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. 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)
Notes:
1) Definition.
a. Emancipation – refers to the attainment by minors of legal age and thus removing impediments in their legal capacity and who shall be “qualified and responsible for all acts of civil life” subject to a few exceptions. (Family Code, Article 234 and 236)
b. Majority – refers to legal age, which is 18 years old.
2) Effects of emancipation. The following are the effects of emancipation:
(a) They will no longer be subject to parental authority over their person and/or property;
(b) They may be able to vote for the general election (NB: Minors are allowed to vote only for the Sangguniang Kabataan positions);
(c) They may be able to marry, subject to compliance with requirements;
(d) They may enter into contracts in their own name, and thus acquire contractual rights, as well as be liable for contractual obligations;
(e) They may be able to purchase items which may have been previously prohibited by virtue of their age, such as alcohol;
(f) They may be held civilly liable, i.e., be required to pay damages for their actions that cause damage to another;
(g) They may be held criminally liable, i.e., be subject to penalties, such as fines or imprisonment, or both, depending on the offense or crime committed; and
(h) Analogous to the foregoing.
[Art. 235 has been repealed by Section 2, R.A. 6809.]
[Art. 237 has been repealed by Section 2, R.A. 6809.]
References
• Title X – Emancipation and Age of Majority, Family Code
• Chapter 2 – Age of Majority, Title V, Book I, Civil Code
Related
• Chapter 2. Age of Majority (Title V, Book I, Civil Code), Annotations
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/Updated: April 23, 2023
