SUPPORT

1. What comprises support?  

Article 194. Support comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping with the financial
capacity of the family. The education of the person entitled to be supported referred to
in the preceding paragraph shall include his schooling or training for some profession,
trade or vocation, even beyond the age of majority. Transportation shall include
expenses in going to and from school, or to and from place of work. 
 
2. Who are obliged to give support?

Article 195. Subject to the provisions of the succeeding articles, the following are
obliged to support each other to the whole extent set forth in the preceding article: 
(1) The spouses; 
(2) Legitimate ascendants and descendants; 
(3) Parents and their legitimate children and the legitimate 
and illegitimate children of the latter; 
(4) Parents and their illegitimate children and the legitimate 
and illegitimate children of the latter; and 
(5) Legitimate brothers and sisters, whether of full or halfblood. 
(291a) 
 
Article 196. Brothers and sisters not legitimately related, whether of the full or half-
blood, are likewise bound to support each other to the full extent set forth in Article 194,
except only when the need for support of the brother or sister, being of age, is due to a
cause imputable to the claimant’s fault or negligence. 
 
3. What is the order of liability among those who are obliged to give support?  

Article 199. Whenever two or more persons are obliged to give 

support, the liability shall devolve upon the following persons in 
the order herein provided: 

1. The spouse; 
2. The descendants in the nearest degree; 
3. The ascendants in the nearest degree; and 
4. The brothers and sisters. 
 
4. What is the order of preference among those who have the right to receive
support?

Article 199. Whenever two or more persons are obliged to give 

support, the liability shall devolve upon the following persons in 
the order herein provided: 
1. The spouse; 
2. The descendants in the nearest degree; 
3. The ascendants in the nearest degree; and 
4. The brothers and sisters. 
 
Since the obligation to support certain relatives rests primarily upon the requirements 
of human nature and the ties created by family relations, it is only logical that the
obligation should first be imposed upon those who are closely related to the recipient
and it is only in default of those nearer in degree of relationship that those more remote
are called upon to discharge the obligation. (ALBANO ANNOTATIONS) 
 
 
5. What is/are the sources of support?  

Article 198. During the proceedings for legal separation or for 

annulment of marriage, and for declaration of nullity of marriage, 
the spouses and their children shall be supported from the 
properties of the absolute community or the conjugal partnership. 
After the final judgment granting the petition, the obligation of 
mutual support between the spouses ceases. However, in case of 
legal separation, the court may order that the guilty spouse shall 
give support to the innocent one, specifying the terms of such order. 
 
Article 197. For the support of legitimate ascendants; descendants, 
whether legitimate or illegitimate; and brothers and sisters, 
whether legitimately or illegitimately related, only the separate 
property of the person obliged to give support shall be answerable 
provided that in case the obligor has no separate property, the 
absolute community or the conjugal partnership, if financially capable, 
shall advance the support, which shall be deducted from 
the share of the spouse obliged upon the liquidation of the absolute 
community or of the conjugal partnership. 
 
Support of illegitimate children of a spouse. 
If a person who is married has ascendants, or descendants 
whether legitimate or illegitimate, or brothers and sisters, and he is 
obliged to support them, such support shall come from the separate 
properties of such spouse. If he has no separate properties, the 
absolute community or conjugal partnership shall advance the 
support. Upon the liquidation of the absolute community of property 
or the conjugal partnership, such advances shall be deducted from 
the share of such spouse. The reason for the law is that there is no 
obligation of the lawful spouse to support the children of the other 
spouse with another person, unless they have been adopted by them. 
If that is so, the properties of the husband and wife are not bound to 
answer for their support(ALBANO) 
 
6. How is the amount of support determined?  
 
Article 201. The amount of support, in the cases referred to in 
Articles 195 and 196, shall be in proportion to the resources or 
means of the giver and to the necessities of the recipient. (296a) 
Article 202. Support in the cases referred to in the preceding 
article shall be reduced or increased proportionately, according to the reduction or
increase of the necessities of the recipient and 
the resources or means of the person obliged to furnish the same. 
 
Judgment of support is always subject to modification. 
In determining the amount of support to be awarded, such 
amount should be in proportion to the resources or means of the giver 
and the necessities of the recipient. 
It is incumbent upon the trial court to base its award of support 
on the evidence presented before it. The evidence must prove the 
capacity or resources of both parents who are jointly obligated to 
support their children as provided for under Article 195 of the Family 
Code; and the monthly expenses incurred for the sustenance, 
dwelling, clothing, medical attendance, education and transportation 
of the child. (ALBANO) 
 
7. Discuss the time and manner of giving support.  
 
Article 203. The obligation to give support shall be demandable 
from the time the person who has a right to receive the same needs 
it for maintenance, but it shall not be paid except from the date of 
judicial or extra-judicial demand. 
Support pendente lite may be claimed in accordance with the 
Rules of Court. 
Payment shall be made within the first five days of each 
corresponding month. When the recipient dies, his heirs shall not 
be obliged to return what he has received in advance. (298a) 
 
Article 204. The person obliged to give support shall have the 
option to fulfill the obligation either by paying the allowance 
fixed, or by receiving and maintaining in the family dwelling the 
person who has a right to receive support. The latter alternative 
cannot be availed of in case there is a moral or legal obstacle 
thereto. 
 
