SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
)

Third Regular Session
SENA
S.B. NO. {5 52

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
STRENGTHENING GENDER EQUALITY BY AMENDING ARTICLE 14 OF
EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY
CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Executive Order No. 209, otherwise known as the Family Code of the Philippines,
which came into effect on August 3, 1988, introduced reforms in Philippine law
on family relations that, among others, advocated the inequality between men
and women. Under the Family Code, women were not subservient to men, and
became an equal partner in various family matters concerning, among others,
the community property and parental authority. However, there remain
provisions in the Family Code which unduly prejudices women.

One such provision is Article 14 of the Family Code. Article 14 provides that
marital consent of the father to the marriage of a child between the age of
eighteen (18) and twenty-one (21) is preferred over the consent of the mother,
and states:

“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 articles, exhibit to the local civil registrar, the consent to their

marriage of their father, mother, surviving parent or guardian, or persons



having legal charge of them, in 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.”

There is no rational explanation for the Preference for paternal marital consent.
The Family Code itself recognizes that, save for certain instances, men and
women, as regards their children, are partners of equal status and thus exercise
Joint parental authority,

This bill proposes to eliminate vestige of gender insensitive provisions of the
Family Code, and strengthen the equality of men and women, particularly in their

family relations.

In view of the foregoing, the passage of ths bill is earnestly recommended.

MARIA ooened NANCY S. BINAY

Senator



Nannon

SEVENTEENTH CONGRESS OF THE REPUBLIC ) of Otlise

OF THE PHILIPPINES )
)

Third Regular Session
SENA’
S.B. NO. Yo52

RECE

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
STRENGTHENING GENDER EQUALITY BY AMENDING ARTICLE 14 OF
EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY
CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES

8e it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1, Article 14 of Executive Order No. 209, as amended, otherwise
known as the Family Code, is hereby further 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 articles, exhibit to the local civil registrar, the consent to
their marriage of ftheir—father,—mother-—surviving—parent] EITHER
PARENT, for] THE 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.”

Suaate

2 Croerecta

18 AUG 28 PS:

fo



eryanawn

Sec. 2. Repealing Clause. - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

Sec. 3. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) national newspapers of general
circulation.

Approved,