Republic of the Philppines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 1148

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

EXPLANATORY NOTE
The Family Code of the Philippines provides that:

Art. 14. Incase 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 quardian, 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
focal 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 icense, 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
chikiren. 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.

0K

The underscored provisions 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 withholling 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 roke they play in the rearing of their chikiren.
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. Itis their shared responsibilty to ensure that the best interest of their chikdren be ‘upheld
at all times. This, however, cannot be achieved when the father’s decisions 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 lft 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
relef, 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 forthe 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 intemational commitments
sustained in the Fourth World Conference on Women Declaration (Beijing, 1995), Convention on the
Eimination of All Forms of Discrimination Against Women and the United Nations Convention on the Rights
of the Child

The urgent passage of this bills eamestly sought.

ws
E SAS
Gdiriela Women’s Party

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FRANCE L. CASTRO SARAA JAE | ELAGO EUFBMIA C. CULLAMAT
ACT Teachers Partylist fbataay|Partylist Bayan Muna Partylist

CARLOS ISAGANIT. ZARATE INAND R. GAITE
Bayan Muna Partylist Bayan Muna Partylist


Repubic of the Philppines
HOUSE OF REPRESENTATIVES
Batasan Hill, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. “" "" 1148

Introduced by
REP. ARLENE D. BROSAS (Gabriela Women’s Party),
REP. FRANCE L. CASTRO (ACT Teachers Partylist), REP. SARAH JANE |. ELAGO (Kabataan Partylist),
REPS. EUFEMIA C. CULLAMAT, CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE (Bayan Muna)

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, OR
mother, surviving parent or guardian, or persons having legal charge of them IN CASE THERE IS NO SURVIVING
PARENT 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 appications for marriage icense, and the affidavit, if one is executed instead, shall be attached
to said appications

Art. 211. The father and the een oe] pnts exercise asc authority over: fhe persons of their common
children. Incase of disagreement.

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 joint exercise legal guardianship over the property of the
unemancipated common child without the necessity of a court appointment. Ir-case-of disagreement, the father's

SECTION 2. Repealing Clause. All laws, presidential decrees, executive orders, rules and regulations and
other issuances, of any part thereof, inconsistent with this Act are hereby repealed, modified or amended
excordingl,

SECTION 3. Effectivity Clause. This Act shall take effect fifteen (15) days after its publcation in the Official
Gazette or in at bast two (2) newspapers of general circulation

Approved,