Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  1043 
Introduced by 4Ps Partylist Representative 
JC M. ABALOS 
EXPLANATORY NOTE 
No less than the Constitution guarantees that each person shall receive equal 
protection under its laws as provided in Section 1 of Article III. It means that given 
the same conditions and situations, all persons shall be treated equally by the laws of 
the land. Likewise, all persons shall have the same access to the laws and courts. 
One cannot help but wonder then as to Article 45(3) in relation to Article 46(2) 
of  the Family Code, or Executive Order No. 209, series of 1987, whereby a ground 
for annulment exists when a wife may be held liable for fraud should she be found 
to have concealed her pregnancy by another man other than her husband at the time 
of marriage. Yet, this the Family code does not prescribe the same to the husband 
should he impregnate a person other than his wife at the time of marriage.  
In the spirit of upholding what has been provided in the Constitution that all 
Filipinos shall have the equal protection of the law that this bill is being filed. 
Furthermore, it aims to reinforce the role of the Filipino family as the basic 
foundation of the Filipino nation.  
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By providing clearer requisites and processes under the Family Code, all 
parties entering the institution of marriage, who shall be made accountable for 
similar acts, will continually enjoy the same rights and responsibilities. 
To this end, the approval of this bill is earnestly sought. 
JC M. ABALOS 
Representative 
4Ps Partylist 
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Batasan Hills, Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  1043 
Introduced by 4Ps Partylist Representative 
JC M. ABALOS 
AN ACT 
PROVIDING FOR EQUAL PROTECTION OF WOMEN AS REGARDS TO 
ANNULMENT ON ACCOUNT OF FRAUD BY CONCEALMENT OF THE 
HUSBAND THAT HE HAS IMPREGNATED A PERSON OTHER THAN HIS 
WIFE AT THE TIME OF MARRIAGE; AMENDING ARTICLE 46, CHAPTER 3 OF 
EXECUTIVE ORDER NO. 209, SERIES OF 1987, 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. Declaration of Policy. - The State recognizes the 
importance of the family as the foundation of the nation. As such, the State 
shall strengthen, promote, and protect Filipino families. It shall advance the 
guaranteed right that no person shall be deprived of life, liberty, or property 
without due process of law, nor shall any person be denied the equal 
protection of the laws. 
SEC. 2. Executive Order No. 209, series of 1987, otherwise known as the 
Family Code,  is hereby amended to read as follows: 
“Art. 46. Any of the following circumstances shall constitute 
fraud referred to in number 3 of the preceding article; 
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XXX 
 
(3) Concealment by the wife of the fact that at the time of the 
marriage, she was pregnant by a man other than her husband; 
XXX 
  
(5) CONCEALMENT BY THE HUSBAND OF THE FACT 
THAT AT THE TIME OF THE MARRIAGE, HE HAS 
IMPREGNATED ANOTHER PERSON OTHER THAN HIS 
WIFE;” 
  
SEC. 3. Separability Clause. – If any provision or part hereof is declared 
unconstitutional, the remainder of this Act or any provision not affected shall 
remain in full force and effect. 
  
SEC. 4. Repealing Clause. – All laws, presidential decrees, executive orders, 
rules and regulations or parts thereof inconsistent with the provisions of this Act 
are hereby repealed, amended or modified accordingly. 
  
SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in any newspaper of general circulation. 
 
  
Approved, 
 
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