Bill to amend the Family Code

Lawmakers have filed a measure amending the provisions of the Family Code on
marriage and family relations.
House Bill 4613 authored y !eputy "peaker Henedina #ad $Lone !istri%t&
Batanes' and (ep. )aka Bag*ao $Lone !istri%t& !inagat +slands' seeks to eliminate the
dis%rimination against women relating to marriage of a son or daughter and matters
relating to family relations.
#ad said the ill mandates that the est interest of the family and %hildren shall e
%onsidered in making de%isions on matters involving the e,er%ise of parental authority and
the administration of properties during their marriage.
#ad %ited #rti%le ++& "e%tion 14 of the Constitution& whi%h re%ogni-es the role of
women in nation uilding and shall ensure the fundamental e.uality efore the law of
women and men.
/he ill seeks to amend #rti%le 14& 06& 114& 111 and 112 of 3,e%utive 4rder 5o.
160 otherwise known as the Family Code of the 7hilippines.
#ad said #rti%le 14 of the Code gives undue preferen%e to the father in giving
%onsent to marriage of a son or daughter.
8#rti%le 14 states that in %ase either or oth of the %ontra%ting parties& not having
een eman%ipated y a previous marriage& are etween the ages of eighteen and twenty*
one& they shall& in addition to the re.uirements of the pre%eding arti%les& e,hiit to the
lo%al %ivil registrar& the %onsent to their marriage of their father& mother& surviving parent
guardian& or persons having legal %harge of them& in the order mentioned&9 #ad
e,plained.
#ad said the ill proposes to amend this parti%ular provision y %hanging the
%omma after the word father to 4( whi%h also gives the mother the %onsent to de%ide on
the marriage of a son or daughter.
#t present& #ad said #rti%les 06 and 114 provide :oint administration y the
husand and wife of the asolute %ommunity property and the %on:ugal partnership of
gains& whi%h under the law gives preferen%e to the de%ision of the husand in %ase of
disagreement.
;nder the ill& #rti%le 06 is now read as follows< 8/he administration of the
%ommunity property shall elong to oth spouses :ointly= any e,er%ise of a%ts of
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JUNE 28, 2014
administration y either spouse without the %onsent of the other shall e without effe%t&
until it is suse.uently approved y the non*%onsenting spouse. 3ither spouse may elevate
the matter efore the %ourt within 2 years from the date the %ontra%t was entered y the
parties thereto& or upon knowledge of the non*%onsenting spouse& whi%hever %omes later&
the %ourt& in de%iding the %ase& shall take into %onsideration the est interest of the family&
damages and e,penses of litigation whi%h did not redound tot eh enefit of the family
shall e orne y the %ontra%ting spouse and shall not e %harged to the %ommunity
property.9
#ad said #rti%le 114 on the administration of the %on:ugal partnership of the
Family Code is likewise amended to in%lude the paragraphs 8any e,er%ise of a%ts of
administration y either spouse without the %onsent of the other shall e without effe%t&
until it is suse.uently approved y the non*%onsenting spouse. 3ither spouse may elevate
the matter efore the %ourt within 2 years from the date the %ontra%t was entered y the
parties thereto& or upon knowledge of the non*%onsenting spouse& whi%hever %omes later&
the %ourt& in de%iding the %ase& shall take into %onsideration the est interest of the family&
damages and e,penses of litigation whi%h did not redound to the enefit of the family
shall e orne y the %ontra%ting spouse and shall not e %harged to the %on:ugal
partnership.9
4n the other hand& Bag*ao said #rti%les 111 and 112 give :oint parental authority
over the person and legal guardianship over the property of the %ommon %hildren to oth
parents. #gain& in %ase of disagreement& the father>s de%ision should e followed.
Bag*ao said the proposed measure %orre%ts this y inserting the phrase 8either
spouse may elevate the matter efore the %ourt& whi%h shall de%ide& taking into
%onsideration the est interest of the %hildren.9 $36' lvc