Republic of the Philippines
HOUSE OF REPRESENTA’
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 3396

Introduced by REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

The Constitution guarantees the principle of equality between women
and men ("Article II, Section 14: The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality before the law of
women and men’).

Executive Order No. 209 (Family Code) was signed into law by former
President Corazon C. Aquino on 06 July 1987. It took effect on 03 August
1988, one year after its publication.

By its enactment, the Family Code expressly repealed several articles in
Republic Act No. 386 (New Civil Code), namely: on marriage (Arts. 52 to 96),
legal separation (Arts. 97 to 108), rights and obligations between husband and
wife (Arts. 109 to 117), property relations between husband and wife (Arts.
118 to 215), on the family (Arts. 216 to 254), on paternity and filiation (Arts.
255 to 289), on support (Arts. 290 to 304), on parental authority (Arts. 311 to
355), and on emancipation and age of majority (Arts- 397 to 406). Some
portions of Presidential Decree No. 603 ("Child and Youth Welfare Code") were
likewise repealed.

‘The Family Code, however, remains flawed because it continues to
operate under the outmoded presumption of the superiority of men's decisions
over those of women's. On matters pertaining to the management and
administration of family affairs, the decision of the male spouse continues to
prevail. This is true in matters of giving consent to the marriage of parties
between the ages eighteen and twenty-one (Article 14), the administration and
enjoyment of the community property (Article 96), the administration and
enjoyment of the conjugal partnership (Article 124), the exercise of parental
authority over the persons of common children (Article 21 1), and the exercise
of legal guardianship over the property of the unemancipated common child
(Article 225). »


The proposed measure seeks to amend the aforementioned provisions
of the Family Code that has already amended the New Civil Code. The bill does
not intend to amend and/or repeal any of the existing provision of the Civil
Code, nor is the bill proposing the amendment and/or repeal of any existing
provision of the Family Code itself that are outside the contemplation of the
said articles.

Further, the bill seeks to provide flesh to the imperative set forth in
Republic Act No. 9710 ("Magna Carta of Women’): "Section 12. The State shall
take steps to review and. when necessary, amend and/or repeal existing laws
that are discriminatory to women within three (3) years from the effectivity of
this Act.”

‘This measure was filed in the 16% and 17% Congresses, wherein the
proposal was approved at the Committee Level.

In view of the measure's approval at the Committee level in the

immediately preceding Congress, and considering its primacy as one of the
principal women’s legislative agenda, approval of this bill is earnestly sought.

First District, Bukidnon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session
HOUSE BILL wo, 2398 _

Introduced by REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

AN ACT
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN,
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, series Of 1987, as
amended, is further amended as follows:

"Article 14. In case either or both of the contracting panies, 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
registrar, the consent to their marriage of their father or mother,
surviving parent or 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. "

SECTION 2. Article 96 Of Executive order NO. 209, series Of 1987, as
amended, is further amended as follows:


“Article 96. The administration and enjoyment of the community
property shall belong to both spouses jointly, any exercise of acts
of administration by either spouse without the consent of the other
shall be without effect, until it is subsequently approved by the
non-consenting spouse. In case of disagreement, either spouse
may elevate the matter before the court within five (5) years from
the date the contract was entered by the parties thereto, or upon
knowledge of the non-consenting spouse, whichever comes later.
‘The court, in deciding the case, shall take into consideration 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 common properties, the
other spouse may assume sole powers of administration. These
powers do not include the powers of disposition or encumbrance
without 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 by the other spouse or
authorization by the court before the offer is withdrawn by either
or both offerors.”

SECTION 3. Article 124 of Executive order No, 209, series of 1987, as
amended, is further amended as follows:

“Article 124, The administration and enjoyment of the conjugal
partnership shall belong to both spouses jointly, any exercise of
acts of administration by either spouse without the consent of
the other shall be without effect, until it is subsequently
approved by the non-consenting spouse. In case of disagreement,
either spouse may elevate the matter before the court within five
(5) years from the date the contract was entered by the parties
thereto, or upon knowledge of the non-consenting spouse,
whichever comes later. The court, in deciding the case, shall take
into consideration 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 shall not be
charged to the conjugal partnership.


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 disposition or encumbrance without
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 by the other spouse or
authorization by the court before the offer is withdrawn by either
or both offerors. "

SECTION 4. Article 211 of Executive Order NO. 209, series of 1987, as
amended, is further amended as follows:

“Article 211. The father and the mother shall jointly exercise
parental authority over the persons of their common children. In
case of disagreement, either spouse may elevate the matter
before the court, which shall decide, taking into consideration
the best interest of the children.

200K 20xx'

SECTION 5. Article 225 of Executive order No. 209, series of 1987, as
amended, is further amended as follows:

"Article 225. The father and the mother shall jointly exercise legal
guardianship over the property of the unemancipated common
child without the necessity of a court appointment. In case of
disagreement, either spouse may elevate the matter before the
court, which shall decide taking into consideration the best
interest of the child.

Where the market value of the property or the annual income of
the child exceeds P-50,000, 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 child resides, or, if the 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 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.”

SECTION 6. Separability Clause. If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions not affected thereby.

SECTION 7. Repealing Clause. All laws, decrees, rules and regulations, and
other issuances inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 8. Effectivity. This Act shall take effect fifteen (15) days after its
complete publication in either the Official Gazette, or in two (2) newspapers of

general circulation.

Approved,