TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 28
25 JUL-2 P4 57
Introduced by Senator PIA S. CAYETANO
AN ACT
PROMOTING GENDER EQUALITY BY AMENDING DISCRIMINATORY 
PROVISIONS AGAINST WOMEN, AMENDING FOR THE PURPOSE ARTICLES 
14, 96, 124, 211, AND 225 OF THE FAMILY CODE, REPEALING ARTICLES 
247, 333, AND 334 OF THE REVISED PENAL CODE, AND ADDING NEW 
ARTICLES TO THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article II, Section 14 of the Constitution guarantees the fundamental equality 
of women and men before the law. As a signatory to the Convention on the 
Elimination of All Forms of Discrimination Against Women (CEDAW), the Philippines 
is likewise committed to eliminating discrimination in all matters relating to marriage 
and family relations.
As a party to the 2030 Agenda for Sustainable Development, the Philippines 
remains steadfast in its commitment to achieving the Sustainable Development Goals 
(SDGs), in particular: SDG 5 (Gender Equality); SDG 10 (Reduced Inequalities) and 
SDG 16 (Peace, Justice and Strong Institutions).
The Philippines is frequently ranked among the most gender-equal countries 
globally according to the annual Gender Gap Report published by the World 
Economic Forum, marking an improvement in its global standing on gender parity.1 
To further advance the Philippines' standing, there is a need to review, repeal, and 
update discriminatory laws against women.
1 Celis, A. (2025). PH rises to 20th in Giobai Gender Gap Report 
https://malaya.conn.ph/news/national-news/ph-rises-to-20th-in-global-gender-gap-report/


Several provisions in the Family Code and the Revised Penal Code, however, 
still reflect outdated patriarchal norms that undermine the rights and voices of 
women in the family and in society. Laws with provisions that are discriminatory 
against women are relics from the past, and must be amended or repealed.
The Philippine Commission on Women (PCW) has consistently called for the 
review of discriminatory laws against women.2 During the 2025 National Women's 
Month Celebration, the PCW highlighted the need to challenge deeply rooted gender 
norms and biases that continue to marginalize women.3
Periodic review of discriminatory provisions against women in various existing 
laws is necessary to ensure that the rights of women, as guaranteed by the 
Constitution, are upheld. This will enable the active participation of women and 
encourage their significant contributions to our national development.
This bill seeks to amend these provisions to ensure equal treatment of 
spouses in marriage, equal parental authority, equitable choice in surnames, and 
gender-neutral standards for offenses relating to marital fidelity. These amendments 
are part of the broader effort to realize its constitutional mandate to protect and 
promote gender equality as well as its commitment under international human rights 
law.
In view of the foregoing, the immediate passage of this proposed measure is 
earnestly sought.
'fJU
»IA S'. CA
ANO
2 Philippine Commission on Women. (2020). Ensuring Women’s Equal Rights in Marriage and Family Relations' 
Amending Articles 14, 19, 124, 211 and 225 of the Family Code of the Philippines
https;//pcw.gov.ph/ensuring-womens-equal-rights-in-marriage-and-family-relations-amending-articles-14-19-124-2
11-and-225-of-the-family-code-of-the-philippines/
3 Philippine Commission on Women. (2025). 2025 National Women's Month Celebration 
Ehttps://pcw.gov.ph/2025-national-womens-month-celebration/


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
SENATE 
S. No.
25 JUL-2 P4;58
Introduced by Senator PIA S. CAYETANO
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AN ACT
PROMOTING GENDER EQUALITY BY AMENDING DISCRIMINATORY 
PROVISIONS AGAINST WOMEN, AMENDING FOR THE PURPOSE ARTICLES 
14, 96, 124, 211, AND 225 OF THE FAMILY CODE, REPEALING ARTICLES 
247, 333, AND 334 OF THE REVISED PENAL CODE, AND ADDING NEW 
ARTICLES TO THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
Section 1. Declaration of Policy. - It is hereby declared the policy of the State 
to recognize and uphoid the role of women in nation-buiiding and to ensure the 
fundamental equality of women and men before the iaw. In line with this, Section 12 
of Republic Act No. 9710, or the "Magna Carta of Women", explicitly provides that the 
State shaii take steps to review and, when necessary, amend and/or repeal existing 
iaws that are discriminatory to women. Towards this end, the State shaii eiiminate aii 
forms of discrimination against women, both in law and in practice, to ensure that the 
development of the Filipino family is founded on principies of fairness, inclusivity, and 
equai treatment.
Sec. 2. Article 14 of the Family Code is hereby further amended to read as 
foiiows:
"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


