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Fourteenth Congress of The Republic The Philippines: For or

The document is a proposed bill that aims to amend Article 236 of the Family Code of the Philippines. It proposes to clarify that the liability of parents mentioned in Article 221 shall remain for damages caused by their children aged 18 to 21 who live with them. It also states that guardians shall be liable if the persons are under their authority and live with them, and that the liability of parents and guardians in this case shall only be subsidiary. The bill seeks to correct an incorrect reference in the current law and clarify the tort liability of parents and guardians.

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Michael jay sarmiento
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43 views3 pages

Fourteenth Congress of The Republic The Philippines: For or

The document is a proposed bill that aims to amend Article 236 of the Family Code of the Philippines. It proposes to clarify that the liability of parents mentioned in Article 221 shall remain for damages caused by their children aged 18 to 21 who live with them. It also states that guardians shall be liable if the persons are under their authority and live with them, and that the liability of parents and guardians in this case shall only be subsidiary. The bill seeks to correct an incorrect reference in the current law and clarify the tort liability of parents and guardians.

Uploaded by

Michael jay sarmiento
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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FOURTEENTH CONGRESS OF THE REPUBLIC )


OF THE PHILIPPINES i -2 ..
"'3
<.j&. ri I ,-
First Regular Session ) ~ ~j

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
2180 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 )
OF THE PHILIPPINES 1 7 -2 :> 1 ,1
First Regular Session )

SENATE

Senate Bill No. 392

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
BETWEEN EIGHTEEN AND TWENTY-ONE YEARS OF
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.

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,

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