Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HousEL|LLNo.   5281
Introduced by HON. LINABELLE RUTH R. VILLARICA
4TH DISTRICT, BULACAN
EXPLANATORY NOTE
The constitutional provision which seeks to establish fundamental equality of men and
women  before  the  law  must  be  implemented.    This  will  effectively  consider  women  as
important partners in the achievement of national development goals.   As such they must be
treated equally with their male counterparts.
Presently, however, certain provisions of the Fanily Code are burdened with inequities
that  directly  hamper the  implementation  of this  constitutional  provision  under  Section  14,
Article 11 of the Constitution
This proposed bill seeks to correct the inequitable and unfair situation under the current
law  which  mandates  that  the  decision  of the  father  should  prevail  on  matters  relating  to
marriage and family relations.
This initiative is in accordance with Section 12 of R.A. No. 9710, otherwise known as
the "Magna Carta of Women" which mandates that the State should undertake a review, and if
necessary amend and/or repeal existing laws that are discriminatory to women within 3 years
from the effectivity of the law on 19 September 2009.
The enactment of this bill will protect and strengthen the institution marriage and family
life.
This bill was filed during the  16th,17th, and  18th Congresses.   Due to time constraints,
however, no further action was taken on it.   This is re-filed for the consideration of the  19th
Congress.
Support for the enactment of this measure is earnestly requested.
EEiEiEE
REP. LINABELLE RUTH R. VILLARICA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRES S
First Regular Session
HousEBILiNo.   5281
Introduced by HON. LINABELLE RUTH R. VILLARICA
4TH DISTRICT, BULACAN
AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN UNDER THE
LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING FOR THE PURPOSE
ARTICLES  14, 96,124, 211, AND 225 0F 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:
"Art.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 artis, exhibit to the local civil registrar, the consent to their
marriage of [their father, mother, surviving parent], EITHER PARENT, or
guardian, or [persons] THE PERSON WHO HAS [having] legal charge of
them, AS PROVIDED UNDER THIS CODE AND OTHER RELEVANT
LAWS, in the order mentioned. Such consent shall be manifested 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
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license,  and the  affidavit,  if one  is  executed  instead,  shall  be  attached to  said
applications."
SEC. 2. Article 96 of Executive Order No. 209 is hereby alnended to read as follows:
"Art. 96. The administration and enjoyment of the community property shall belong to
both spouses jointly. ANY ACT OF ADMINISTRATION BY EITHER SPOUSE
WITHOUT THE CONSENT OF THE OTHER SHALL BE UNENFORCEABLE UNTIL
IT IS SUBSEQUENTLY RATIFIED BY THE NON-CONSENTING SPOUSE. In case of
disagreement [husband's decision shall
Prevail, subject to] 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 IN A SUMMARY PROCEEDING, which must
be availed of within five years from the date [of] the contract WAS ENTERED
THERETO, BY THE PARTIES OR UPON KNOWLEDGE OF THE NON-
CONSENTING SPOUSE, WHICHEVER COMES LATE [implementing such
decision]. THE COURT, IN DECIDING THE CASE, SHALL CONSIDER THE BEST
INTEREST OF THE FAMILY. DAMAGES AND EXPENSES OF LITIGATION, DID
NOT REDOUND TO THE BENEFIT OF THE FAMILY, SHALL BE BORNE BY
THE CONTRACTING SPOUSE AND SHALL NOT BE CHARGED TO THE
COMMUNITY  PROPERTY. "In the event that one spouse is incapacitated or
otherwise unable to participate 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]
RATIFICATION by the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors. "
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SEC. 3. Article 124 of Executive Order No. 209 is hereby amended to read as follows:
"Art.  124. The administration and enjoyment of the conjugal
partnership shall belong to both spouses jointly. ANY ACT OF ADMINISTRATION
BY EITHER SPOUSE WITHOUT THE CONSENT OFTHE OTHER SHALL BE
UNENFORCEABLE UNTIL IT IS SUBSEQUENTLY RATIFIED BY THE NON-
CONSENTING SPOUSE. In case of disagreement, the [husband's decision shall
prevail, subject to] 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 IN A SUMMARY PROCEEDING, which must
be availed of within five years from the date [of] the contract [implementing such
decision] WAS ENTERED THERETO, BY THE PARTIES OR UPON
KNOWLEDGE OF THE NON-CONSENTING SPOUSE, WHICHEVER COMES
LATER. THE COURT, IN DECIDING THE CASE, SHALL CONSIDER 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 COMMUNITY PROPERTY. "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] RATIFICATION by the other
spouse or authorization by the court before the offer is withdrawn by either or both
offerors.
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SEC. 4. Article 211 of Executive Order No. 209 is hereby amended to read as follows:
"Art. 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] 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. 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.
SEC. 5. Article 225 of Executive Order No. 209 is hereby amended to read as follows:
"Art. 225. The father and the mother shall jointly exercise legal
guardianship over the property of [the unemancipated common] THEIR
MINOR child without the necessity of a court appointment. ANY
EXERCISE OF GUARDIANSHIP BY EITHER PARENT WITHOUT THE
CONSENT OF THE OTHER SHALL BE UNEFORCEABLE, UNTIL IT IS
SUBSEQUENTLY RATIFIED BY THE NON-CONSENTING PARENT. In case of
disagreement, [the father's decision shall prevail, unless there is ajudicial order to the
contrary.] EITHER PARENT SHALL HAVE RECOURSE TO THE COURT
WITHIN FIVE (5) YEARS FROM THE DATE THE CONTRACT WAS ENTERED
BY THE PARTIES THERETO, OR UPON KNOWLEDGE OF THE NON-
CONSENTING PARENT, WHICHEVER COMES LATER. THE COURT, IN
DECIDING THE CASE, SHALL TAKE INTO CONSIDERATION THE BEST
INTEREST OF THE MINOR CHILD. DAMAGES AND EXPENSES OF
LITIGATION, WHICH DID NOT REDOUND TO THE BENEFIT OF THE
MINOR CHILD, SHALL BE BORNE BY THE CONTRACTING PARENT AND
SHALL NOT BE CHARGED TO THE PROPERTY OF THE MINOR CHILD.
"Where the market value of the property or the annual income of the MINOR 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 centuni (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 MINOR child resides,
or, if the MINOR 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
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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 MINOR 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."
#;,i;`r*
SEC. 6. 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.
SEC. 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.
SEC. 8. Effectivity Clause -This Act shall take effect fifteen (15) days after its publication in    ```  + qu ~
the Official Gazette or in a newspaper of general circulation.
Approved,
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