No finality of support judgment. 
A judgment for support does not become final at all. The reason 
for this is that, it can be reduced or increased proportionately 
according to the reduction or increase of the necessities of the recipient 
and the resources or means of the giver. 
 
Support, judgment for support is immediately executory. The rule has to be so because
in all cases involving a child, his interest and welfare are always the paramount
concerns. There may be instances where, in view of the poverty of the child, it would be
a traversity of justice to refuse him support until the decision of the trial court attains
finality while time continues to slip away. 
 
Demand is necessary. 
The provisions of Article 203, Family Code requires that before support is paid, there
must be judicial or extrajudicial demand. This is so because the right to demand support
arises from imperative necessity, without which, it cannot be demanded, and the
law presumes that such necessity does not exist unless support is demanded. 
 
When obligation ceases. According to law, the obligation to give support shall cease
when the recipient engages in a trade, profession or industry, or has obtained work or
has improved his fortune in such a way that he no longer needs the allowance for his
subsistence. 
  

PARENTAL AUTHORITY
  
1. What is parental authority?  
 
ARTICLE 209 (FC):  
The caring for and rearing of such children for civic consciousness and efficiency and
the development of their moral, mental and physical character and well-being. 
 
Parental authority, otherwise known as patria potestas, may be defined as the mass of
rights and obligations which parents have in relation to the person and property of their
children until their majority age or emancipation and even after this under certain
circumstances. (ALBANO) 
 
2. Who exercises parental authority? Does this require court appointment?  
 
Article 211. The father and the mother shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father’s decision shall
prevail, unless there is a judicial order to the contrary. Children shall always observe
respect and reverence toward their parents and are obliged to obey them as long as the
children are under parental authority. 
 
REQUIRES COURT APPOINTMENT IN CASE OF ABSENCE OR DEATH OF EITHER
PARENT (If the surviving spouse remarries, he/she retains parental authority over the
children, unless the court appoints another person to act as guardian over the persons
and property of the children.) 
 
SEPARATION OF PARENTS (The parental authority shall be exercised by the parent
designated by the Court.) 
 
3. What is special parental authority? Art 218 

Article 218. The school, its administrators and teachers, or the individual, entity or
institution engaged in child care shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody. 
 
Authority and responsibility shall apply to all authorized activities whether inside or
outside the premises of the school, entity or institution. (349a) 
 
4. Who exercises special parental authority? Art 218 

Article 218. The school, its administrators and teachers, or the individual, entity or
institution engaged in child care shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody. 
 
Authority and responsibility shall apply to all authorized activities whether inside or
outside the premises of the school, entity or institution. (349a)
5. What is substitute parental authority? Art 216 
Article 216. In default of parents or a judicially appointed guardian, the following
persons shall exercise substitute parental authority over the child in the order
indicated: 
1) The surviving grandparent, as provided in Article 214; 
2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and 
3) The child’s actual custodian, over twenty-one years of age, unless unfit or
disqualified. 
Whenever the appointment of a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. 
(349a, 351a, 354a) 
 
6. Who exercises substitute parental authority?  

Article 216. In default of parents or a judicially appointed guardian, the following

persons shall exercise substitute parental authority over the child in the order
indicated: 
1) The surviving grandparent, as provided in Article 214; 
2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and 
3) The child’s actual custodian, over twenty-one years of age, unless unfit or
disqualified. 
Whenever the appointment of a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. 
(349a, 351a, 354a) 
 
7. Who exercises substitute parental authority? Art. 218 
 
8. Briefly discuss the doctrine of vicarious liability. Art. 209 

Article 221. Parents and other persons exercising parental authority shall be civilly
liable for the injuries and damages caused by the acts or omissions of their
unemancipated children living in their company and under their parental authority
subject to the appropriate defenses provided by law. 
 
This principle of parental liability is a species of what is frequently designated as
vicarious liability, or the doctrine of “imputed negligence” under the Anglo-American tort
law, where 
a person is not only liable for torts committed by himself, but also for torts committed by
others with whom he has a certain relationship and for whom he is responsible. Thus,
parental liability is made a natural and logical consequence of the duties and
responsibilities of parents — their parental authority — which includes the instructing,
controlling and disciplining of the child. 

9. Who shall have custody over the children in case of separation of parents?  
Article 213. In case of separation of the parents, parental authority shall be exercised
by the parent designated by the Court. The Court shall take into account all relevant
considerations, especially the choice of the child over seven years of age, unless the
parent chosen is unfit. (n) 
 
No child under seven years of age shall be separated from the mother, unless the court
finds compelling reasons to order otherwise. 
 
10. What are the grounds for suspension of parental authority?  
 
Article 230. Parental authority is suspended upon conviction of the parent or the person
exercising the same of a crime which carries with it the penalty of civil interdiction. The
authority is automatically reinstated upon service of the penalty or upon pardon or
amnesty of the offender. 
 
