Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

866

House Bill No.

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

EXPLANATORY NOTE

Despite the Constitutional mandate that affirms the equality of men and women, gender
inequality continues to exist in our laws that effectively justify the discrimination experienced by
women in the society, in their workplace, and even at home.

To this date, women remain to be a minority on various decision making aspects in
marriage and family relations. The Family Code provides both spouses joint administration and
enjoyment of their property. However, the right of the wife becomes inferior whenever
disagreement arises between the spouses because of the explicit provisions that favors the
husband’s decision. In such cases, the wife is required to go to court to assert her right. Likewise,
the Family Code grants the husband and wife equal parental authority and shared responsibility in
raising their children. But the right of the mother is only secondary to that of the father. In case of
disagreement between the father and mother the Family Code gives preference to the father’s
decision, unless there is judicial order to the contrary, which the mother will have to get from the
court for her parental authority to be recognized.

The foregoing circumstances proved the existing inequality between the rights of the
husband/father and wife/mother under the Code.

Section 19 of The Magna Carta on Women (R.A. 9710) provides equal rights to both man
and woman in all matters relating to marriage and family relations. Further, Section 12 of the
Magna Carta, provides that the State shall take steps to review and, when necessary, amend and/or
repeal existing laws that are discriminatory to women.

In line with the State recognized efforts to guarantee the rights and fundamental freedoms
of women and in consonance with the Magna Carta on Women, it becomes imperative to amend

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the existing provisions of the Family Code to ensure that existing gender bias and inequalities be
properly addressed

The proposed measure, a re-filing of House Bill No. 3951of DIWA Partyclist filed during
the 17 Congress, seeks to amend only the specific gender biased provisions of the Family Code,
which explicitly favors the man/husband/father in the family. Specifically, the bill seeks to amend
articles, 14, 96, 124, 211 and 225 of the Family Code to ensure the fundamental equality of men
and women relative to marriage and family relations and promote gender equality in society and
at home.

Mit . AGLIPAY
Repres five Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 856

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN RELATING
TO MARRIAGE AND FAMILY RELATIONS, AMENDING FOR THE PURPOSE
ARTICLES 14, 96, 124, 211 AND 255 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 is hereby amended to read as follows:

“Article 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 ANY OF THE PARENTS {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.”

Section 2. Article 96 of Executive Order No. 209 is hereby amended to read as follows:
“Article 96. The administration and enjoyment of the community property shall
belong to both spouses jointly. In case of disagreement, {the husband's decision shall

prevail, subject to} THE SPOUSES SHALL MAKE EARNEST EFFORTS TO SETTLE
THEIR DIFFERENCES, PROVIDED THAT SHOULD THE SPOUSES FAIL TO

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ENTER INTO A COMPROMISE, EITHER SPOUSE SHALL HAVE recourse to the court
{by the wife} for proper remedy, which must be availed of within five years from the date
of the contract implementing such decision. THE COURT, IN DECIDING THE CASE,
SHALL CONSIDER THE BEST INTEREST OF THE FAMILY.

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 is hereby amended to read as follows:

“Article. 124. The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. In case of disagreement, {the husband's decision shall
prevail, subject to} THE 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 proper remedy, which must be availed of within five years from the date of the
contract implementing such decision. THE COURT IN DECIDING THE CASE, SHALL
CONSIDER THE BEST INTEREST OF THE FAMILY.

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

“Article 211. The father and the mother shall jointly exercise parental authority over
the persons of their common children. In case of disagreement, THE PARENTS SHALL
MAKE EARNEST EFFORTS TO SETTLE THEIR 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 {the-father's decision

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.”

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

“Article 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. In case of disagreement, In case of disagreement, THE PARENTS SHALL
MAKE EARNEST EFFORTS TO SETTLE THEIR DIFFERENCES, TAKING INTO
CONSIDERATION THE BEST INTEREST OF THE CHILD, PROVIDED THAT
SHOULD THEY FAIL TO ENTER INTO A COMPROMISE EITHER PARENT SHAL
HAVE RECOURSE TO THE COURT FOR PROPER REMEDY {the-father's decision
shall-p os-there-+ to ary}

Where the market value of the property or the annual income of the child exceeds
50,000, the parent concerned shall be required to furnish a bond in suéh 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 shalll 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 declared invalid, the

remainder or any of this provision hereof not affected thereby shall remain in force and effect.

Section 7. Repealing Clause - 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.

Section 8. Effectivity — This Act shall take effect fifteen (1 5) days after its publication in

at least two (2) national newspapers of general circulation.

Approved,

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