EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 
6 8
V 
of t!j.' f e r o  flni jj
'19 
JUL-1 
P I -44
Introduced by Senator PIA S. CAYETANO
RECci'/f
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN UNDER 
THE LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING FOR THE 
PURPOSE EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE 
FAMILY CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Our country is recognized as one of the most gender equal nations in the 
world. The Philippines is the best performer in the Asia-Pacific region when it comes 
to equality between genders.
However, despite the landmark legislation we have passed and been 
recognized for, there remain vestiges of gender insensitivity and discrimination 
against women in our laws.
One such law is Executive Order No. 209, otherwise known as the Family 
Code of the Philippines. The Family Code, as amended, contains several provisions 
that hold the decision of the husband or father, supreme over that of the wife or 
mother.
Executive Order No. 209 was a Presidential Proclamation made in 1987, 
almost thirty years ago. And although it introduced many subsequent changes, 
gender-biased provisions which are remnants of the Civil Code passed in 1950, still 
remain. To wit:


Article 14, which deals with the requirement of parental consent for marriage 
of a child aged between eighteen (18) and twenty-one (21) years old, accords 
primacy to the consent of the father over that of the mother.
Articles 96 and 124, which deal with the administration of community 
property and conjugal partnership, respectively, state that although administration 
and enjoyment belong to both spouses jointly, the husband's decision shall prevail in 
case of disagreement The wife's only recourse is to bring such matter before the 
courts.
Article 211 states that the father and mother shall jointly exercise parental 
authority over their common children, but the father's decision shall prevail in case 
of disagreement. The rearing of children is a joint and collaborative effort between 
the father and mother. There is no rational explanation for according more weight to 
the decision of the father in the exercise of parental authority.
Finally, Article 225, which states that the father and mother shall jointly 
exercise legal guardianship over the property of their unemancipated common child, 
once again holds the father's decision supreme in case of disagreement.
Given these apparent inequalities, this bill seeks to amend the preceding 
provisions to give equal weight to the decision of the husband or father, and the 
wife or mother. This way, we eliminate the undue prejudice against women, and the 
law can now accord the same weight to the decision of either spouse or parent, in 
important matters concerning their marriage and family.
Hence, the swift passage of this bill is earnestly sought.


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
S. No.
• 7-1 •
1 
, i ' '  
'~ : i  
U
v l 1 '
of tl»t & a r t t . - . r j’
•19 JUL-1 PI ■•44
Introduced by Senator PIA S. CAYETANO rec^
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN 
UNDER THE LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING 
FOR THE PURPOSE EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN 
AS THE FAMILY CODE OF THE PHILIPPINES, AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and the House o f Representatives o f the Philippines 
in Congress assembled:
1 
Section 1. Article 14 of Executive Order No. 209, as amended, otherwise
2 
known as the Family Code of the Philippines, is hereby amended to read as
3 
follows:
4 
"Art. 14. In case either or both of the contracting parties[, not
5 
having been emancipated by a previous marriage,] are between the
6 
ages of eighteen and twenty-one, they shall, in addition to the
7 
requirements of the preceding articles, exhibit to the local civil
8 
registrar, the consent to their marriage of [their father, mother,
9 
surviving parent] EITHER PARENT, [or] THE guardian, or persons
10 
having legal charge of them AS PROVIDED UNDER THIS CODE
11 
AND OTHER RELEVANT LAWS, in the order mentioned. Such
12 
consent shall be manifested in writing by the interested party, who
13 
personally appears before the proper local civil registrar, or in the
14 
form of an affidavit made in the presence of two witnesses and
15 
attested before any official authorized by law to administer oaths.
16 
The personal manifestation shall be recorded in both applications for


1 
marriage license, and the affidavit, if one is executed instead, shall
2 
be attached to said applications."
3 
Sec. 2. 
Article 96 of Executive Order No. 209, as amended, otherwise
4 
known as the Family Code of the Philippines, is hereby amended to read as
5 
follows:
6 
"Art. 96. The administration and enjoyment of the community
7 
property shall belong to both 
spouses jointly. 
In case of
8 
disagreement, the SPOUSES SHALL EXERT EARNEST EFFORTS
9 
TO ENTER INTO A COMPROMISE AND ONLY UPON FAILING
10 
SUCH SHALL THE COURT DECIDE THE CASE, UPON A
11 
PROPER PETITION, IN  A SUMMARY PROCEEDING [the
12 
husband's decision shall prevail, subject to recourse to the court by
13 
the wife for proper remedy, which must be availed of within five
14 
years from the date of the contract implementing such decision].
15 
In the event that one spouse is incapacitated or otherwise
16 
unable to participate in the administration of the common
17 
properties, 
the other spouse 
may assume sole powers of
18 
administration. These powers do not include disposition or
19 
encumbrance without authority of the court or the written consent
20 
of the other spouse. In the absence of such authority or consent,
21 
the disposition or encumbrance shall be void. However, the
22 
transaction shall be construed as a continuing offer on the part of
23 
the consenting spouse and the third person, and may be perfected
24 
as a binding contract upon the acceptance by the other spouse or
25 
authorization by the court before the offer is withdrawn by either or
26 
both offerors."
27 
Sec. 3. 
Article 124 of Executive Order No. 209, as amended, otherwise
28 
known as the Family Code of the Philippines, is hereby amended to read as
29 
follows:


