENTING PARENT. In
case of disagreement, [the father’s decision shall prevail, unless there is-a judicial.
order-to-the-contrary-] EITHER PARENT SHALL HAVE RECOURSE TO
THE COURT WITHIN FIVE (5) YEARS FROM THE DATE THE
CONTRACT WAS ENTERED BY THE PARTIES THERETO, OR UPON
KNOWLEDGE OF THE NON-CONSENTING PARENT, WHICHEVER
COMES LATER. THE COURT, IN DECIDING THE CASE, SHALL
TAKE INTO CONSIDERATION THE BEST INTEREST OF THE CHILD.
DAMAGES AND EXPENSES OF LITIGATION, WHICH DID NOT

REDOUND TO THE BENEFIT OF THE MINOR CHILD, SHALL BE


20

2

BORNE BY THE CONTRACTING PARENT AND SHALL NOT BE
CHARGED TO THE PROPERTY OF THE MINOR CHILD.

“Where the market value of the property or the annual income of the
MINOR 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 MINOR child resides, or, if the MINOR child resides
ina 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 MINOR 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.”

SEC. 6.

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.

SEC. 7. All laws, decrees, executive orders, presidential issuances and other administrative

rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed,

amended or modified accordingly.


1 SEC. 8. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
2 in a newspaper of general circulation.

3 Approved,