i 
13TH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
1 
SENATE 
712 
S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
The Constitution provides that: “The State recognizes the role of women in 
nation-building, and shall ensure the fundamental equality before the law of women 
and men.” (Section 14, Article 11) 
The New Family Code, on the other hand, was enacted to ensure the 
fundamental equality of men and women before the law. It declares that “ ... there is a 
need to implement policies embodied in the Constitution that will strengthen 
marriage and the family as basic social institutions and ensure equality between men 
and women.” 
Thus, the Code, which took effect on August 1, 1988, revised certain 
antiquated laws under the Civil Code, such as favoring the husband over the wife on 
such critical matters as legal separation, contracting debts and obligations and 
administration of conjugal properties. 
Although the law largely adopted gender-fair provisions, it still retains 
provisions giving undue advantage to the husband over the wife. Specifically, the 
Code allows the husband’s decision to prevail over the wife on issues pertaining to the 
administration and enjoyment of conjugal property and exercise of parental authority 
and legal guardianship. These provisions, therefore, must be corrected by way of 
legislative amendments. 
Hence, approval of this bill is sought. 
MANUEL B. 
ILLAR, JR. 


, 
13TH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.No. 
712 
INTRODUCED BY HON. MANUEL B 
AN ACT AMENDING ARTICLES 96, 124, 211 ANI 
CODE 
TO 
PROVIDE 
FOR 
JUDICIAL 
INTEI 
DISAGREEMENT BETWEEN HUSBAND AND WIFE 
AND ENJOYMENT O F  COMMUNITY PROPERTY, 
ENJOYMENT O F  CONJUGAL PARTNERSHIP PROPE 
.PARENTAL AUTHORITY AND LEGAL GUARDIANS1 
PROPERTY O F  UNEMANCIPATED COMMON CHILD 
Be it enacted by the Senate and House of Representatit 
assembled: 
SECTION. 1. The following articles of the New F, 
to read as follows: 
“Article 96. The administration and enjc 
property shall belong to both spouses jointly. 
IILLAR, JR. 
225 OF THE NEW FAMILY 
rENTION 
IN 
CASES 
OF 
i7ER THE ADMINISTRATION 
HE ADMINISTRATION AND 
.TY AND THE EXERCISE O F  
P OVER THE PERSON AND 
j. of the Philippines in Congress 
nily Code are hereby amended 
ment of the community 
1 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 
PARTY SHALL GO TO COURT FOR PROPER REMEDY. THE COURT 
SHALL APPOINT AN 
ADMINISTRATOR qOR THE PROPERTY 
PENDING RESOLUTION OF THE CASE.” 
“Article 124. The administration and enjpyment 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 a proper remedy, Thich must be availed of 
within five years from the date of the contl;act implementing such 
decision.] EITHER PARTY SHALL GO TO COURT FOR PROPER 
THE PROPERTY PENDING RESOLUTION O F  THE CASE.” 
REMEDY. THE COURT SHALL APPOINT AN IADMINISTRATOR FOR 
I 
“Article 2 11. 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.] THE MOTHER’S DECISION SHALL 
PREVAIL FOR CHILDREN UNDER THE AGE OF SEVEN, UNLESS 
THERE IS A JUDICIAL ORDER TO THE CONTRARY, AND FOR 
CHILDREN SEVEN AND ABOVE, EITHER PARTY SHALL GO TO 
COURT FOR PROPER REMEDY. 
THE COURT SHALL ASSIGN 
SUBSTITUTE PARENTAL AUTHORITY, AS PROVIDED IN ARTICLE 
214, PENDING RESOLUTION OF THE CASE.” 
“Article 225. The father and the mother shall jointly exercise legal 
guardianship over the property of their 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.] THE PARTIES SHALL PETITION THE COURT TO DECLARE 
A 
TEMPORARY 
GUARDIAN 
OVER 
THE 
AFOREMENTIONED 
PROPERTY PENDING RESOLUTION OF THE DISAGREEMENT.” 
SEC. 2. 
. This Act shall take effect fifteen (15) days after its complete 
publication in at least two (2) newspapers of general circulation. 
Approved,