1 
"Art. 124. The administration and enjoyment of the conjugal
2 
partnership shall belong to both spouses jointly. In case of
3 
disagreement, the SPOUSES SHALL EXERT EARNEST EFFORTS
4 
TO ENTER INTO A COMPROMISE AND ONLY UPON FAILING
5 
SUCH SHALL THE COURT DECIDE THE CASE, UPON A
6 
PROPER PETITION, IN  A SUMMARY PROCEEDING [husband s
7 
decision shall prevail, subject to recourse to the court by the wife
8 
for proper remedy, which must be availed of within five years from
9 
the date of the contract implementing such decision].
10 
In the event that one spouse is incapacitated or otherwise
11 
unable to participate in the administration of the conjugal
12 
properties, 
the other spouse 
may assume sole 
powers of
13 
administration. These 
powers do 
not include disposition 
or
14 
encumbrance without authority of the court or the written consent
15 
of the other spouse. In the absence of such authority or consent,
16 
the disposition or encumbrance shall be void. However, the
17 
transaction shall be construed as a continuing offer on the part of
18 
the consenting spouse and the third person, and may be perfected
19 
as a binding contract upon the acceptance by the other spouse or
20 
authorization by the court before the offer is withdrawn by either or
21 
both offerors."
22 
Sec. 4. Article 211 of Executive Order No. 209, as amended, otherwise
23 
known as the Family Code of the Philippines, is hereby amended to read as
24 
follows:
25 
"Art. 211. The father and the mother shall jointly exercise parental
26 
authority over the persons of their common children. In case of
27 
disagreement, the FATHER AND 
MOTHER SHALL EXERT
28 
EARNEST EFFORTS TO ENTER INTO A COMPROMISE AND
29 
ONLY UPON FAILING SUCH SHALL THE COURT DECIDE THE
30 
CASE, 
UPON 
A 
PROPER 
PETITION, 
TAKING 
INTO


1 
CONSIDERATION THE BEST INTERESTS OF THE COMMON
2 
CHILDREN [father's decision shall prevail, unless there is a judicial
3 
order to the contrary].
4 
Children shall always observe respect and reverence towards
5 
their parents and are obliged to obey them as long as the children
6 
are under parental authority."
7 
Sec. 5. Article 225 of Executive Order No. 209, as amended, otherwise
8 
known as the Family Code of the Philippines, is hereby amended to read as
9 
follows:
10 
"Art. 225. The father and the mother shall jointly exercise legal
11 
guardianship over the property of the unemancipated common child
12 
without the necessity of a court appointment. In case of
13 
disagreement, the FATHER AND THE MOTHER SHALL EXERT
14 
EARNEST EFFORTS TO ENTER INTO A COMPROMISE AND
15 
ONLY 
UPON 
FAILING 
SUCH 
SHALL 
THE 
COURT
16 
DECIDE,UPON 
A 
PROPER 
PETITION, 
TAKING 
INTO
17 
CONSIDERATION THE BEST INTEREST OF THE COMMON
18 
CHILD [father's decision shall prevail, unless there is a judicial
19 
order to the contrary].
20 
Where the market value of the property or the annual income of the
21 
child exceeds P50,000, the parent concerned shall be required to
22 
furnish a bond in such amount as the court may determine, but not
23 
less than ten per centum (10%) of the value of the property or
24 
annual income, to guarantee the performance of the obligations
25 
prescribed for general guardians.
26 
A verified petition for approval of the bond shall be filed in
27 
the proper court of the place where the child resides, or, if the child
28 
resides in a foreign country, in the proper court of the place where
29 
the property or any part thereof is situated.


1 
The petition shall be docketed as a summary special
2 
proceeding in which all incidents and issues regarding the
3 
performance of the obligations referred to in the second paragraph
4 
of this Article shall be heard and resolved.
5 
The ordinary rules on guardianship shall be merely suppletory
6 
except when the child is under substitute parental authority, or the
7 
guardian is a stranger, or a parent has remarried, in which case the
8 
ordinary rules on guardianship shall apply."
9 
Sec. 6. Separability Clause. -  If any portion or provision of this Act is
10 
declared void and unconstitutional, the remaining portion or provisions hereof
11 
shall not be affected by such declaration.
12 
Sec. 7. Repeating Clause. -  All laws, decrees, orders, rules and regulations,
13 
other issuances or parts thereof inconsistent with the provisions of this Act are
14 
hereby repealed or modified accordingly.
15 
Sec. 
8. Effectivity Clause. -  This Act shall take effect fifteen (15) days
16 
after its complete publication in at least two (2) national newspapers of general
17 
circulation.
Approved,