The legal landscape of the Philippines underwent a significant shift with the enactment of Republic Act No. 6809 in 1989, which lowered the age of majority from 21 to 18 years. This transition redefined the concepts of emancipation and parental authority, creating a distinct boundary between a child’s legal autonomy and a parent's continuing financial obligations.
In the Philippine context, reaching the age of majority does not mean a total severance of familial duties. Rather, it marks the end of parental authority (custody and oversight) while maintaining a flexible framework for parental support (financial sustenance).
1. The Legal Benchmark: Republic Act No. 6809
Before December 1989, Filipinos were considered minors until the age of 21. RA 6809 amended the Family Code of the Philippines, specifically Article 234, to state:
"Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years."
Consequences of Reaching 18
- Legal Capacity: An individual is now qualified for all acts of civil life. They can enter into binding contracts, sue and be sued in their own name, and manage their own property.
- Termination of Parental Authority: Under Article 236, emancipation terminates the parents' legal right to provide "company, care, and control" over the child. Parents can no longer legally dictate where an 18-year-old lives or what career path they choose.
- Civil Liability: The vicarious liability of parents for the quasi-delicts (torts) of their children generally ends when the child turns 18, as the individual becomes personally responsible for their actions.
2. Parental Support Beyond the Age of Majority
One of the most common legal misconceptions in the Philippines is that child support automatically stops on the 18th birthday. Under Article 194 of the Family Code, the obligation to provide support is based on necessity and filiation, not just age.
Education and Vocational Training
The law explicitly states that support includes "education and transportation" for schooling or training for some profession, trade, or vocation. Crucially, this applies even beyond the age of majority.
- The "Good Faith" Requirement: A parent is generally obliged to support an adult child’s college or vocational education as long as the child is acting in good faith (e.g., attending classes and passing) and the parent has the financial capacity to provide it.
- Proportionality: The amount of support is never fixed; it is always "in proportion to the resources or means of the giver and the necessities of the recipient" (Article 201).
Incapacity
If an adult child is physically or mentally incapacitated and unable to provide for their own sustenance, the parental obligation to support persists indefinitely. This is rooted in the principle that the family has a perpetual duty to ensure the survival and dignity of its members.
3. The Reciprocal Nature of Support
Philippine law views support as a two-way street. While parents support children, Article 195 mandates that descendants are also obliged to support their ascendants (parents and grandparents) when they fall into need.
| Obligation Type | Direction | Condition |
|---|---|---|
| Parental Authority | Parent → Minor Child | Ends at 18 |
| Educational Support | Parent → Adult Child | Until completion of course/training |
| General Support | Parent ↔ Child | Based on need and capacity |
| Filial Support | Adult Child → Parent | When parent is in need |
4. Residual Parental Controls
Despite emancipation at 18, the Family Code retains specific "safeguards" that extend parental influence into the early twenties:
- Parental Consent for Marriage (Ages 18–21): While legally an adult, any Filipino between 18 and 21 must obtain the written consent of their parents to marry. Without it, the marriage is voidable.
- Parental Advice for Marriage (Ages 21–25): Those between 21 and 25 must seek "parental advice." If they do not obtain it (or if it is unfavorable), the marriage license is delayed by three months to allow for reflection.
- The "Family Home": Under Article 159, the family home continues to be protected for as long as there is a beneficiary (including an adult child) who is living there and is incapable of self-support.
5. Summary of Rights and Limitations
The impact of the age of majority in the Philippines is a balance of autonomy and responsibility. An 18-year-old is a "person of legal age," but the law acknowledges that economic independence often lags behind legal independence.
- Autonomy: An 18-year-old can sign a lease, open a bank account, and undergo medical procedures without a parent’s signature.
- Support: They can legally demand support for basic needs and education if they cannot provide for themselves.
- Reciprocity: They must be prepared to provide support to their parents should the latter become indigent in the future.
Would you like me to draft a demand letter template for educational support or a summary of the Supreme Court's latest rulings on adult child maintenance?