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oie 23.JUL 2018

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

SIXTEENTH CONGRESS
First Regular Session

House Bill No,__ 1652

Introduced by HON. LINABELLE RUTH 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 II 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.

Bills on this subject were filed during the 15" Congress and were referred to the Committee on
Women and Gender Equality. Due to time constraints however, no further actions were taken on these
bills, This bill is filed for the consideration of the 16 Congress.

Support for the enactment of this measure is earnestly requested.

SeViklaruen

REP. LINABELLE RUTH R. VILLARICA


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

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1652

Introduced by HON. LINABELLE RUTH 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 [,] 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 persona
lly 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. [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.]

XXX XXX


SEC. 3. 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.]

sx Xxx

SEC. 4, 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 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 XXX

SEC. 5. 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. 6. Repealing Clause. - All laws, decrees, rules and regulations, or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly

SEC. 7. 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,