SIXTEENTH CONGRESS OF THE 
REPUBLICOF THE PHILIPPINES 
First Regular Session 
SENATE 
S. B. No. 2270 
) 
) 
) 
(In substitution of S.B. Nos. 1260 and 2072) 
'14 
JUN -3 P4 :08 
Prepared Jointly by the Committees on Women, Family Relations and Gender 
Equality; and Constitutional Amendments and Revision of Laws with Senators Binay, 
(P.)Cayetano and Defensor-Santiago as authors 
AN ACT 
ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN UNDER 
THE LAWS ON MARRIAGE AND FAMILY RELATIONS, AMENDING FOR THE 
PURPOSE EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY 
CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Article 14 of Executive Order No. 209, as amended, otherwise known 
:2 
as the Family Code of the Philippines, is hereby amended to read as follows: 
3 \ 
"Art. 14. In case either or both of the contracting parties[, not having 
4 
been emancipated by a previous marriage,] are between the ages of 
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eighteen and twenty-one, they shall, in addition to the requirements of 
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the preceding articles, exhibit to the local civil registrar, the consent to 
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their marriage of [their father, mother, surviving parent] EITHER 
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PARENT, [or] THE guardian, or persons having legal charge of them 
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AS PROVIDED UNDER THIS CODE AND OTHER RELEVANT 
10 
LAWS, in the order mentioned. Such consent shall be manifested in 
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writing by the interested party, who personally appears before the 
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proper local civil registrar, or in the form of an affidavit made in the 
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1 
presence of two witnesses and attested before any official authorized 
2 
by law to administer oaths. The personal manifestation shall be 
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recorded in both applications for marriage license, and the affidavit, if 
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one is executed instead, shall be attached to said applications." 
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SEC. 2. Article 96 of Executive Order No. 209, as amended, otherwise known 
6 
as the Family Code of the Philippines, is hereby amended to read as follows: 
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"Art. 96. The administration and enjoyment of the community property 
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shall belong to both spouses jointly. In case of disagreement, the 
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SPOUSES SHALL EXERT EARNEST EFFORTS TO ENTER INTO A 
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COMPROMISE AND ONLY UPON FAILING SUCH SHALL THE 
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COURT DECIDE THE CASE, UPON A PROPER PETITION, IN A 
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SUMMARY PROCEEDING [the husband's decision shall prevail, 
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subject to recourse to the court by the wife for proper remedy, which 
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must be availed of within five years from the date of the contract 
15 
implementing such decision]. 
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In the event that one spouse is incapacitated or otherwise 
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unable to participate in the administration of the common properties, 
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the other spouse may assume sole powers of administration. These 
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powers do not include disposition or encumbrance without authority of 
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the court or the written consent of the other spouse. In the absence of 
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such authority or consent, the disposition or encumbrance shall be 
22 
void. However, the transaction shall be construed as a continuing offer 
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on the part of the consenting spouse and the third person, and may be 
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perfected as a binding contract upon the acceptance by the other 
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1 
spouse or authorization by the court before the offer is withdrawn by 
2 
either or both offerors." 
3 
SEC. 3. 
Article 124 of Executive Order No. 209, as amended, otherwise 
4 
known as the Family Code of the Philippines, is hereby amended to read as follows: 
5 
"Art. 124. The administration and enjoyment of the conjugal partnership 
6 
shall belong to both spouses jOintly. In case of disagreement, the 
7 
SPOUSES SHALL EXERT EARNEST EFFORTS TO ENTER INTO A 
8 
COMPROMISE AND ONLY UPON FAILING SUCH SHALL THE 
9 
COURT DECIDE THE CASE, UPON A PROPER PETITION, IN A 
10 
SUMMARY PROCEEDING [husband's decision shall prevail, subject 
11 
to recourse to the court by the wife for proper remedy, which must be 
12 
availed of within five years from the date of the contract implementing 
13 
such decision]. 
