TITLE X- Articles 234–237, Family Code of the
Philippines, as amended by R.A. 6809
EMANCIPATION AND
AGE OF MAJORITY
Prepared by: POGOY, JENNIFER C.
QUESTION
What is an
Emancipation?
ANSWER
Emancipation is an act by which a person who was once under the
authority of another is set free from that authority. In modern times, this is
generally referencing a minor. Historically, this would also include slaves.
Emancipation is viewed in some jurisdictions as a liberation of the bound
individual from their duty to serve and obey their parent(s)/owner(s). In
others, it is considered a liberation of the parent(s)/owner(s) from their
obligation to care for the bound individual.
ANSWER
Emancipation is either explicit or implicit.
Explicit emancipation occurs by court order and generally involves the liberating entity’s
declaration before a notary public and other witnesses that they intend to set the bound
individual free.
Implicit emancipation does not require a court order or testimony to be valid and occurs
when a minor marries, reaches the age of majority (usually 18 or 21), is convicted of a
felony, establishes a permanent residence away from their parents, or joins the armed
forces.
Emancipated minors are generally allowed to engage in all sorts of economic activity but
must also adhere to restrictions that, if exceeded, may warrant revocation of their
emancipation.
SOURCE: Legal Information Institute. (2022, October). Emancipation.
Wex. https://www.law.cornell.edu/wex/emancipation
KEY PROVISIONS
Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided,
majority commences at the age of eighteen years. (As amended by R.A. 6809)
[Art. 235 has been repealed by Section 2, R.A. 6809.]
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. (As amended by R.A. 6809)
[Art. 237 has been repealed by Section 2, R.A. 6809.]
HISTORICAL CONTEXT
Before 1989, the age of majority in the Philippines was 21 years
old. Emancipation could be attained not only by reaching
majority but also by marriage or parental agreement (voluntary
emancipation).
However, with the passage of Republic Act No. 6809 on
December 13, 1989, these rules were reformed to reflect
modern standards.
REPUBLIC ACT NO. 6809
“An Act Lowering the Age of Majority from Twenty-One to Eighteen
Years, Amending for the Purpose Executive Order No. 209, and for
Other Purposes.”
Approved: December 13, 1989
Key change: The Age of majority was reduced from 21 to 18 years
old.
Repealed Arts. 235 & 237 of the Family Code.
R.A. 6809 (KEY SECTIONS)
→
Sec. 1 – Age of majority lowered from 21 18 years old.
Sec. 2 – Repealed provisions on emancipation by
marriage/voluntary agreement.
Sec. 3 – Amended Article 236 to recognize 18 as
threshold for full civil capacity.
Sec. 4 – Parental authority continues for liability
purposes until child reaches 21.
QUESTION
What is the
Rationale of the
Amendment?
ANSWER
To harmonize Philippine laws with:
Empowerment of Filipino youth by recognizing adulthood at 18.
Universal Declaration of Human Rights (legal capacity at 18).
Growing recognition of youth rights and autonomy.
Practical needs: facilitate practical matters like voting,
employment, contractual capacity, and travel.
Conform with international practices and treaties emphasizing
the rights of young adults.
CAUSE: ARTICLE 234 (AS AMENDED)
Art. 234. Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen years.
Emancipation takes place at 18 years old.
No need for other acts (marriage or court declaration).
EFFECTS OF EMANCIPATION:
ARTICLE 236 (AS AMENDED)
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.
(As amended by R.A. 6809)
EFFECTS OF EMANCIPATION:
a.Ends parental authority.
b.Child gains full civil capacity.
c.Exceptions: where special laws set higher age
(e.g., elective office, alcohol).
Marriage consent: required until 21 years old.
Civil liability of parents: continues until child
reaches 21 (Art. 2180, Civil Code).
QUESTION
What is the reason
behind the 2 nd
paragraph of
Article 236?
ANSWER
The requirement of parental consent in marriage is a recognition of
Filipino culture and tradition.
In adherence to the Paterno Amendment, where it was Senator
Paterno who made the proposal that the paragraph “THE
CONTRACTING OF MARRIAGE SHALL REQUIRE THE PARENTAL CONSENT
UNTIL THE AGE OF 21” of the provision in the Family Code should be
retained and inserted in the law during the Senate discussion.
PRACTICAL IMPLICATIONS
At 18 years old: the individual is emancipated,
independent, and capable of engaging in civil
transactions.
At 18–21 years old: may marry but requires
parental consent; parents still civilly liable for
their acts.
At 21 years old: full independence, including
from parental liability.
SUMMARY
Before R.A. 6809: Majority at 21; emancipation possible
via marriage or parental act.
After R.A. 6809: Majority at 18; emancipation automatic;
repealed Arts. 235 & 237.
Parents: lose authority at 18, but remain liable for
damages until 21.
CONCLUSION
Title X of the Family Code, as amended by R.A. 6809, shifted the
Philippine legal perspective on adulthood. By lowering the age
of majority to 18, the law balanced the recognition of youth
autonomy with continued parental responsibility for certain
acts until 21.
