| HOUSEOF REPRESENTATIVES
Republic of the Philippines | RECEIVED

HOUSE OF REPRESENTATIVES | DATE SUE 2078
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Quezon City, Metro Manila Pomme 4dg
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SEVENTEENTH CONGRESS |
First Regular Session i ISTRATION UNIT
| BILLS AND INDEX SEA VICE
House BILL No,_ 2459

Introduced by REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

The Constitution guarantees the principle of equality between women and men
(“Article II, Section 14: The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men”),

Executive Order No. 209 (“Pamily Code”) was signed into law by former President
Corazon C, Aquino on 06 July 1987. It took effect on 03 August 1988, one year after its
publication.

By its enactment, the Family Code expressly repealed several articles in Republic Act
No, 386 (“New Civil Code”), namely: on marriage (Arts. 52 to 96), legal separation (Arts, 97
to 108), rights and obligations between husband and wife (Arts. 109 to 117), property
relations between husband and wife (Arts. 118 to 215), on the family (Arts. 216 to 254), on.
paternity and filiation (Arts. 255 to 289), on support (Arts. 290 to 304), on parental authority
(Arts, 311 to 355), and on emancipation and age of majority (Arts. 397 to 406). Some
portions of Presidential Decree No. 603 (“Child and Youth Welfare Code”) were likewise

repealed,

‘The Family Code, however, remains flawed because it continues to operate under the
outmoded presumption of the superiority of men’s decisions over those of women’s. On
matters pertaining to the management and administration of family affairs, the decision of the
male spouse continues to prevail. This is true in matters of giving consent to the marriage of
parties between the ages eighteen and twenty-one (Article 14), the administration and
enjoyment of the community property (Article 96), the administration and enjoyment of the
conjugal partnership (Article 124), the exercise of parental authority over the persons of


common children (Article 211), and the exercise of legal guardianship over the property of
the unemancipated common child (Article 225).

‘The proposed measure seeks to amend the aforementioned provisions of the Family
Code that has already amended the New Civil Code. The bill does not intend to amend and/or
repeal any of the existing provision of the Civil Code, nor is the bill proposing the
amendment and/or repeal of any existing provision of the Family Code itself that are outside
the contemplation of the said afticles,

Further, the bill seeks to provide flesh to the imperative set forth in Republic Act No.
9710 ("Magna Carta of Women"): “

necessary, amend and/or repeal existing laws that are discriminatory to women within three

section 12, The State shall take steps to review and, when
(3) years from the effectivity of this Act.”

This measure was filed in the 16th Congress as House Bill No. 5502 by this
Representation as one of the principal authors. House Bill No. 5502 consolidates House Bill
Nos, 85, 1652, and 4613. T
Women and Gender Equality as Report Number 577.

s has been subsequently reported out by the Committee on

In view of the measure’s approval at the Committee level in the immediately
preceding Congress, and considering its primacy as one of the principal women’s legislative

agenda, approval of this bill is earnestly sought.

MARTA LOURDES ACOSTA-ALBA

. * First District, Bukidnon



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

SEVENTEENTH CONGRESS.
First Regular Session

1153

HOUSE BILL NO.

Introduced by REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

AN ACT
FUNDAMENTAL EQUALITY OF MEN AND WOM
PURPOSE ARTICLES 14, 96, 124, 211 AND 225 OF
EXECUTIVE ORDER NO. 209 OTHERWISE KNOWN AS THE FAMILY CODE OF
THE PHILIPPIN!

ENSURE

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, series of 1987, as amended, is further
amended 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 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
law to administer oaths. The

and attested before any official authorized
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."

SECTION 2. Article 96 of Executive order No. 209, series of 1987, as amended, is further
amended 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
cither 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, 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
hhe court,

knowledge of the non-consenting spouse, whichever comes later.
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.

In the event that one spouse is incapacitated or otherwise unable to participate
in the administration of the common properties, the other spouse may assume
sole powers of administration. These powers do not include the powers of
disposition or encumbrance without the authority of the court or the written
consent of the other spouse, In the absence of such authority or consent, the
disposition or encumbrance shall be void. However, the transaction shall be
construed as a continuing offer on the part of the consenting spouse and the
third person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn
by either or both offerors."

SECTION 3. Article 124 of Executive order No. 209, series of 1987, as amended, is further
amended 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 itis
subsequently approved by the non-consenting spouse. In case of
disagreement, 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 shall not be
charged to the conjugal partnership.


In the event that one spouse is incapacitated or otherwise unable to participate
in the administration of the conjugal properties, the other spouse may assume
sole powers of administration. These powers do not include disposition or
encumbrance without authority of the court or the written consent of the other
spouse. In the absence of such authority or consent, the disposition or
encumbrance shall be void. However, the transaction shall be construed as a
continuing offer on the part of the consenting spouse and the third person, and

may be perfected as a binding contract upon the acceptance by the other

spouse or authorization by the court before the offer is withdrawn by either or
both offerors."

SECTION 4. Article 211 of
amended as follows:

Executive order No, 209, series of 1987, as amended, is further

"Arti
authority over the persons of their common children. In case of disagreement,

le 211, The father and the mother shall jointly exercise parental

either spouse may elevate the matter before the court, which shall decide,
taking into consideration the best interest of the children.

XXX XXX"

ECTION
amended as follows:

Article 225 of Executive order No, 209, series of 1987, as amended, is further

"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, either spouse

may elevate the matter before the court, which shall decide taking into
consideration the best interest of the child.

Where the market value of the property or the annual income of the child
exceeds P50,000, the parent concerned shall be required to furnish a bond in
such amount as the court may determine, but not less than ten per centum
(10%) of the value of the property or annual income, to guarantee the
performance of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be filed in the proper court of
the place where the child resides, or, if the child resides in a foreign country,
in the proper court of the place where the property or any part thereof is
situated.


The petition shall be docketed as a summary special proceeding in which all

incidents and issues regarding the performance of the obligations referred to in

the second paragraph of this Article shall be heard and resolved.

The ordinary rules on guardianship shall be merely suppletory except when
the child is under substitute parental authority, or the guardian is a stranger, or
4 parent has remarried, in which case the ordinary rules on guardianship shall

apply."

SECTION 6. Separability Clause. If any provision of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions not affected
thereby.

SECTION 7. Repealing Clause. All laws, decrees,
issuances inconsistent with the provisions of this Act are hereby repealed or modified

rules and regulations, and other

accordingly

SECTION 8. Effectivity. This Act shall take effect fifteen (15) days after its complete
publication in either the Official Gazette, or in two (2) newspapers of general circulation.

Approved,