Article 234 of the Family Code: Age of majority is 18
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 6809 (Wording as amended by this law.)
What does Article 234 say?
Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years.
What does it mean in plain language?
The age of majority in the Philippines is 18. Article 234 of the Family Code, as amended by Republic Act No. 6809, says emancipation takes place when a person reaches majority, and majority begins at eighteen years. Two things still wait until 21: parental consent to marry, and the parents' responsibility under Article 2180 of the Civil Code.
How does it work in real life?
Carlo: turning 18
Carlo turns 18 in March. From then on he is emancipated. As a rule, he is qualified and responsible for all acts of civil life, for example signing a lease in his own name, unless a special law sets a different rule. This is a made-up example.
Bea: 19 and engaged
Bea is 19 and wants to marry her boyfriend, who is 24. Although Bea is already of age, she still needs the written consent of her parents to marry (Articles 14 and 236). Her boyfriend must ask his parents' advice, because he is between 21 and 25 (Article 15). This is a made-up example.
Jun: 19 and a car accident
Jun is 19 and lives with his parents. He borrows the family car and damages a neighbor's fence. Article 236 keeps the parents' duty or responsibility under the second and third paragraphs of Article 2180 for children below twenty-one. Whether his parents are liable in a real case depends on the facts and on the defenses in Article 2180. This is a made-up example.
These examples only show how the rule works. They are not advice for a real case.
What does this mean in practice?
- Age is usually shown by the birth certificate. See the guide to the PSA birth certificate.
- Some laws define "child" in their own way. For example, Republic Act No. 11596 on child marriage defines a child as any person under eighteen, or eighteen or over but unable to fully take care of oneself because of a disability or condition.
- Custody of children below 18 is covered in custody of an illegitimate child and custody of a child under 7.
- For the license papers of couples aged 18 to 25, see marriage license requirements.
Why does the E-Library copy of Article 234 say 21?
The original Family Code set the age of majority at twenty-one. Republic Act No. 6809, approved on December 13, 1989, rewrote Article 234 to say eighteen. The consolidated Family Code page on the Supreme Court E-Library still prints the old text. This page shows Article 234 as amended by Republic Act No. 6809.
The same law also repealed Articles 235 and 237 of the Family Code. The E-Library page still prints them, but they are no longer in force.
What does being emancipated at 18 mean?
Emancipation means the person is no longer under the parental authority of the parents. Republic Act No. 6809 also rewrote Article 236 to say what happens:
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.
In simple words: at 18 a person can, as a rule, act alone in civil matters, such as signing contracts or managing property, and is responsible for those acts. Other laws can still set special rules for some cases.
What still waits until 21?
Article 236, as amended, keeps two exceptions tied to the age of twenty-one:
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.
- Marriage. A person aged 18 to 20 can marry, but needs written parental consent (Article 14). Without it, the marriage can be annulled (Article 45(1)). Below 18, no one can marry (Article 5).
- Responsibility for damage. The second and third paragraphs of Article 2180 of the Civil Code deal with damage caused by minor children who live with their parents, and by minors or incapacitated persons who live with their guardian. Article 236 says nothing in the Family Code reduces that duty or responsibility of parents and guardians for children and wards below twenty-one.
Frequently asked questions
What is the age of majority in the Philippines?
- Article 234 of the Family Code, as amended by Republic Act No. 6809, says majority commences at the age of eighteen years, unless otherwise provided.
Was the age of majority ever 21?
Yes. The original Family Code set it at 21. Republic Act No. 6809, approved on December 13, 1989, lowered it to 18. The consolidated Family Code page on the Supreme Court E-Library still shows the old text, but the law in force says 18.
What happens at 18?
The person is emancipated. Under Article 236, as amended by Republic Act No. 6809, emancipation ends parental authority over the person and property of the child, who becomes qualified and responsible for all acts of civil life, except in special cases set by law.
Do I still need my parents' consent to marry at 18?
Yes, until 21. Article 236, as amended, says contracting marriage requires parental consent until the age of twenty-one, and Article 14 sets how the consent is given.
Are parents still responsible for their children aged 18 to 20?
Article 236 says nothing in the Family Code reduces the duty or responsibility of parents and guardians for children and wards below twenty-one under the second and third paragraphs of Article 2180 of the Civil Code. Those paragraphs are about damages caused by minor children or wards who live with them.
Did RA 6809 affect wills or donations made for minors?
Section 4 of Republic Act No. 6809 says existing wills, bequests, donations, grants, insurance policies and similar instruments with provisions favorable to minors will not retroact to their prejudice.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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