HOUSE OF REPRESENTATIVES
RECEIVED
Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

RIeSTATION UNIT
BILE S AND éNDEX

BPH
House BILL No,_375

Introduced by GABRIELA WOMEN’S PARTY
Representatives ARLENE D. BROSAS and EMMI A. DE JESUS

EXPLANATORY NOTE

The Family Code of the Philippines provides that:

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 father, 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.

Art. 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.

Children shall always observe respect and reverence towards their parents
and are obliged to obey them as long as the children are under parental
authority.

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. In case of disagreement, the father's decision shall
prevail, unless there is a judicial order to the contrary.

XXX

The underscored show that the law gives premium to the father’s decision in matters
pertaining to their children, from exercising authority over their persons and
properties to withholding or giving consent to their child's marriage.

The abovementioned provisions are inconsistent with the concepts of equality and
non-discrimination. These disregard the contribution of mothers and the important
role they play in the rearing of their children. Furthermore, these provisions put in


question the capability of mothers in making sound decisions in matters affecting
their children.

It should be remembered that matters pertaining to rearing and guidance of children
should always be decided upon by both parents. It is their shared responsibility to
ensure that the best interest of their children be upheld at all times. This, however,
cannot be achieved when the father’s decision shall always prevail in cases of
disagreement, setting aside the mother's opinion even if the latter seems to be better
than that of the father.

It may be argued that the mother is not left without any recourse as she can seek
judicial order to overturn her husband's decision. However, the arduous court
process discourages many mothers from seeking this relief, especially so when they
are financially dependent upon their husbands, which is not an isolated scenario.

This bill seeks to amend the abovementioned provisions in the Family Code to
remove the preferential treatment for the father’s decision in matters concerning
children. It seeks to harmonize the Family Code with the Magna Carta of Women.
The amendments will serve as responses to our international commitments sustained
in the Fourth World Conference on Women Declaration (Beijing, 1995), Convention
‘on the Elimination of All Forms of Discrimination Against Women and the United
Nations Convention on the Rights of the Child.

From the foregoing, the passage of this bill is earnestly sought.

oad Aine
REY. ARLENE D. BROSAS REP. EMMI A. fe JESUS

Gabriela Women’s Party Gabriela Women’s Party


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

SEVENTEENTH CONGRESS
First Regular Session

375
HOUSE BILL NO.

Introduced by GABRIELA WOMEN’S PARTY
Representatives ARLENE D. BROSAS and EMMI A. DE JESUS

AN ACT AMENDING ARTICLES 14, 211, AND 225 OF THE FAMILY CODE OF THE
PHILIPPINES

Be it enacted by the Senate and House of Representatives in Congress
assembled:

SECTION 1. Articles 14, 211 and 225 of the Family Code of the Philippines are hereby
amended to read 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 EITHER of their father, 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.

Art. 211. The father and the mother shall jointly exercise parental authority

over the persons of their common children, #n-case-of disagreement, the
father's-decision shall prevail, unless there isa judicial order to-the contrary:

Children shall always observe respect and reverence towards their parents
and are obliged to obey them as long as the children are under parental
authority.


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. iidieeticote:
decision-shalt-_prevail, unless-th dick the-contrary:

SECTION 2. This Act shall take effect immediately upon approval.
Approved,