You are on page 1of 1

FOR PRIVATE AND PERSONAL USE ONLY 1

________________________________________________________________
Title X
EMANCIPATION AND AGE
OF MAJORITY
(Arts. 234-237, FC)

1. Define emancipation. (1960)


ANS: Emancipation is the release of a person from parental authority whereby he becomes
capacitated for civil life. (Francisco, Civil Code, Book One, p. 968.)

2. When does emancipation take place? (1949, 1960)


ANS: Emancipation takes place:
(1) By the attainment of majority;
(2) By the marriage of the minor;
(3) By the recording in the Civil Register of an agreement in a public instrument executed
by the parent exercising parental authority and the minor at least 18 years of age;
(4) By the recording in the Civil Register of an agreement in a public instrument executed
by the parent exercising parental authority and the orphaned minor at least 18 years of age but
the agreement must be approved by the court before it is recorded. (Arts. 234, 235, FC.)

3. When does majority commence and what is the effect thereof?


ANS: Unless otherwise provided, majority commences at the age of 18 years. (Art. 234,
FC, as amended by R.A. 6809.)
Emancipation takes place by the attainment of majority. (Art. 234, FC, as amended by R.A.
6809.) 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. Contracting marriage, however, shall require
parental consent until the age of 21. Furthermore, nothing in the FC shall be construed to
derogate from the duty or responsibility of parents and guardians for children and wards below
21 years of age mentioned in the second and third paragraphs of Art. 2180 of the CC. (Art. 236,
FC, as amended by R.A. 6809.) Finally, existing wills, bequests, donations, grants, insurance
policies and similar instruments containing references and provisions favorable to minors will
not retract to their prejudice. (RA 6809.)

4. What is the effect of annulment or declaration of nullity of the marriage of a minor


or of the recorded agreement mentioned in Arts. 234 and 235 of the FC?
ANS: The annulment or declaration of nullity of the marriage of a minor or of the recorded
agreement mentioned in Arts. 234 and 235 of the FC 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. (Art. 237, FC.)