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THIRTEENTH CONGRESS OF THE REpuE3LIC ) 
OF THE PHILIPFINES 
1 
FIRST REGULAR SESSION 
1 
S E N A T E  
\I 
I 
S.B. NO. 
I 
Introduced by SENATOR LUI§A “LQI” P. EJERCiTQ ESTRADA 
EXPLANATORY NOTE 
The Family Code, Article 236 paragraph 3 provides: 
“Nothing in this Code shall be construed to derogate &om 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 21 80 of the Civil Code.” 
The last paragraph of Art. 236 was inserted to emphasize the tort liability of 
parents and guardians for damages that their emancipated children or wards might cause. 
However, the reference to Art 2180 of the Civil Code is incorrect. Prior to the 
enactment of R.A. No. 6809, which amended Art. 236 of the Family Code, the liability of 
parents with respect to their unemancipated children’s acts or omissions was governed by 
Art. 221 of the Family Code and not by the second and third paragraphs of Art. 2180 of 
the Civil Code. The present law limits the tort liability of parents and guardians to the 
acts or omissions of their unemancipated children and wards. 
The last paragraph of Art. 236 contemplates a situation where a victim of a tort 
committed by person aged between eighteen and twenty-one years sues for damages. 
Recovery would be slim as the emancipated child or ward might still be in schooI or 
unemployed or both. 
There is a need to hold parents and guardians liable for the 
damages that their emancipated children and wards, while still living with them, might 
cause. 
Immediate approval of this bill is earnestly sought. 
LUISA G ~ o ~ ”  
P.\EJERCITO ESTRGDA 
Senator 


THIRTEENTH CONGRESS OF THE REpuBLrc 
OF THEPHILIPPINES 
) 
FIRST REGULAR SESSION 
// 
/ /  
S E N A T E  
Introduced by SENATOR LUISA ‘‘LOP’ P. EJERCITO ESTRADA 
AN ACT 
AMENDING ART, 236 OF EXECUTIVE ORDER NO. 209, ALSO KNOWN AS 
THE FAMILY CODE OF THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembled: 
Section 1. Art. 236 of the Family Code is hereby amended to read as follows: 
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. NEVERTHELESS, THE LIABILITY 
OF THE PARENTS MENTIONED IN ART. 221 OF THIS CODE 
SHALL REMAIN FOR THE DAMAGES CAUSED BY THEIR 
CHILDREN BETWEEN EIGHTEEN AND TWENTY-ONE YEARS 
OF AGE WHO LIVE WITH THEM AM), IN CASE OF 
GUARDIANS, THEY SHALL BE LIABLE IF THE SAID PERSONS 
ARE UNDER THEIR AUTHORITY AND LIVE WITH THEM. 
THE LIABILITY OF THE PARENTS AND GUARDIANS 
MENTIONED 
IN TWS 
ARTICLE 
SHALL 
ONLY 
BE 
SUBSIDIARY. 
Contracting marriage shall require parental consent until the age of 
twenty-one. 
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[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.] 
Sec. 2. SeDarabilitv Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
Sec. 3. Repealine Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
Sec. 4. Effectivitv Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
G Wtere igv&!iamilycode 
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