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their marriage of their father[,] OR mother, surviving parent or guardian, 
or persons having iegai charge of them [in the order mentioned]. Such 
consent shaii be manifested in writing by the interested party, who 
personaiiy appears before the proper iocai civii registrar, or in the form 
of an affidavit made in the presence of two witnesses and attested before 
any officiai authorized by iaw to administer oaths. The personai 
manifestation shaii be recorded in both appiications for marriage iicense, 
and the affidavit, if one is executed instead, shaii be attached to said 
appiications."
Sec. 3. Articie 96 of the Famiiy Code is hereby further amended to read as 
foiiows:
"Art. 96. The administration and enjoyment of the community property 
shaii beiong to both spouses jointiy. In case of disagreement, THE 
ISSUES SHALL BE REFERRED TO A MUTUALLY AGREED THIRD- 
PARTY MEDIATOR FOR RESOLUTION OR TO A COMPETENT 
COURT, WHICH SHALL BE RESOLVED EXPEDITIOUSLY THROUGH 
A SUMMARY PROCEEDING. NEITHER SPOUSE SHALL HAVE A 
SUPERIOR DECISION-MAKING POWER OVER THE OTHER [the 
husband's decision shaii prevaii, subject to recourse to the court by the 
wife for proper remedy, which must be avaiied of within five years from 
the date of the contract impiementing such decision.]
In the event that one spouse is incapacitated or otherwise unabie 
to participate in the administration of the common properties, the other 
spouse may assume soie powers of administration. These powers do not 
inciude 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


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authorization by the court before the offer is withdrawn by either or both 
offerors."
Sec. 4. Article 124 of the Family Code is hereby further amended to read as 
follows:
"Art. 124. The administration and enjoyment of the conjugal partnership 
shall belong to both spouses jointly. In case of disagreement, THE 
ISSUES SHALL BE REFERRED TO A MUTUALLY AGREED THIRD- 
PARTY MEDIATOR FOR RESOLUTION OR TO A COMPETENT 
COURT, WHICH SHALL BE RESOLVED EXPEDITIOUSLY THROUGH 
A SUMMARY PROCEEDING. NEITHER SPOUSE SHALL HAVE A 
SUPERIOR DECISION-MAKING POWER OVER THE OTHER [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.]
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."
Sec. 5. Article 211 of the Family Code is hereby further amended to read as 
follows:
"Art. 211. The father and the mother shall jointly exercise parental 
authority over the persons of their common children. In case of 
disagreement, THE ISSUES SHALL BE REFERRED TO A MUTUALLY 
AGREED THIRD-PARTY MEDIATOR FOR RESOLUTION OR TO A 
COMPETENT COURT, WHICH SHALL BE RESOLVED


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EXPEDITIOUSLY THROUGH A SUMMARY PROCEEDING, AND 
ENSURING THAT ANY DECISION SHALL REDOUND TO THE BEST 
INTEREST OF THE CHILD. NEITHER SPOUSE SHALL HAVE A 
SUPERIOR DECISION-MAKING POWER OVER THE OTHER [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."
Sec. 6. Article 225 of the Family Code is hereby further amended to read 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. In case of disagreement,
THE ISSUES SHALL BE REFERRED TO A MUTUALLY AGREED 
THIRD-PARTY MEDIATOR FOR RESOLUTION OR TO A 
COMPETENT COURT, WHICH SHALL BE RESOLVED 
EXPEDITIOUSLY THROUGH A SUMMARY PROCEEDING, AND 
ENSURING THAT ANY DECISION SHALL REDOUND TO THE BEST 
INTEREST OF THE CHILD. NEITHER SPOUSE SHALL HAVE A 
SUPERIOR DECISION-MAKING POWER OVER THE OTHER [the 
father's decision shall prevail, unless there is a judicial order to the 
contrary].
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 {lQ°/o) 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


