SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
Second Regular Session ) 1B MAR -6 AIO 34

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SENATE

RECEIV.D &Y.
SENATE BILLNO,_1730

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
AMENDING ARTICLES 14, 19, 124, 211 AND 225 OF
EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE
FAMILY CODE OF THE PHILIPPINES

EXPLANATORY NOTE

The Constitution, in Article II, Section 14 of the Constitution, provides that “the
State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men”, Standing as basis for equal
treatment before the law, this precept must be upheld in all facets of a woman's life,
especially in guaranteeing her equal status with the husband in the household after
marriage.

One of the measures identified in the Women’s Priority Legislative Agenda for
the 17 Congress seeks to ensure that the right of women in marriage and family
relations is duly upheld. Such is responsive to Republic Act No. 9710, otherwise known
as the Magna Carta of Women, which calls for equal treatment between men and
women before the law in Section 12, and providing that “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.”

The woman’s importance in nation-building starts from her role in the basic
unit of society, the family. This bill seeks to rectify the inequality in decision-making
in the household by amending certain provisions in the Family Code of the Philippines.
These provisions are deemed patriarchal and detrimental to establishing the status of



married women as partners and equals in their own homes. Progressive amendments
more apt with the current times are thus introduced in this bill..

As the Philippine Commission on Women pointed out in a policy paper,
“removing the preferential treatment for the father/husband's decision in (1) giving
consent to the marriage of a son or daughter, in case of disagreement with the wife (2)
in the enjoyment and administration of absolute community or conjugal partnership
of gains, and (3) in the exercise of parental authority over the person and legal
guardianship over the property of their common child, will contribute to promoting
women's rights, ensuring equality before the law between husband and wife, and
transforming gender relations between the spouses”.

As further exemplified in the Convention on the Elimination of Discrimination
against Women, which honors the contribution of women to family welfare and
societal development, it is proper to advocate for a measure that will finally strike the
balance between parents and finally recognize “the social significance of maternity and
the role of both parents in the family and in the upbringing of children”.

In view of the foregoing, approval of this measure is earnestly sought.

rarer oF
LEILA M. DE LIMA

* Philippine Commission on Women. Ensuring Women’s Equal Rights in Marriage and Family Relations:
Amending Anicls 14,19, 124,211 and 225 ofthe Family Code ofthe Philippines. Retrieved from
ttpv/www.pew, 1% al-rights- /-relations-

amending-articls-14-19-124-21 -and-225-family-code-philippines
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SEVENTEENTH CONGRESS OF THE. )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) 18 MAR -6 AID 39

Sewer d\HeHn

SENATE RECEIVED 3

SENATE BILLNO. 1730

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
AMENDING ARTICLES 14, 19, 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 E.O. No. 209 shall be amended as follows:

“ART. 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-fathermether]
BOTH PARENTS, surviving parent or guardian, or persons having
legal charge of them, [inthe order mentioned]. IN CASES WHERE
THE PARENTS ARE SEPARATED, CONSENT SHOULD BE
PROVIDED BY THE PARENT WHO HAS ACTUAL
CUSTODY OVER THE CONTRACTING PARTY OR, IF THE
LATTER IS NO LONGER LIVING WITH EITHER
PARENTS, BY THE PARENT WHO PREVIOUSLY
EXERCISED CUSTODY. 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

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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 E.0. No. 209 shall be amended as follows:

“Art. 96. The administration and enjoyment of the community
property shall belong to both spouses jointly. [In—ease—of
disagreement,-the-husband’s-deeision-shall-preveil,-subj
implementing—sueh—deeision.] IN CASE OF
DISAGREEMENT, THE SPOUSES MAY OPT TO
RESORT TO THE COURTS, WHICH SHALL THEN
RESOLVE THE DISAGREEMENT BASED ON LAW AND
EQUITY. ON MATTERS RELATING TO THE
DISAGREEMENT, NEITHER OF THE SPOUSES SHALL
UNILATERALLY CARRY OUT ACTS —OF
ADMINISTRATION OVER THE COMMUNITY
PROPERTY WITHOUT FIRST OBTAINING A PROPER
JUDICIAL ORDER. xxx”

SEC. 3. Article 124 of E.0. No. 209 shall be amended as follows:

“Art. 124. The administration and enjoyment of the conjugal

partnership shall belong to both spouses jointly. [hn-ease-of

implementing—sueh—deeision.] IN CASE OF
DISAGREEMENT, THE SPOUSES MAY OPT TO
RESORT TO THE COURTS, WHICH SHALL THEN
RESOLVE THE DISAGREEMENT BASED ON LAW AND
EQUITY. ON MATTERS RELATING TO THE
DISAGREEMENT, NEITHER OF THE SPOUSES SHALL
UNILATERALLY CARRY OUT = ACTS_-—OF:
ADMINISTRATION OVER THE = CONJUGAL



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PARTNERSHIP WITHOUT FIRST OBTAINING A
PROPER JUDICIAL ORDER. xxx”

SEC. 4. Article 211 of E.O. No. 209 shall be amended as follows:

“Art. 211. The father and the mother shall jointly exercise
parental authority over the persons of their common children. [fy
there ise judicial order_te the eontrery.] IN CASE OF
DISAGREEMENT, THE SPOUSES SHALL RESORT TO
THE COURTS WHICH SHALL THEN DECIDE THE
CASE BASED ON THE BEST INTEREST OF THE CHILD.

sox
SEC. 5. Article 225 of E.O. No. 209 shall be amended as follows:

“Art. 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. [hr-ease-of

judieial—order—teo—the—ontrary.] IN CASE OF
DISAGREEMENT, THE SPOUSES SHALL RESORT TO
THE COURTS WHICH SHALL THEN DECIDE THE
CASE BASED ON THE BEST INTEREST OF THE CHILD.

Xxx

SEC. 6. Repealing Claus

executive order, letter of instruction, rule or regulation inconsistent with the

— Any law, presidential decree or issuance,

provisions of this Act is hereby repealed or modified accordingly.

SEC. 7. Separability Clause. — If, for any reason, any section or provision of
this Act is held unconstitutional or invalid, the other sections or provisions hereof shall
not be affected and thereby remain in full force and effect.

SEC. 8. Effectivity Clause. — This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or a newspaper of general

circulation.

Approved,