Republic of the Prilippines
HOUSE OF REPRESENTATIVES
Quezon Cy

Fifteentn Congress
Second Regula Session

COMMITTEE REPOR™ NO. 2225
Submitted by the Committee on Revision of Laws cn 04 WN 2012

6307

Re House Bill No
Recommending 1's approval in substitution of House Bili Nos. 167* and 2481

Sponsors Representatives Mariyn |. Primicias-Agabas, Rufus B. Rodviguez and
Marcelino "Marcy" R. Teodoro

Mr. Speaker:

The Committee on Revision of Laws to which were referred House Bill No. 1677. introduced by
Reps. Rufus 8. Rodnguez, Maxime B Rodriguez. Jr. Antonio C. Alvarez. Maria Evite R. Arago
and Racnei Marguerite B. Det Mar, entitted:

‘AN ACT AMENDING ARTICLE 73 AND 111 OF EXECUTIVE ORDER NO 209 OTHERWISE
KNOAIN AS “HE FAMILY CODE OF THE PHILIPPINES”

and House Bil! No. 2484. introduced by Rep. Marcetino 8. Teodoro, entilled

‘AN ACT AMENDING EXECUTIVE ORDER NO. 20S ALSO KNOWN AS THE FAMILY CODE.
ARTICLE 73. ON THE CHARGE AGAINST THE COMMUNITY PROPERTY OF AN
OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION”

6207

has consicerad the same and recommends that the attache House Bili No.
entitied

‘AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR CONJUGAL
PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION AND THE
CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN EXCLUSIVE PROPERTY WTHOU™ THE
CONSENT OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 113 CF
EXECUTIVE ORDER NO. 208, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES’

be approved in substitutior to House Bi'| Nos. 1671 and 2481 with Reps Rufus B. Rodriguez. Maxime
B. Rodriguez, Jr., Marcelino R. Teodoro. Antonie C. Alvarez. Maria Evita R. Arago Rachel Marguerte B
Del Mar and Marlyn L. Primicias-Agabas as autho:s thereof.

Respectfully submitted,
wad’ ei 1AS-AGABAS

Chairpefgson
Committee on Revision of Laws


Repubuc of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session
_ na
House BiliNe._ 820?
In Substitution of House Bill No. 7677 and 2481

introduced by Representatives Rufus 8 Rodriguez, Maximo B Rodriguez. Jc
Marcelino R. Teodoro. Antonio C. Alvarez, Maria Evita R. Arago Rache
larguerite B Del Mar and Marlya L. Primic as-Agabas

AN ACT

ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR
CONJUGAL PARTNERSHIP FOR AN CBLIGATION OF A SPOUSE WHC
PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE
TO DISPOSE OF AN FXCLUSIVE PROPERTY WITHOUT THE CONSENT
OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES
AND 141 OF EXECUTIVE ORDER NO 209. ALSO KNOWN AS THE
FAMILY CODE OF THE PHILIPPINES

Be ¢ enacted oy the Serate and House of Representatives of the Phi ippines
ir Congress assembled
SECTION 1. Article 73 of the Family Code, as amended. is heredy

further amended to read as follows.

“Ar. 73. Either spouse may exercise any legitimate profession
occupation, business or activity without the consent of the other. The latte:
may object only on vatid, serious and moral grounds.

In case of disagreement. the court skall decide whether or not:

(11 The objection is proper; and

12) Benefit has accrued to the farvily prior to the objection or thereafter. if
the benefit accrued prior to the objestion, the resulting obligation sha
be enforced against THE COMMUNITY PROPERTY. IF THE BENEFIT
ACCRUED THEREAFTER, SUCH OBLIGATION SHALL BE


ENFORCED AGAINST the separate oroperty of the spcuse wha has
not obtained consent

The foregoing provisions shal! no: orejudice the <ights of cred:tors whe

acted in good faith

SEC. 2. Artecle 111 of the Family Code. as amended, is hereby further

amended to read as foliows:

‘Art. 741 TA spouse of age] EITHER SPOUSE may mortgage
encumber. alienate or otherwise dispose of his or her exclusive property [.
without the consent of the other spouse. and appear alone in court to litigate

wich regard te the same]. (n)

SEC. 3. Separability Clause. - If any provision or part hereof is held
invalid of unconstitutional, the remainder of the law ov the provision nor
otherwise affected shal! remair valid and subsisting

SEC 4. Repealing Ciause. - Any lav. presidential decree or :ssuance.
executive ofde’, fetter of instruction, administrative orcer, rule or regulation

censrary to or inconsistent witn the provisions of this Act is hereby repealed

ified or amended accordingly.

SEC. §. Effectivity Clause. This Act shali take effect fifleen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved.


House of Representatives
Committee Affairs Department

FACT SHEET
House Bi No,__ 63807

(In substitution of House Bill Nos. 1677 and 2481)

AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR
CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO
PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO
DISPOSE OF AN EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE
OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF
EXECUTIVE ORDER NO. 209, ALSO KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES

Introxtuced by REPS, RUFUS B, RODRIGUEZ, MAXIMO B. RODRIGUEZ, JR. AND
MARCELINO “MARCY R. TEODORO

Committee Re‘errat REVISION OF LAWS
Committee Chairperson HON, MARLYN L, PRIMICIAS-AGABAS
OBJECTIVES:

+ To clearly delineate the obligation of each spouse whenever conflict arises in a
question as to who shall be lab to obligations made before and after consent was
made attributable to a legitimate profession. occupation, business or activ:y of @
spouse This is to take into account the original intent of the code commission
which was inagvertently omitted wnen tre Family Code was passed into iaw

» To correct the provision in Article 111 by reptacing the term ‘spouse cf age’ with the
more accurate term “either spouse " Republic Act No, 6809 lowering the age of
majority to eighteen (18) years grarted the right of a person to dispose exciusive
properties without the consent of the spo.se

KEY PROVISIONS:

* Mandates the nasis for the court to determine whether or not there is a valid
serious and moral ground for the other party to object in case of disagreement in
the exercise of any legitimate profession, occupation, business or activity of either
spouse without the consent of the other.

« Stipulates that in case of disagreement on the charge against the community of
property of an obligation of a spouse who practices a profession the court shall
decide whether or not the benefit has occurred to the family prior to the objection ar
thereafter. If the benefit accrued prior. to the objection, the resulting obligation shail
be enforced against the community property and if the benefit accrued thereafter,
such obligation shall be enforced against the separate property of the spouse who
had not obtained consent

RELATED LAWS:

» Executive Order No. 209, Known as “The Family Code of the Philippines."
© Republic Act No. 6809, Known as “Ar Act Lowering the Age of Majority from Twenty-Cne lo
Eighteen Years.”

1