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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 a parent has remarried, in which case the ordinary rules on 
guardianship shall apply."
Sec. 7. Article 247 of the Revised Penal Code is hereby repealed.
["Art. 247. Death or Physical Injuries Inflicted Under Exceptional 
Circumstances. — Any legally married person who, having surprised his 
spouse in the act of committing sexual intercourse with another person, 
shall kill any of them or both of them in the act or immediately thereafter, 
or shall inflict upon them any serious physical injury, shall suffer the 
penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be 
exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents 
with respect to their daughters under eighteen years of age, and their 
seducers, while the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife or 
daughter, or shall otherwise have consented to the infidelity of the other 
spouse shall not be entitled to the benefits of this article."]
Sec. 8. Articles 333 and 334 of the Revised Penal Code are hereby 
repealed, and replaced by the following.
["Art. 333. Who are Guilty of Adultery. — Adultery is committed by any 
married woman who shall have sexual intercourse with a man not her


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husband and by the man who has carnal knowledge of her, knowing her 
to be married, even if the marriage be subsequently declared void. 
Adultery shall be punished by prision correcciona! in its medium and 
maximum periods.
If the person guilty of adultery committed this offense while being 
abandoned without justification by the offended spouse, the penalty next 
lower in degree than that provided in the next preceding paragraph shall 
be imposed."]
["Art. 334. Concubinage. — Any husband who shall keep a mistress in the 
conjugal dwelling, or, shall have sexual intercourse, under scandalous 
circumstances, with a woman who is not his wife, or shall cohabit with 
her in any other place, shall be punished by prision correccionai in its 
minimum and medium periods.
The concubine shall suffer the penalty of destierro.'"\
"ART. 333. WHO ARE GUILTY OF MARITAL INFIDELITY. - ANY 
MARRIED PERSON WHO ENGAGES IN SEXUAL INTERCOURSE OR 
MAINTAINS A ROMANTIC OR SEXUAL RELATIONSHIP WITH A 
PERSON OTHER THAN THEIR LEGAL SPOUSE SHALL BE GUILTY 
OF MARITAL INFIDELITY AND SHALL SUFFER THE PENALTY OF 
PRISIONCORRECCIONALm ITS MINIMUM PERIOD.
THE SAME PENALTY SHALL BE IMPOSED ON THE THIRD PARTY 
WHO KNOWINGLY MAINTAINS OR ENGAGES IN A ROMANTIC OR 
SEXUAL RELATIONSHIP WITH A PERSON WHO IS LEGALLY 
MARRIED.
IF THE OFFENSE CAUSES IRREPARABLE BREAKDOWN OF THE 
MARRIAGE OR THE FAMILY, OR RESULTS IN MENTAL OR 
EMOTIONAL DISTRESS TO THE OFFENDED SPOUSE, THE PENALTY 
SHALL BE PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD." 
"ART. 334. PRESCRIPTION OF MARITAL INFIDELITY. - THE 
PROSECUTION FOR MARITAL INFIDELITY MAY BE INITIATED 
ONLY UPON THE COMPLAINT OF THE OFFENDED SPOUSE, AND 
MAY NOT BE INSTITUTED AFTER THE LAPSE OF FIVE (5) YEARS


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FROM THE DISCOVERY OF THE OFFENSE. FORGIVENESS OR
CONDONATION BY THE OFFENDED SPOUSE PRIOR TO THE
FILING OF THE CASE SHALL EXTINGUISH CRIMINAL LIABILITY.
Sec. 9. Implementing Rules and Regulations. - The Department of Justice and 
the Philippine Commission on Women shall promulgate the necessary implementing 
rules and regulations within 90 days from the effectivity of this Act.
Sec. 10. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect.
Sec. 11. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of Instruction, rule or regulation inconsistent with the provisions of this 
Act is hereby repealed or modified accordingly.
Sec. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days following 
its complete publication in the Official Gazette or a newspaper of general circulation.
Approved,