14 
In the event that one spouse is incapacitated or otherwise 
15 
unable to participate in the administratron of the conjugal properties, 
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the other spouse may assume sole powers of administration. These 
17 
powers do not include disposition or encumbrance without authority of 
18 
the court or the written consent of the other spouse. In the absence of 
19 
such authority or consent, the disposition or encumbrance shall be 
20 
void. However, the transaction shall be construed as a continuing offer 
21 
on the part of the consenting spouse and the third person, and may be 
22 
perfected as a binding contract upon the acceptance by the other 
23 
spouse or authorization by the court before the offer is withdrawn by 
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either or both offerors." 
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SEC.4. 
Article 211 of Executive Order No. 209, as amended, otherwise 
2 
known as the Family Code of the Philippines, is hereby amended to read as follows: 
3 
"Art. 211. The father and the mother shall jointly exercise parental 
4 
authority over the persons of their common children. In case of 
5 
disagreement, 
the 
FATHER 
AND 
MOTHER 
SHALL 
EXERT 
6 
EARNEST EFFORTS TO ENTER INTO A COMPROMISE AND ONLY 
7 
UPON FAILING SUCH SHALL THE COURT DECIDE THE CASE, 
8 
UPON A PROPER PETITION, TAKING INTO CONSIDERATION THE 
9 
BEST INTERESTS OF THE COMMON CHILDREN [father's decision 
10 
shall prevail, unless there is a judicial order to the contrary]. 
11 
Children shall always observe respect and reverence towards 
12 
their parents and are obliged to obey them as long as the children are 
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under parental authority." 
14 
SEC. 5. Article 225 of Executive Order No. 209, as amended, otherwise 
15 
known as the Family Code of the Philippines, is hereby amended to read as follows: 
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"Art. 225. The father and the mother shall jointly exercise legal 
17 
guardianship over the property of the unemancipated common child 
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without the necessity of a court appointment. In case of disagreement, 
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the FATHER AND THE MOTHER SHALL EXERT EARNEST 
20 
EFFORTS TO ENTER INTO A COMPROMISE AND ONLY UPON 
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FAILING SUCH SHALL THE COURT DECIDE,UPON A PROPER 
22 
PETITION, TAKING INTO CONSIDERATION THE BEST INTEREST 
23 
OF THE COMMON CHIL.D [father's decision shall prevail, unless there 
24 
is a judicial order to the contrary]. 
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1 
Where the market value of the property or the annual income of the 
2 
child exceeds P50,000, the parent concerned shall be required to 
3 
furnish a bond in such amount as the court may determine, but not less 
4 
than ten per centum (10%) of the value of the property or annual 
5 
income, to guarantee the performance of the obligations prescribed for 
6 
general guardians. 
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A verified petition for approval of the bond shall be filed in the 
8 
proper court of the place where the child resides, or, if the child resides 
9 
in a foreign country, in the proper court of the place where the property 
10 
or any part thereof is situated. 
11 
The petition shall be docketed as a summary special proceeding 
12 
in which all incidents and issues regarding the performance of the 
13 
obligations referred to in the second paragraph of this Article shall be 
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heard and resolved. 
15 
The ordinary rules on guardianship shall be merely suppletory 
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except when the child is under substitute parental authority, or the 
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guardian is a stranger, or a parent has remarried, in which case the 
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ordinary rules on guardianship shall apply." 
19 
SEC. 6.Separability Clause. If any portion or provision of this Act is declared 
20 
void and unconstitutional, the remaining portion or provisions hereof shall not be 
21 
I affected by such declaration. 
22 
SEC. 7.Repealing Clause. All laws, decrees, orders, rules and regulations, 
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other issuances or parts thereof inconsistent with the provisions of this Act are 
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hereby repealed or modified accordingly. 
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, . 
1 
SEC. S.Effectivity Clause. This Act shall take effect fifteen (15) days after its 
2 
complete publication in at least two (2) national newspapers of general circulation. 
Approved, 
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