Beruflich Dokumente
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Ensuring Women’s Equal Rights in Marriage and Family Relations:
REMOVING INEQUALITIES IN THE ADMINISTRATION AND ENJOYMENT OF COMMUNITY PROPERTY OR
CONJUGAL PARTNERSHIP UNDER THE FAMILY CODE
This policy brief provides the rationale for amending Articles 96 and 124 of the Family Code of the Philippines. It puts together
illustrations on how traces of inequality between the spouses are still maintained in the said law, as well as legal and practical
bases for policy makers to address the issue.
WHAT IS THE ISSUE? decision making should be one’s qualification or
The Family Code of the Philippines (FCP) is believed to fitness to make decisions, but the present law is
be rife with provisions that implement the declared oblivious as to who between the spouses can make a
policy of the State under the Constitution to ensure better decision borne out of professional, educational
fundamental equality before the law between women or personal experiences on managing family matters. It
and men. Among the provisions often cited are Articles blindly presumes that the man will always know the
96 and 124 which provide for the joint administration best thing to do with the property. The wife will have
by husband and wife of the absolute community of to resort to filing a case in court for her decision to be
property and the conjugal partnership of gains, respected.
respectively.
WHY IS THE ISSUE IMPORTANT?
Article 96 of the Family Code of the Philippines (FCP) Articles 96 and 124 still reflect the age‐old view that
provides that: the decision of the husband shall prevail in family
“Art. 96. The administration and enjoyment of the community matters. The said provisions discriminate against
property shall belong to both spouses jointly. In case of women by using the proxy standard of sex in
disagreement, the husband's decision shall prevail, subject to
recourse to the court by the wife for proper remedy, which
presuming that all males are more intelligent, wiser,
must be availed of within five years from the date of the possess better judgment, and are therefore more fit to
contract implementing such decision. make decisions than their wives.
In the event that one spouse is incapacitated or otherwise
unable to participate in the administration of the common The fact that the law gives the wife five years within
properties, the other spouse may assume sole powers of which to sue in order to question the contract entered
administration. These powers do not include disposition or
encumbrance without authority of the court or the written into by her husband does not recreate the balance. To
consent of the other spouse. In the absence of such authority or be able to avail of this remedy, the wife has to have
consent, the disposition or encumbrance shall be void. However,
the transaction shall be construed as a continuing offer on the
the resources to hire a lawyer, take the risk of suing
part of the consenting spouse and the third person, and may be her husband and worst, strain their marital relations,
perfected as a binding contract upon the acceptance by the which may cause further deterioration of the family.
other spouse or authorization by the court before the offer is
withdrawn by either or both offerors.” (emphasis supplied)
WHAT ARE THE EXISTING LEGISLATIONS OR
POLICY ISSUANCES RELATED TO THE ISSUE?
The same provision is repeated in Article 124 of the
Republic Act No. 9710 or the Magna Carta of Women
Code, except that Article 124 applies to conjugal
provides that the government shall take all
partnership of gains1.
appropriate measures to eliminate discrimination
against women in all matters relating to marriage and
While the provision on joint administration of property
family relations. This includes ensuring that women
is a welcome development, the law proceeded with
and men have the same rights with respect to the
giving preference to the decision of the husband in
ownership, acquisition, management, administration,
case of disagreement with the wife. The basis of
enjoyment, and disposition of property. Further, the
1 provision on equal treatment before the law mandates
Conjugal Partnership of Gains is the default property relations prior to the
effectivity of the Family Code of the Philippines on August 3, 1988.
REMOVING INEQUALITIES IN THE ADMINISTRATION AND ENJOYMENT OF COMMUNITY PROPERTY OR
CONJUGAL PARTNERSHIP
PCW Policy Brief August
No. 7 2013
the State to take steps to review and amend and/or disposition of property, whether free of charge or for a
repeal existing laws that are discriminatory to women, valuable consideration.”
which include FCP Articles 96 and 124.
Alignment with National Priorities
WHAT ARE THE CONSIDERATIONS IN The proposed amendment is also consistent with item
ADDRESSING THIS ISSUE IN THE COUNTRY? 13 on Gender Equality of the government’s 16‐Point
Agenda which states, “from a lack of concern for
Promoting women’s rights and gender equality gender disparities and shortfall, to the promotion of
Removing the preferential treatment for the husband’s equal gender opportunity in all spheres of public
decision in case of disagreement with the wife in the policies and programs. “
enjoyment and administration of absolute community
or conjugal partnership of gains will contribute to More importantly, it responds to the mandate of
promoting women’s rights, ensuring equality before Congress under the Magna Carta of Women to amend
the law between husband and wife, and transforming or repeal laws that are discriminatory to women.
gender relations between the spouses.
POLICY RECOMMENDATION
Responding to International Commitments It is recommended that Articles 96 and 124 be
The Fourth World Conference on Women Declaration amended by repealing the entire second sentence of
(Beijing, 1995) states that “equal rights, opportunities the first paragraph of both provisions.
and access to resources, equal sharing of
responsibilities for the family by men and women, and Instead of favoring the decision of the husband, the
a harmonious partnership between them are critical to law should just require the consent of both spouses
their well‐being and that of their families as well as to since the property involved is one that belongs to their
the consolidation of democracy.” community or conjugal property which they own in
equal parts. This will encourage mutual decision
Repealing the second sentence in paragraph one of making which will contribute to strengthening the
both Articles is consistent with the Philippine family as a basic unit of our society.
Government’s State Obligation under the Convention
on the Elimination of All Forms of Discrimination CONCLUSION
Against Women (CEDAW), particularly Article 16.1.h, Legislative proposals to repeal the said provisions in
which mandates State Parties to “take all appropriate the Family Code were filed but remained pending
measures to eliminate discrimination against women during the previous Congress despite strong legal and
in all matters relating to marriage and family relations practical bases. It is hoped that, in the interest of
and in particular shall ensure, on a basis of equality of fulfilling their mandate under the Constitution and the
men and women: …(h) The same rights for both Magna Carta of Women, our legislators will prioritize
spouses in respect of the ownership, acquisition, and favor the immediate enactment of a law to amend
management, administration, enjoyment and the said provisions.#
PCW Policy Briefs aim to stimulate informed discourse and guide policy actions on issues concerning the
empowerment of women and promotion of gender equality.
OFFICE OF THE PRESIDENT
Philippine Commission on Women
1145 J. P. Laurel Street, San Miguel, 1005 Manila
http://www.pcw.gov.ph | pdad@pcw.gov.ph | +632 735‐8918
REMOVING INEQUALITIES IN THE ADMINISTRATION AND ENJOYMENT OF COMMUNITY PROPERTY OR
CONJUGAL PARTNERSHIP