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FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Family Code, Article 236 paragraph provides: 
"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 
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 or 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 school 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 earnest sought. 
enator 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 
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OF THE PHILIPPINES 
1 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 3 9 2 
INTRODUCED BY SEN. JINGGOY 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 House of Representatives of the Philippines 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 
AGE WHO LWE WfTH THEM AND, 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 THIS ARTICLE SHALL 
ONLY BE SUBSIDIARY. 
BETWEEN EIGHTEEN AND TWENTY-ONE YEARS OF 
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.] 
SEC 2. Separability Clause. If any provisions of 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. Repealing 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. Effectivity Clause. This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,