Are Parents Liable for What Their Minor Child Does?

Article 221 reads:

The article has four parts:

• Who is liable: parents, and other persons exercising parental authority, such as a grandparent with substitute parental authority.
• For whom: "unemancipated children", meaning children who have not reached majority. Since Republic Act No. 6809, majority begins at 18.
• Where the child lives: "living in their company and under their parental authority".
• Defenses: "subject to the appropriate defenses provided by law".

"Civilly liable" means the duty to pay damages. It does not make the parents guilty of a crime.

Article 2180 of the Civil Code sets the same duty and gives the defense:

The Family Code now gives parental authority to both parents jointly (Article 211), and Article 221 speaks of "parents" without ranking father and mother.

Yes. In Libi v. Intermediate Appellate Court (1992), a minor shot a girl and then himself with his father's gun, and the girl's parents sued his parents for damages. The Supreme Court, sitting en banc, said "the civil liability of parents for quasi-delicts of their minor children, as contemplated in Article 2180 of the Civil Code, is primary and not subsidiary." The parents were held liable.

The Court explained the defense: "The diligence of a good father of a family required by law in a parent and child relationship consists, to a large extent, of the instruction and supervision of the child." Parents who cannot prove such diligence remain liable.

Yes. In Tamargo v. Court of Appeals (1992), a 10-year-old boy shot a girl with an air rifle. Another couple had filed a petition to adopt him before the shooting, and the adoption was granted after it. The Court said Article 221 requires that the child "shall have been in the actual custody of the parents sought to be held liable." It refused to give the adoption retroactive effect, so the adopting parents were not liable for an act done when they had no actual custody. The Court held that the boy's natural parents were indispensable parties to the suit for damages.

Article 221 speaks of "unemancipated" children, and emancipation now happens at 18. But Article 236, as amended by Republic Act No. 6809, keeps one older rule:

No ruling read for this page explains how this applies to damages caused by a child aged 18 to 20, so this page states the text only.

This page covers civil liability: paying for injury or damage. Libi said the civil liability of parents for crimes committed by their minor children is "likewise direct and primary", and also subject to the defense of lack of fault or negligence on their part. Whether a minor can be charged with a crime, and at what age, is governed by other laws and is not covered here.

These are made-up examples to show how the rules work. They are not advice for any real case.

Paolo (15). Paolo lives with his parents and breaks a neighbor's window with a slingshot. The neighbor may claim damages from the parents (Article 221). They can avoid liability only by proving they used the diligence of a good father of a family to prevent it, for example through proper instruction and supervision (Civil Code Article 2180; Libi).

Rina (12). Rina's parents have died, and she lives with her grandmother, who exercises substitute parental authority (Article 214). If Rina damages a classmate's property, the claim can be made against the grandmother as the person exercising parental authority with whom Rina lives (Article 221).

Talk to a lawyer if your child caused an injury or damage and someone is claiming payment, or if your family suffered harm caused by another person's child. A lawyer can assess the facts, the custody of the child at the time, and the evidence of supervision.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.