Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

4613

HOUSE BILL NO. _*—*

Introduced by
REP. HENEDINA RAZON- ABAD and REP. KAKA J. BAG-AO

EXPLANATORY NOTE

Article II Section 14 of the Constitution recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men. Section 12 of Republic Act
No, 9710, otherwise known as the Magna Carta of Women provides that existing laws that are
discriminatory to women shall be reviewed, amended and/or repealed. ‘The foregoing
notwithstanding, the Family Code is still rife with discriminatory provisions.

Article 14 gives undue preference to the father over the mother in giving consent to
marriage of the son or daughter. While Articles 96 and 124 provide joint administration by the
husband and wife of the absolute community property and the conjugal partnership of gains, the
law gives preference to the decision of the husband in case of disagreement. Articles 211 and 225
give joint parental authority over the person and legal guardianship over the property of the
common children to both parents. Again, in case of disagreement, the father’s decision should be
followed.

This bill seeks to correct the inequalities in Article 14, 96, 124, 211 and 225 of the Family
Code by eliminating patent discrimination against women in matters relating to marriage and
family relations. It also mandates that the best interest of the family and children shall be
considered in making decisions on matters involving the exercise of parental authority and the
administration of properties during the marriage.

In view of the foregoing reasons, the immediate passage of this bill is urgently sought.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

4613

HOUSE BILL NO.

Introduced by
REP. HENEDINA RAZON- ABAD and REP. KAKA J. BAG-AO

AN ACT ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN,
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 their father []
OR 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.”


rt Section 2. Article 96 of Executive Order No. 209 is hereby amended to read as

2. follows:

3 “Article 96, The administration and enjoyment of the community property
4 shall belong to both spouses jointly, ANY EXERCISE OF ACTS OF
5 ADMINISTRATION BY EITHER SPOUSE WITHOUT THE CONSENT OF THE
6 OTHER SHALL BE WITHOUT EFFECT, UNTIL IT IS SUBSEQUENTLY
7 APPROVED BY THE NON-CONSENTING SPOUSE. In case of disagreement, [the
8 husband's decision shall prevail, subject to recourse to the court by the wife for
9 proper remedy, which must be availed of within five years from the date of the
10 contract implementing such decision.) EITHER SPOUSE MAY ELEVATE THE
uu MATTER BEFORE THE COURT WITHIN FIVE (5) YEARS FROM THE DATE
2 THE CONTRACT WAS ENTERED BY THE PARTIES THERETO, OR UPON
13 KNOWLEDGE OF THE NON-CONSENTING SPOUSE, WHICHEVER COMES
14 LATER. THE COURT, IN DECIDING THE CASE, SHALL TAKE INTO
45 CONSIDERATION THE BEST INTEREST OF THE FAMILY. DAMAGES AND
16 EXPENSES OF LITIGATION WHICH DID NOT REDOUND TO THE BENEFIT OF
W7 ‘THE FAMILY SHALL BE BORNE BY THE CONTRACTING SPOUSE AND SHALL
18 NOT BE CHARGED TO THE COMMUNITY PROPERTY.”

19 xxx

20 Section 3. Article 124 of Executive Order No. 209 is hereby amended to read as

21 ~~ follows:

2 “Article 124. The administration and enjoyment of the conjugal
23 partnership shall belong to both spouses jointly, ANY EXERCISE OF ACTS OF
24 ADMINISTRATION BY EITHER SPOUSE WITHOUT THE CONSENT OF THE

as: OTHER SHALL BE WITHOUT EFFECT, UNTIL IT IS SUBSEQUENTLY


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APPROVED BY THE NON-CONSENTING SPOUSE. 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,] EITHER SPOUSE MAY ELEVATE THE
MATTER BEFORE THE COURT WITHIN FIVE (5) YEARS FROM THE DATE
THE CONTRACT WAS ENTERED BY THE PARTIES THERETO, OR UPON
KNOWLEDGE OF THE NON-CONSENTING SPOUSE, WHICHEVER COMES
LATER. THE COURT, IN DECIDING THE CASE, SHALL TAKE INTO
CONSIDERATION THE BEST INTEREST OF THE FAMILY. DAMAGES AND
EXPENSES OF LITIGATION WHICH DID NOT REDOUND TO THE BENEFIT OF
‘THE FAMILY SHALL BE BORNE BY THE CONTRACTING SPOUSE AND SHALL
NOT BE CHARGED TO THE CONJUGAL PARTNERSHIP.”
xxx
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 father's decision shall prevail, unless there is a judicial order to the
contrary.) EITHER SPOUSE MAY ELEVATE THE MATTER BEFORE THE
COURT, WHICH SHALL DECIDE, TAKING INTO CONSIDERATION THE BEST

INTEREST OF THE CHILDREN.”

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

follows:


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“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 [the father's decision
shall prevail, unless there is a judicial order to the contrary.] EITHER SPOUSE
MAY ELEVATE THE MATTER BEFORE THE COURT, WHICH SHALL DECIDE

TAKING INTO CONSIDERATION THE BEST INTEREST OF THE CHILD.”

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 Actare hereby repealed, amended or modified accordingly.

Section 8. Effectivity - This Act shall take effect fifteen (15) days alter its

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

Approved,