Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HOUSEBILLNo.8907
Introduced by Rep. Jaime R. Fresnedi
EXPLANATORY NOTE
This legislative proposal seeks to amend a number of provisions found in Executive
Order No. 209, otherwise known as the "Family Code of the Philippines," to emphasize the
equal role of the father and the mother in a family.  Currently, Articles  14, 96,  124, 211, and
225  of the Family  Code  give primacy to the decisions  of husbands  or fathers  and treat as
secondary the decisions of wives or mothers when it comes to falnily matters, particularly in
parental concerns as well as in the administration and enjoyment of properties.
This bill  seeks to amend the aforementioned provisions of the Family  Code  so that
spouses may stand on equal footing with one another when it comes to making decisions that
affect the well-being of the family. Thus, this bill moves toward creating a legal landscape that
reflects the value of equality that our society ought to uphold if we are to be truly considered a
democratic nation-state.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
H6USEB|LLNo.8907
Introduced by Rep. Jaime R. Fresnedi
AN ACT
AMENDING ARTICLES 14, 96,124, 211, AND 225 0F EXECUTIVE ORDER NO. 209,
OTHERWISH KN0lvN AS THE ``FAMILY CODE OF THE PHILIPPINES"
Be it enacted by the Senate and the House Of Representatives Of the Philippines in Congress
assembled:
SECTION 1. Article  14 of Executive Order No. 209, otherwise known as the "Family
Code of the Philippines", 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,I  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,]  EITHER  PARENT,  guardian,  or  toersons]  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 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."
SEC. 2. Article 96 of Executive Order No. 209 is hereby amended to read as follows:
"Art.  96.  The administration and enjoyment of the community property
shall  belong  to  both  spouses jointly.  [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.I   ANY   ADMINISTRATIVE   ACTION   BY
EITHER SPOUSE WITHOUT THE CONSENT OF THE OTHER SPOUSE
SHALL BE  UNENFORCEABLE.  IN  CASE  0F DISAGREEMENTS  ON
SUCH ADMINISTRATIVE ACTIONS, EITHER SPOUSE SHALL HAVH
RECOURSE TO THE COURT FOR PROPER REMEDY IN A SUMMARY
PROCHEDING.   THE   COURT,   IN   DECIDING   THE   CASE,   SHALL
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CONSIDER THE BEST INTERESTS OF THE FAMILY. DAMAGES AND
EXPENSES 0F LITIGATION, WHICH DID NOT REDOUND TO THE
BENEFIT    OF    THE    FAMILY,    SHALL    BH    BORNE    BY    THE
CONTRACTING SPOUSE AND  SHALL NOT BE CHARGED T0 THE
COMMUNITY PROPERTY.
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 of 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."
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
property  shall  belong  to  both  spouses  jointly.   [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.I ANY ADMINISTRATIVE ACTION BY
EITHER SPOUSE WITHOUT THE CONSENT OF THE OTHER SPOUSE
SHALL  BE  UNENFORCEABLE.  IN  CASE  OF  DISAGREEMENTS  ON
SUCH ADMINISTRATIVE ACTIONS, EITHHR SPOUSE SHALL HAVE
RECOURSE TO THE COURT FOR PROPER REMEDY IN A SUMMARY
PROCEEDING.   THE   COURT,   IN   DECIDING   THE   CASE,   SHALL
CONSIDER THE BEST INTERESTS OF THE FAMILY. DAMAGES AND
EXPENSES OF LITIGATION, WHICH DID NOT REDOUND T0 THE
BENEFIT    OF    THE    FAMILY,    SHALL    BE    BORNE    BY    THE
CONTRACTING SPOUSE AND SHALL NOT BE CHARGED T0 THE
COMMUNITY PROPERTY.
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 of 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."
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 ajudicial order to the contrary]
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THEY  SHALL  MAKE  AN  EARNEST  EFFORT  TO  SETTLE  THEIR
DIFFERENCES,    TAKING    INTO    CONSIDERATION    THE    BEST
INTERESTS  OF THEIR CHILD  OR CHILDREN: PJ[Oy[DED,  THAT
SHOULD THEY FAIL TO ENTER INTO A COMPROMISE, EITHER
PARENT SHALL HAVE RECOURSE T0 THE COURT FOR PROPER
REMEDY.
Children shall always observe respect and reverence toward 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  cout  appointment.  ANY  EXERCISE  0F
GUARDIANSHIP BY EITHER PARENT WITHOUT TIIE CONSENT OF
THE OTHER SHALL BE UNENFORCEABLE. In case of disagreement, [the
father's  decision  shall  prevail,  unless there  is  a judicial  order to the  contrary.I
EITHER   PARENT   SHALL   HAVE   RECOURSE   T0   THE   COURT
WITHIN FIVE (5) YEARS FROM THE DATE THE CONTRACT WAS
ENTERED    INTO    BY    THE    PARTIES    THERETO,    OR    UPON
KNOWLEIDGI]  OF  THE  NON-CONSENTING  PARENT, WHICHEVER
COMES  LATER.  THE  COURT,  IN  DECIDING  THE  CASE,  SHALL
TAKE   INTO   CONSIDERATION   THE   BEST  INTERESTS   OF   THE
MINOR CHILD. DAMAGES AND EXPENSES OF LITIGATION, WHICH
DID  NOT  REDOUND  TO  THE  BENEFIT  OF  THH  MINOR  CHILD,
SHALL  BE  BORNE  BY  THE  CONTRACTING  PARENT  AND  SHALL
NOT BE CHARGHD TO THE PROPERTY OF THH MINOR CHILD.
Where  the  market  value  of the  property  or  the  annual  income  of the
MINOR  child  exceeds  P50,000.009  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 (100/o) 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 cout 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 supplementary except
when the MINOR child is under substitute parental authority, the guardian is a
stranger,   or  a  parent  has   remarried,   in  which  case  the   ordinary   rules   of
guardianship shall apply."
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SEC. 6. Sapczrczbz./z.fy C/czzjse. -If any part, section, or provision of this Act is declared
invalid or unconstitutional, the validity of the other provisions shall not be affected thereby.
SEC. 7. J2epecJ/z.ng C/cJ#Je. -All laws, decrees, orders, rules and regulations, or any part
thereof inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 8. EJ+Tec/I.vz.fy. -This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.
Approved,
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