Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

‘TWENTIETH CONGRESS
First Regular Session

House piut.No.397 6

Introduced by REP. YSABEL MARIA J. ZAMORA

EXPLANATORY NOTE

In essence, this bill seeks to correct the inequitable and unfair situation under Executive Order No.
209, otherwise known as the Family Code of the Philippines, which mandates that decisions of the father or
the husband should prevail on matters relating to marriage and family relations.

The bill provides the following:

‘© The best interest of the children and family shall be considered in making decisions on matters
involving the exercise of parental authority and the administration of properties during marriage (in
relation to Arts. 211 and 225);

‘* Parents shall make earnest efforts to settle their differences in case of disagreement in the exercise of
parental authority over their common children, and should this fail, either parent shall have recourse
to the court for proper remedy (in relation to Art. 211);

‘* Both parents shall jointly exercise legal guardianship over the property of the minor child without the
necessity of a court appointment. Any exercise of guardianship by either parent without the consent
of the other shall be unenforceable, until it is subsequently ratified by the non-consenting parent. In
case of disagreement, either parent shall have recourse to the court. The court, in deciding the case,
shall take into consideration the best interest of the child (in relation to Art. 255);

‘© Parity between the father and mother with respect to granting parental consent to the marriage of
minor children, and where the situation applies, granting authority to either the guardian or person
having legal charge over the minor child ( in relation to Art. 14); and

© In the administration and enjoyment of the community property or the conjugal partnership, any act
ration 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, spouses shall make
eamest efforts to settle their differences, and should this fail, either spouse shall have recourse to the
court for proper remedy. The court, in deciding the case, shall take into consideration the best interest
of the family (in relation to Arts. 96 and 124).

of adminis

‘The passage of this bill will affirm the State Policy of recognizing the role of women in nation-
building and ensuring the fundamental equality before the law of women and men. In view of the foregoing,
the immediate approval of this measure is earnestly sought.

”. YSABEL,
Lone District,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

‘TWENTIETH CONGRESS
First Regular Session

House sino. 3976

Introduced by REP. YSABEL MARIA J. ZAMORA

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 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, 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-e-previous-morriage;] 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-serviving-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 in writing by the interested party, who
personaily 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. 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, the [husband’s-deeision-shall_prevaitsubject-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 a proper remedy IN A SUMMARY
PROCEEDING, which must be availed of within five years from the date [of] the contract
WAS ENTERED INTO, BY THE PARTIES OR UPON KNOWLEDGE OF THE NON-
CONSENTING SPOUSE, WHICHEVER COMES LATER. [implementing such-decision-|
‘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


SEC. 3.

SEC. 4.

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 common properties, the other spouse may assume sole powers of
administration. These powers do not include the powers of disposition or encumbrance
which must have the 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.”

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 OF THE OTHER SHALL BE UNENFORCEABLE UNTIL IT
IS SUBSEQUENTLY RATIFIED BY THE NON-CONSENTING SPOUSE. In case of
disagreement, the [husband's decision-shall_prevail-subjeet-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 a proper remedy IN A SUMMARY
PROCEEDING, which must be availed of within five years from the date [ef] the contract
[implementing-such—decision] WAS ENTERED INTO, 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 the powers of disposition or encumbrance
which must have the 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.”

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,—unlessthere-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 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:

“Axt. 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 UNENFORCEABLE, UNTIL IT
SUBSEQUENTLY RATIFIED BY THE NON-CONSENTING PARENT. In case of
disagreement, [the-fathers-d shall_prevail_unless_there-is.a-judicial_order-to-th
‘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 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 centum (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 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.”
SEC. 6. 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. 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. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a
newspaper of general circulation.

Approved,