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SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
F irst R e gular Session ) *16 AUG 23 P6:11

SENATE R F( r »\ :

S. B. No. 1 °63

Introduced by S E N A TO R JO E L “T E S D A M A N ” V ILLA N U E V A

AN ACT
AMENDING SECTIONS 2 AND 3 OF REPUBLIC ACT NUMBER
8187, OTHERWISE KNOWN AS THE “ PATERNITY LEAVE ACT
OF 1995” AND FOR OTHER PURPOSES

EXPLANATORY NOTE
A com m on-law m arriago is a relationship between a man and a wom an
w ho live exclusively with each other ju st like a husband and wife w ithout the
benefit o f m arriage o r when the m arriage is void. Under the Fam ily Code, the
effects o f a com m on-law relationship is expressly recognized. For instance,
property relations between a man and a wom an in a com m on-law relationship
are expressly governed under the Fam ily Code (Art. 147). Even illegitim ate
children o f com m on-law spouses are entitled to support (Arts. 195, 196, 197,
200, and 201, Fam ily Code o f the Philippines) and to inheritance (Art. 988 to
994, Civil Code o f the Philippines). Moreover, no license is necessary fo r the
m arriage o f a man and a wom an who have lived together as husband and wife
fo r at least five years and w ithout legal im pedim ent to m arry each other are
exem pt from the requirem ent o f m arriage license should they decide to get
married (Art. 34, Fam ily Code o f the Philippines).

The ‘live-in” relationship, also called “com m on-law relationship” is

common in the Philippines. In 2007, the total population o f the Philippines is
88.6 million. O f the household population 10 years old and over, 45.3 percent
o f the population were married w hile 44.3 percent w ere never married. Those
in comm on law relationship are placed at 4.5% o r alm ost fo u r (4) million o f the
population, with the proportion o f fem ales higher than men (50.7% ) [PCW , 13
May 2014). Although the proportion o f the population in com m on-law