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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4113

Introduced by HON. HENRY R. VILLARICA
4TH DISTRICT, BULACAN

EXPLANATORY NOTE

The constitutional provision which seeks to establish fundamental equality of men and women
before the law must be realized in existing statute books. It considers women as important partners in
the achievement of national development goals. As such they must be treated equally with their male
partners in the eyes of the law.

Presently, however, certain provisions of the Family Code are burdened with inequities that
directly hamper the realization of this constitutional provision.

This proposed bill enumerates pertinent provisions in the Code which will hinder the effective
implementation of gender equality under Section 14, Article I of the Constitution.

These provisions were likewise classified as discriminatory to women in Section 15 of the
Implementing Rules and Regulations of the Magna Carta for Women of R.A. No. 9710. Section 12 of
this law mandates that the State should review and, if necessary amend and/or repeal existing laws that
are discriminatory to women within the period of 3 years from the effectivity of the law on 15
September 2009. Considering the lapse of time since its approval, these laws must now be amended.

Moreover, this will protect and strengthen the institution of marriage and family life.

This bill was filed during the 16" and 17" Congresses. Due to time constraints however, no
further action was taken on it. This bill is re-filed for the consideration of the 18" Congress.

Support for the enactment of this measure is earnestly requested.

REP. HENRY R. VILLARICA


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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4113

Introduced by HON. HENRY R. VILLARICA
4TH DISTRICT, BULACAN ’

AN ACT ENSURING THE FULL IMPLEMENTATION OF FUNDAMENTAL EQUALITY
BEFORE THE LAW OF WOMEN AND MEN, 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 is hereby amended to read as follows:

Article 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] EITHER
PARENT [or] 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.

SEC. 2. Article 96 of Executive Order No. 209 is hereby amended to read 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-CONTESTING SPOUSE. In 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 off within five years
from the date of the contract implementing such decision.) EITHER
SPOUSE MAY ELEVATE THE MATTER BEFORE THE COURT
WITHIN FIVE (5) YEARS FROM THE DATE THE CONTRACT
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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.

XXX XXX
SEC. 3. Article 124 of Executive Order No. 209 is hereby amended to read 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, [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 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 CONJUGAL PARTNERSHIP.

xXx XXX
SEC. 4. Article 211 of Executive Order No. 209 is hereby amended to read 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, [the father's decision shall prevail, unless there is a
judicial order to the contrary.] EITHER SPOUSE MAY ELEVATE
‘THE MATTER BEFORE THE COURT, WHICH SHALL DECIDE,
‘TAKING INTO CONSIDERATION, THE BEST INTEREST OF THE
CHILDREN.

2x XXX
SEC. 5. Article 225 of Executive Order No. 209 is hereby amended to read as follows:

Article 225. The father and the mother shall jointly exercise
legal guardianship over the property of the unemancipated common
2


child without the necessity of a court appointment, ANY EXERCISE
OF GUARDIANSHIP BY EITHER PARENT WIHOUT THE
CONSENT OF THE OTHER SHALL BE WITHOUT EFFECT,
UNTIL IT IS SUBSEQUENTLY APPROVED BY THE NON-
CONSENTING PARENT. _In case of disagreement, [the father’s
decision shall prevail, unless there is a judicial order to the contrary] ,
EITHER PARENT 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 PARENT,
WHICHEVER COMES LATER. THE COURT, IN DECIDING THE
CASE, SHALL TAKE INTO CONSIDERATION THE BEST
INTEREST OF THE UNEMANCIPATED COMMON CHILD.
DAMAGES AND EXPENSES OF LITIGATION WHICH DID NOT
REDOUND TO THE BENEFIT OF THE UNEMANCIPATED
COMMON CHILD SHALL BE BORNE BY THE CONTRACTING
PARENT AND SHALL NOT BE CHARGED TO THE PROPERTY
OF THE UNEMANCIPATED COMMON CHILD

2x XXX

SEC. 6. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remaining parts or provisions not affected shall remain valid and subsisting.

SEC. 7. Repealing Clause. - All laws, decrees, rules and regulations, or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,