Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

3844

HOUSE BILL NO.

Introduced by: HONORABLE TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

The role of women in nation-building is recognized in Article Il, Section 14 of the
Philippine Constitution which makes it the duty of the State to “ensure the fundamental
equality before the law of women and men.”

The implementing rules and regulations (IRR) of Republic Act 9710 or The Magna Carta
of Women (MCW) requires the State to take steps to review and, when necessary
amend or repeal existing laws that are discriminatory to women within three years from
the effectivity of the Act.

The MCW defines “Discrimination Against Women” as “any gender-based
distinction, exclusion, or restriction which has the effect or purpose of impairing or
nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil, or any other field. It includes
any act or omission, including by law, policy, administrative measure, or practice, that
directly or indirectly excludes or restricts women in the recognition and promotion of
their rights and their access to and enjoyment of opportunities, benefits, or privileges. A
measure or practice of general application is discrimination against women if it fails to
provide for mechanisms to offset or address sex or gender-based disadvantages or
limitations of women, as a result of which women are denied or restricted in the
recognition and protection of their rights and in their access to and enjoyment of
opportunities, benefits, or privileges; or women, more than men, are shown to have
suffered the greater adverse effects of those measures or practices. Provided, finally,
That discrimination compounded by or intersecting with other grounds, status, or
condition, such as ethnicity, age, poverty, or religion shall be considered discrimination
against women under this Act.”

It also defines violence against women (VAW) as “any act of gender-based violence that
results in, or is likely to result in physical, sexual, or psychological harm or suffering to
women, including threats of such acts, coercion, or arbitrary deprivation of liberty,


whether occurring in public or in private life.”

This is consistent with the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) of which the Philippines is a signatory. The Convention
explicitly regarded the commission of discriminatory acts against women as an
international issue that needed immediate attention and action.

In 1992, the CEDAW Committee passed General Recommendation No. 19 which states
that “gender-based violence, which impairs or nullifies the enjoyment by women of
human rights and fundamental freedoms under general international law or under
human rights conventions, is discrimination within the meaning of article 1 of the
Convention.” The Declaration on the Elimination of Violence against Women, adopted
in 1993, prescribed the steps that each Member State should take to eliminate all forms
of gender-based violence. Its preamble states that that “violence against women
constitutes a violation of the fundamental freedoms of women and impairs or nullifies
their enjoyment of those rights and freedom.” The Declaration requires States Parties to
“condemn violence against women” and “pursue by all appropriate means and without
delay a policy of elimination of violence against women.”

In response, the Philippine Government enacted the Anti-Violence Against Women and
Their Children Act of 2004 “to protect the family and its members, particularly women
and children from violence and threats to their personal safety and security.” This law
also provides a comprehensive definition of “violence against women and their children’
as “any act or a series of acts committed by any person against a woman who is his
wife, former wife, or against a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty.”

Since men and women are equal before the law, the fact that they are married, should
not restrict the rights of women and lower her status as second only to her spouse.
These concepts of “equality” and “non-discrimination” are exemplified in the Family
Code provisions that give joint parental authority over the person and property of
legitimate children to both parents and joint right and responsibility to the spouses to
own and administer their properties as well as support the family. However, equality
becomes merely illusory when the law is explicitly partial to the father’s or
husband’s decision to give or withhold consent on questions regarding the
parental authority over the person and property of their common children,
administration of properties jointly owned by the spouses. The real test in
decision-making is the ability to make good and intelligent decisions on matters that
affect the family. Yet, several provisions in the Family Code use the proxy standard of
sex, presuming that all husbands are more intelligent, wiser, and possess better
judgment than their wives. Also, consistent with the MCW and the Anti-VAWC Act, an
act of violence should be sufficient to provide a ground for legal separation. The basis


for legal separation should consider not the number of times violence was perpetrated,
but also the severity of the violence committed towards the spouse.

Provisions that treat women and men differently or give preference to the rights and
decisions of men over women violates the equal protection clause and discriminates
against women. Recognizing the Philippine government's responsibility to address
these policy gaps, the immediate passage of this bill is earnestly sought.

TEl BRAWNER B oT


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__3844

Introduced by: HONORABLE TEDDY BRAWNER BAGUILAT

AN ACT
AMENDING DISCRIMINATORY PROVISIONS OF E.O. 209 OTHERWISE
KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, IN ACCORDANCE WITH
THE MAGNA CARTA OF WOMEN

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. The following provisions of Executive Order No. 209, otherwise
known as the Family Code of the Philippines, are hereby amended to read as
follows:

A. PARENTAL CONSENT IN MARRIAGE,

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 their [father, mother,
surviving parent or] EITHER THEIR FATHER OR MOTHER, 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. (61a)

B. LEGAL SEPARATION

Article 55. A petition for legal separation may be filed on any of the following


rounds:

° (1) ANY ACT OR A SERIES OF ACTS CONSTITUTING SERIOUS AND/OR
[Rlrepeated physical OR SEXUAL VIOLENCE, PSYCHOLOGICAL
HARM OR SUFFERING, ECONOMIC ABUSE or grossly abusive conduct
directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child,
or a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six
years, even if pardoned:

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether
in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more
than one year.

C. OWNERSHIP, ADMINISTRATION, ENJOYMENT AND DISPOSITION OF THE
COMMUNITY PROPERTY

Article 96, The administration and enjoyment of the community property shall
belong to both spouses jointly. IN CASE AN URGENT DECISION IS NECESSARY
IN ORDER TO RESPOND TO A FAMILY CRISIS, EITHER SPOUSE MAY MAKE
THE DECISION, SUBJECT TO RECOURSE TO THE COURT BY THE OTHER
SPOUSE FOR PROPER REMEDY, WHICH MUST BE AVAILED OF WITHIN FIVE
YEARS FROM THE DATE OF THE CONTRACT IMPLEMENTING SUCH
DECISION. [In case of disagreement, the husband's decision shall prevail,
subject to 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.]

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 @ 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. (206a)


D. ADMINISTRATION OF THE CONJUGAL PARTNERSHIP PROPERTY

Article. 124. The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. IN CASE AN URGENT DECISION IS NECESSARY
IN ORDER TO RESPOND TO A FAMILY CRISIS, EITHER SPOUSE MAY MAKE
THE DECISION, SUBJECT TO RECOURSE TO THE COURT BY THE OTHER
SPOUSE FOR PROPER REMEDY, WHICH MUST BE AVAILED OF WITHIN FIVE
YEARS FROM THE DATE OF THE CONTRACT IMPLEMENTING SUCH
DECISION. [In case of disagreement, the husband's decision shall prevail,
subject to 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.]

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. (165a)

E. PARENTAL AUTHORITY OVER THE PERSON OF THE CHILD

Article 211. The father and the mother shall jointly exercise parental authority over
the persons of their common children. In case of disagreement, the DECISION OF
THE PARENT WHO IS THE PRIMARY CARETAKER OF THE CHILD [father's
decision] shall prevail, unless there is a judicial order to the contrary.

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. (311a)

F, PARENTAL AUTHORITY OVER THE PROPERTY OF THE CHILD

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. THE CONSENT OF BOTH PARENTS IS NECESSARY IN MAKING
ALL DECISIONS [In case of disagreement, the father's decision shall prevail,]
unless there is a judicial order to the contrary.

Where the market value of the property or the annual income of the 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 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. (320)

SEC. 2. Separability Clause. - If any part or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in force
and effect.

SEC. 3. Repealing Clause. All other laws, decrees, orders, issuances, rules
and regulations which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,