HOUSE OF REPRESENTATIVES
RECEIVED

pate, 93 AUG 2016
Republic of the Philippines vases MDa
HOUSE OF REPRESENTATIVES. BY:

Quezon City

REGISTRATION UNF

SEVENTEENTH CONGRESS {BILLS AND INDEX SERVIC

First Regular Session

HousE BILL No, £368

AN ACT ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN, AMENDING FOR
‘THE PURPOSE ARTICLES 14, 96, 124,211 AND 255 OF EXECUTIVE ORDER NO. 209
OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Introduced by REP. HENEDINA RAZON- ABAD

EXPLANATORY NOTE

Article II Section 14 of the Constitution recognizes the role of women in nation-building, and
ensures the fundamental equality before the law of women and men. Section 12 of Republic Act No.
9710, otherwise known as the Magna Carta of Women provides that existing laws that are
discriminatory to women shall be reviewed, amended and/or repealed. ‘The foregoing
notwithstanding, the Family Code is stil rife with discriminatory provisions,

Article 14 gives undue preference to the father over the mother in giving consent to marriage
of the son or daughter. While Articles 96 and 124 provide joint administration by the husband and
wile of the absolute community property and the conjugal partnership of gains, the law gives
preference to the decision of the husband in case of disagreement. Articles 211 and 225 give joint
parental authority over the person and legal guardianship over the property of the common children
to both parents. Again, in case of disagreement, the father’s decision is given preference.

‘This bill seeks to rectify the inequalities in Article 14, 96, 124, 211 and 225 of the Family Code
by eliminating patent discrimination against women in matters relating to marriage and family
relations. It also mandates that the best interest of the family and children shall be considered in
making decisions on matters involving the exercise of parental authority and the administration of
properties during the marriage.

In view of the foregoing reasons, the immediate passage of this bill is urgently sought.

HENEDINA, N- ABAD
Lone Districf Batanes


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by REP. HENEDINA RAZON- ABAD

AN ACT ENSURING THE FUNDAMENTAL EQUALITY OF MEN AND WOMEN,
AMENDING FOR THE PURPOSE ARTICLES 14, 96, 124, 211 AND 255 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 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.”


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Section 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-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 WITH

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 COMMUNITY PROPERTY.”

XXX

Section 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


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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 T0 THE CONJUGAL PARTNERSHIP.”
xxx
Section 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.”

XXX
Section 5. Article 225 of Executive Order No. 209 is hereby amended to read as

follows:


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“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.] EITHER SPOUSE
MAY ELEVATE THE MATTER BEFORE THE COURT, WHICH SHALL DECIDE

TAKING INTO CONSIDERATION THE BEST INTEREST OF THE CHILD.”

Section 6, Separability Clause - If any provision of this Act is declared invalid,
the remainder or any of this provision hereof not affected thereby shall remain in force
and effect,

Section 7. Repealing Clause - All laws, decrees, executive orders, presidential
issuances and other administrative rules and regulations or parts thereof which are
inconsistent with this Act are hereby repealed, amended or modified accordingly.

Section 8. Effectivity - This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation,

Approved,