OF REPRESENTATIVES
RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVE!

Quezon City
SEVENTEENTH CONGRESS
First Regular Session RESSTRATION UNIT.
; 374 BULLS AN INDEX SERVICE
House Bill No.

Introduced by GABRIELA WOMEN’S PARTY REPRESENTATIVES
ARLENE D. BROSAS and EMMI A. DE JESUS

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policies and to take measures so that they are changed, amended or completely repealed.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.
Aim /
REP. EMMI A. JESUS

Gabriela Women's Party

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 374

Introduced by REPRESENTATIVES
ARLENE D. BROSAS and EMMI A. DE JESUS

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 shall belong to
both spouses jointly. In-case-of-disagreementthe-husband' nall- prevail,

‘ef within-five-years-from-the-date of the contract implementing-such-decision-

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 writen consent of the other

court before the offer ie withdrawn by either oF both offerors. (206a)
Section 2. Section 5, Article 124 of the Family Code is hereby amended as follows:
Section 5. Administration of the Conjugal Partnership Property

At, 124: The administration and enjoyment of the conjugal partnership shall belong
to both spouses jointly

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 authori o of the court or the written consent of the other



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) néwspapers of general
circulation.

Approved,