Family Code Amendments: Article 111

Sponsorship Speech
FAMILY CODE AMENDMENTS: ARTICLE 111
(SB No. 480 Committee Report No.6)
By: SEN. PIA S. CAYETANO

Mr. President, I rise to sponsor Senate Bill No. 480 under Committee Report No. 6 entitled “AN ACT AMENDING ARTICLE 111 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES”.

Mr. President, I rise to sponsor Senate Bill No. 480 under Committee Report No. 6 entitled “AN ACT AMENDING ARTICLE 111 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES”.

This is the second of a series of bills that your Committee on Youth, Women and Family Relations will present seeking to amend several provisions of the Family Code.

Mr. President, since the Family Code took effect in 1988, numerous laws governing family relations have been enacted — some affecting, and even amending or superseding several provisions contained in the Code.

One of these provisions is Article 111 which reads:

“A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same.”

We should recall that at the time the Family Code came into effect in 1988, Mr. President, the majority age was 21 years. Since emancipation takes place upon attainment of majority age, at that time, it was possible to have a situation wherein a person aged 18, 19 or 20 was married but was not yet “of legal age.” Consequently, the framers of the Code felt the need to specify under Article 111 that a spouse must be of age before he or she can dispose of his or her exclusive property.

However, on December 13, 1989, the age of majority was lowered to 18 years by virtue of Republic Act No. 6908. This law affected all Family Code provisions relating to the age of majority and explicitly amended several provisions of the Family Code.[i]

As a result, certain words in Article 111 have become superfluous because the marriageable age is now the same as the age of emancipation – 18. All married persons should now be able to mortgage, encumber, alienate or otherwise dispose of his or her exclusive property without the consent of the other spouse.

Thus, the phrase “spouse of age” in Article 111 should be replaced with the more accurate phrase “either spouse” since at present, a person must necessarily be of age to be a spouse.

For the same reason, Mr. President, the last phrase of Article 111, which states “without the consent of the other spouse and appear alone in court to litigate with regard to the same” should also be deleted. However, the deletion of this last phrase should not mean that consent from the other spouse is needed. The following considered, Article 111 should read as follows:

Article 111. Either spouse may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property.
Mr. President, these are simple amendments to clarify Article 111 of the Family Code and make it consistent with existing laws specifically RA 6908. For these reasons, I urge for the immediate approval of Senate Bill No. 480 under Committee Report No. ­­­6.

Thank you.

[i] TITLE X (EMANCIPATION AND AGE OF MAJORITY)

Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years.

Emancipation also takes place:

(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)

Art. 235. The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded. (n)

Art. 236. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life. (412a)

Art. 237. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register. (n)

 

 

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