Article 231. The court in an action fi led for the purpose or in a related case may also
suspend parental authority if the parent or the person exercising the same: 
 
1) Treats the child with excessive harshness or cruelty; 
2) Gives the child corrupting orders, counsel for example; 
3) Compels the child to beg; or 
4) Subjects the child or allows him to be subjected to acts of lasciviousness. 
  
The grounds enumerated above are deemed to include cases which have resulted from
culpable negligence of the parent or the person exercising parental authority. If the
degree of seriousness so warrants, or the welfare of the child so demands, the court
shall deprive the guilty party of parental authority or adopt such other measures as may
be proper under the circumstances. The suspension or deprivation may be revoked and
the parental authority revived in a case filed for the purpose or in the same proceeding
if the court finds that the cause therefor has ceased and will not be repeated. (332a) 
 
11. What are the grounds for termination of parental authority?  
 
Article 228. Parental authority terminates permanently: 
  
1) Upon the death of the parents; (Article 42 of the Civil Code provides that civil
personality is extinguished by death. It likewise provides that the effect of death upon
the rights and obligations of the deceased is determined by law, by contract and by
will.) 
2) Upon the death of the child; or 
3) Upon emancipation of the child. (327a) (A child is emancipated upon reaching the
age of majority which is 18 years. Emancipation terminates parental authority over the
person and property of the child and he or she is thereby qualified to do all acts of civil
life save for exceptions established by existing laws in special cases.) 
 
Note: Art. 20 of PD no. 603 otherwise known as the Child and Youth Welfare Code,
provides that the court upon the death of the parents and in the cases mentioned in
Articles 328 to 332 of the Civil Code can appoint a guardian for the person and property
of the child, on petition of any relative or friend of the family or the Department of Social
Welfare. 
 
EMANCIPATION

1. What is emancipation?  

EMANCIPATION. A child is emancipated upon reaching the age of majority which is 18

years. Emancipation terminates parental authority over the person and property of the
child and he or she is thereby qualified to do all acts of civil life save for exceptions
established by existing laws in special cases. 
 
EMANCIPATION. Emancipation is attained upon reaching eighteen years of age.
Marriage is not anymore a ground for emancipation because a person who decides to
get married is necessarily at least eighteen years of age. If the contracting party is
below eighteen years of age at the time of marriage ceremony, such a marriage is void
by express provision of Article 35(1) of the Family Code. In short, an unemancipated
child cannot enter into a valid contract of marriage. 
 
2. When is a child considered emancipated? 
 
ART. 234. Emancipation takes place by the attainment of majority. Unless otherwise
provided, majority commences at the age of 18 (As amended by R.A No. 6809)  
 
EMANCIPATION. Emancipation is attained upon reaching eighteen years of age.
Marriage is not anymore a ground for emancipation because a person who decides to
get married is necessarily at least eighteen years of age. If the contracting party is
below eighteen years of age at the time of marriage ceremony, such a marriage is void
by express provision of Article 35(1) of the Family Code. In short, an unemancipated
child cannot enter into a valid contract of marriage. 
 
3. Are the parents still liable for acts of an emancipated child? (NO)  

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.  
  
EXEMPTIONS:  
"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." 
  
Article 2180. The oligation imposed by Article 2176 is demandable not only for one’s
own acts or omissions, but also for those of persons for whom one is responsible. 
 
The father and, in case of his death or incapacity, the mother, are responsible for the
damages caused by the minor children who live in their company. 
 
Guardians are liable for damages caused by the minors or incapacited persons who
are under their authority and live in their company.  
 
The owners and managers of an establishment or enterprise are likewise
responsible for damages caused by their employees in the service of the branches
in which the latter are employed or on the occasion of their functions. 
 
Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though the
former are not engaged in any business or industry  
 
The state is responsible in like manner when it acts through a special agent; but not
when the damage has been caused by the official to whom the task done properly
pertains, which case what is provided on article 2176 shall be applicable. 
 
Lastly, teachers or heads of establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they remain
in their custody. 
 
The responsibility treated of in this article shall cease when the persons herein
mentioned prove that they observed all the diligence of a good father of a family to
prevent damage.  
 
Article 2176 whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault or negligence,
if there is no pre-existing contractual relations between the parties, is called a quasi-
delict and is governed by the provisions of this chapter. 
 
 
 
 

 
 
Republic Act No. 6809             December 13, 1989 

AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN

YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO
HUNDRED NINE, AND FOR OTHER PURPOSES 

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled: 

Section 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is
hereby amended to read as follows:  
"Art. 234. Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen years."  

Section 2. Articles 235 and 237 of the same Code are hereby repealed.  

Section 3. Article 236 of the same Code is also 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.  
"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."  

Section 4. Upon the effectivity of this Act, existing wills, bequests, donations, grants,
insurance policies and similar instruments containing references and provisions
favorable to minors will not retroact to their prejudice.  

Section 5. This Act shall take effect upon completion of its publication in at least two (2)
newspapers of general circulation.