House panel OKs bill granting equal authority to husbands, wives in managing property

The House committee on women and gender equality has approved a bill granting equal authority to husbands and wives in managing their conjugal property and that of their common minor children. 

The unnumbered substitute bill approved last Monday afternoon, titled Ensuring the Fundamental Equality of Men and Women Under the Laws on Marriage and Family Relations, seeks to amend Articles 14, 96, 124, 211, and 225 of the Family Code which favor the husband’s decision in cases of dispute.

Under the bill, the administration and enjoyment of the conjugal property will belong to both spouses jointly, and any act of administration by either spouse without the consent of the other will be unenforceable until it is subsequently ratified by the non-consenting spouse.

The Family Code defines conjugal property as all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. 

In case of disagreement, the bill mandates spouses to make earnest efforts to settle their differences. Should the spouses fail to enter into a compromise, either spouse is free to go to court for proper remedy in a summary proceeding, which must be availed of within five years from the date the contract was entered thereto, by the parties or upon knowledge of the non-consenting spouse, whichever comes later.

Further, the bill provides that the court, in deciding the case, should consider the best interest of the family.

Damages and expenses of litigation, which did not redound to the benefit of the family, will also be borne by the contracting spouse and should not be charged to the conjugal property.

The present Family Code provides that the administration and enjoyment of the conjugal properties belong to both spouses jointly but in case of disagreement, the husband’s decision should 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.

Common children

The approved bill also provides that the father and the mother should jointly exercise legal guardianship over the property of their minor child without the necessity of a court appointment.

In addition, the bill states that any exercise of guardianship by either parent without the consent of the other should be unenforceable, until it is subsequently ratified by the non-consenting parent.

In case of disagreement, either parent will have the option to go to the court within five years from the date the contract was entered by the parties thereto, or upon knowledge of the non-consenting parent, whichever comes later.

The court, in deciding the case, is also mandated to take into consideration the best interest of the minor child.

Damages and expenses of litigation, which did not redound to the benefit of the minor child, should also be borne by the contracting parent and should not be charged to the property of the minor child.

In a situation when the market value of the property or the annual income of the minor child exceeds P50,000, the parent concerned should be required to furnish a bond in such amount as the court may determine, but not less than 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 minor child resides, or, if the minor child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated.

The existing Family Code provides that the father and the mother should jointly exercise legal guardianship over the property of the minor common child without the necessity of a court appointment but in case of disagreement, the father’s decision will prevail, unless there is a judicial order to the contrary.

Equal authority in issuing consent for children's marriage

Lastly, the bill provides that in the event that either or both of the contracting parties in marriage (man, woman or both) are aged 18 to 21 years old, they would be required to submit documented consent to their marriage from their either parent, guardian, or the person who has legal charge of them, in that particular order.

Under the existing Family Code, the order of the authority who has to give consent should come from the contracting party’s father, mother, the surviving parent, or legal guardian.—AOL, GMA Integrated News