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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No, 0105.

Introduced by GABRIELA Women's Party Representatives
EMMI A. DE JESUS and LUZVIMINDA C, ILAGAN

EXPLANATORY NOTE

The Philippines was the first ASEAN country to ratify the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) in 1981. The
CEDAW forming part of the law of the land has advanced amendments to or
repeal of Philippine laws that reverberate patriarchal culture in relation to
employment, education, family relations, and penal sanctions, among others.

Although slow in coming, in 2009, the Magna Carta of Women was also finally
enacted into law. Under this law, the State as the duty bearer is under
obligation to respect, protect and fulfil human rights of women and to
eliminate all forms of discrimination against women, especially poor and
marginalized women. This further reinforces the State’s commitments under
the CEDAW.

As a signatory to the CEDAW and with the Magna Carta of Women in place, the
State has committed to eliminate all forms of discrimination against women in
both the public and private spheres, to promote equality between women and
men and to advance women’s human rights. The State is mandated to fulfil
these duties or commitments through law, policy, regulatory instruments,
administrative guidelines, and other appropriate measures.

As part of its aforementioned commitments under the CEDAW as echoed under
the Magna Carta of Women, the State is, thus, mandated to identify existing
discriminatory laws and policies and to take measures so that they are changed,
amended or completely repealed. In this regard, of particular application are
Articles 15 and 16 of the CEDAW.


Article 15 states that “State Parties shall accord women equality with men
before the law” while Article 16 ensures equal legal capacities for women on
civil matters including entry to contracts and property ownership, acquisition,
management, administration enjoyment and disposition.

In light of the foregoing, the portion in Articles 96 and 124 of the Family Code
which gives preference to the husband’s decision over that of the wife in case
of disagreement on the administration and enjoyment of the conjugal or
community property should be removed. Amendments are, thus, necessary in
order to preserve the heart of these articles ~ which is to give joint
administration of conjugal or community property to both the wife and the
husband. By so doing, preferential treatment of the husband’s decision over
that of the wife in case of disagreement will not only be removed, harmony
between them will also be encouraged. More significantly, conjugal or
community properties will also be preserved and safeguarded from unilateral
and reckless decisions that are often resorted to when conflict occurs between
wife and husband.

Your support of this bill is, therefore, earnestly solicited.

REP. EMMI DE/JESUS Shia

Gabriela Women’s Party Gabriela Women’éParty


Republic of the Philippines
HOUSE OF REPRESENTATIVES:
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House BillNo,_ 5105

Introduced by GABRIELA Women's Party Representatives
EMMI A. DE JESUS and LUZVIMINDA C. ILAGAN

(AN ACT AMENDING ARTICLES 96 AND 124 OF THE FAMILY CODE OF THE
PHILIPPINES

Section 1. Section 4, Article 96 of the Family Code of the Philippines is hereby
amended as follows:

Section 4. Ownership, Administrative, Enjoyment and Disposition of the
Community Property

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

However, 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. n-the-absence-of such-authority-or-consent; the

byeitheror bath offerors. her or both-offe rs, (206)

Section 2. Section 5, Article 124 of the Family Code is hereby amended as
follows:


Section 5. Administration of the Conjugal Partnership Property

Art. 124. The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. in-case-of disagreement, the husband's-decisi

However, 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
disposition or encumbrance without authority of the court or the written
consent of the other spouse. ip-the-absence-of-such-authority-or-consent,the

Section 3. Separability Clause - 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.

Section 4. Repealing Clause - Any law, decree, ordinance or administrative
order not consistent with any provision of this Act is hereby declared amended,
repealed or modified accordingly.

Section 5. Effectivity Clause - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in to (2) newspapers of general
circulation.

Approved,