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• TITLE X

EMANCIPATION
AND AGE OF
MAJORITY

• Art. 236
• Art. 237
• Art. 236. Emancipation for any cause
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 exemptions 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 paragraph of Article
2180 of the civil code. (As amended by
R.A. No. 6809)

• Emancipation entitles the child to


perform all acts of civil life. He shall also
be liable be liable for all acts of civil life.
Illustration:
• A is the son of X and Y. He is now 18 years of
age; hence, by the virtue of R.A. No. 6809, he
has already attained the age of majority. As a
consequence, …
• But the example above, suppose, A was
driving the car of his father one morning. On
their way to court, as X is a judge, he hit a
pedestrian. Can his father interpose the
defense in a suit for damages when A bumped
a pedestrian causing injuries to the pedestrian
that A alone should be liable since he is already
emancipated?
• The answer is No,…
• (2) X and Y are married, they
have a son A who is 18 years of
age. Can he get married without
the consent of X and Y?

• the answer is No,


• The rule is founded on the principle
laid down in the case of Salen, et al.
v. Balce, G.R. No. L-14414, April 27,
1960, where the Supreme Court said:
• Art. 237. The annulment or declaration of
nullity of the marriage of a minor or of the
recorded agreement mentioned in the
foregoing. Articles 234 and 235 shall
revive the parental authority over the
minor but shall not affect acts and
transactions that took place prior to the
recording of the final judgment in the
Civil Register.

• This has been repealed by R.A. No. 6809.


• Thank you…

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