Civil Code Of the Philippines

Civil Code of the Philippines:Emancipation and Age of Majority (RA 6809)

 REPUBLIC ACT NO. 6809
AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS,
AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND
FOR OTHER PURPOSES
Sec. 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is
hereby amended to read as follows:
“Art. 234. Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen years.”
Sec. 2. Articles 235 and 237 of the same Code are hereby repealed.
Sec. 3. Article 236 of the same Code is also hereby amended to read as follows:
“Art. 236. Emancipation 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, save
the exceptions established by existing laws in special cases.
“Contracting marriage shall require parental consent until the age of twenty-one.
“Nothing in this Code shall be construed to derogate from the duty or responsibility of
parents and guardians for children and wards below twenty-one years of age mentioned in the
second and third paragraphs of Article 2180 of the Civil Code.”
Sec. 4. Upon the effectivity of this Act, existing wills, bequests, donations, grants,
insurance policies and similar instruments containing references and provisions favorable to
minors will not retroact to their prejudice.
Sec. 5. This Act shall take effect upon completion of its publication in at least two (2)
newspapers of general circulation.
Approved: December 13, 1989
 Emancipation is the extinguishments of parental authority. It takes place at the age
of 18.
 The problem with R.A. No. 6809, being a piece meal amendment, it does not take
care of all references in the Civil Code with reference to the age of majority.
 One defect of R.A. No. 6809 is that it restores the distinction between perfect and
imperfect emancipation. The Family Code removed the distinction which RA 6809
restored. Thus, although 18 is the age of emancipation:
1. Persons between 18 to 21 still need parental consent for marriage.
2. Parents or guardians are liable for the quasi-delicts of persons who are already 18
years old under Article 2180 until he reaches the age of 21.

According to Professor Balane, this is crazy. The basis for vicarious liability is
parental authority. Since parents and guardians no longer exercise parental
authority, they should no longer be made liable. This is unjust because the
parents are no longer in a position to prevent their emancipated children from
acting – responsibility without power.
2 of Article 2180 has been repealed by Article 221 of the Family Code.

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