Thursday, September 20, 2007
Bill - Hon. Daisy J. Nepomuceno
Republic of the Philippines
YOUTH CONGRESS
Quezon City
THIRD YOUTH CONGRESS
House Bill No.________
Introduced by Hon. Daisy J. Nepomuceno
EXPLANATORY NOTE
Section 14 of Article II of the 1987 Constitution provides that the state recognizes the role of woman in nation building and shall ensure the fundamental equality before the law of women and men. In accordance with this provision in our constitution, equality between men and women shall be ensured and be practice by the State. All practices and systems that provides inequality between men and women and those that are disadvantageous and discriminative to the latter by means of gender that is not a relevant factor in distinction shall be rectified or be ended.
However, under the provisions of the New Family Code and of the Civil Code of the Philippines, a legally separated woman is not specifically granted to use her maiden name and surname either.
For that reason, the approval of this bill is earnestly urged to promote equality between men, as well as for the development of women in Philippine society. By allowing Filipino women to use their surnames as a part of their individuality after legal separation, we shall be upholding their rights and their dignity at the same time eliminating historical inequality.
DAISY JAVERINA NEPOMUCENO
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FOURTEENTH CONGRESS
House Bill No.________
Introduced by Hon. Daisy J. Nepomuceno
AN ACT
ALLOWING LEGALLY SEPARATED WOMEN TO USE THEIR MAIDEN FIRST NAME AND SURNAME, AMENDING FOR THE PURPOSE ARTICLE 372 OF REPUBLIC ACT NO. 386, AS AMENDED, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES AND ARTICLE 63 OF THE EXECUTIVE ORDER NO. 209 OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES
Be it enacted by the senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 372 of R.A. 386, is hereby amended to read as follows:
“Art. 372. When legal separation has been granted, the wife HAS THE FOLLOWING OPTIONS:
TO continue using her name and surname employed before the legal separation, OR
USE HER MAIDEN FIRST NAME AND SURNAME.
SEC 2. Article 63 of Executive Order No. 209, series of 1997 otherwise known as the Family Code of the Philippines is hereby further amended by adding a new paragraph to be numbered as paragraph 5 and to read as follows:
Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.”
(5) THE WIFE SHALL BE ALLOWED TO CONTINUE USING HER NAME BEFORE THE LEGAL SEPARATION OR HER MAIDEN FIRST NAME AND SURNAME
SEC 3. All laws, decrees, orders, issuances, inconsistent with the provisions of this Act, are hereby repealed or amended accordingly.
SEC 4. This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
Approved,Labels: family
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