Published — February 27, 2019
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read: Walking through the essential traits of contracts
Age is a basic requirement for all the dealings in life, interestingly, there are different age thresholds for a person to be able to do acts with legal effects. Age requirement differs as to the purpose of an act and other given circumstances. Basically, in entering into an ordinary contract, a minor cannot enter into legal transactions as they cannot lawfully give consent to a contract. This is clear from the express provision found under Article 1327 (1) in relation to Articles 38 and 39 of the New Civil Code of the Philippines. Said provisions read as follows:
“Art. 1327. The following cannot give consent to a contract:
(1) Unemancipated minors;
XXX
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.
Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. XXX ”
From the reading of the said provisions, only those who have been emancipated are qualified to all acts of civil life, which includes entering into contracts, and emancipation only takes place upon attainment of the age of majority, that is, reaching the age of eighteen (18) as provided under Article 236 in relation to Article 234 of the Family Code of the Philippines . Articles 234 and 236 provide:
“Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(2) 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 eighteen years of age. Such emancipation shall be irrevocable.
XXX
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.”
To elaborate, one of the essential requirements for entering into civil acts is the capacity to act. Capacity to act is the power to do acts with legal effects (Read more), as mentioned above, Article 38 of the New Civil Code of the Philippines, provides for restrictions on capacity to act; one of the restrictions is minority. Minority in the Philippines has been lowered from twenty-one (21) to eighteen (18) years of age by virtue of Republic Act No. 6809, otherwise known as An Act Lowering the Age of Majority from 21 to 18 years. It is the State who determines the age of majority. The age of majority depends on the purpose for which it is determined.
If a minor enters into an ordinary contract, without parental consent, the contract is not however, void. It is merely voidable. A voidable or annullable contract is a type of contract that is valid until it is annulled. Other restriction as to the capacity to act is the creation of trust of any kind. A minor cannot create a trust, nor can he act as an executor or administrator.
In adoption cases, if a person is at least fourteen (14) years of age, he must give his written consent to make the adoption a valid or legal one, however, to be able to adopt, one of the essential requisites of a prospective adopter is that he must be at least in the full possession of his civil rights (Art. 334 of the New Civil Code of the Philippines).
In making a will, a testator must be at least eighteen (18) years of age (Article 797 of the New Civil Code of the Philippines), the rationale for such age limit is founded on the idea that the age of eighteen (18) has been fixed for at this age, an individual, generally no longer subject to fraud, influence, or insidious machinations. An individual, though a minor, may thus still make a will, and the consent of his parents is not required. Upon the other hand, if he be less than eighteen (18), his will should be considered void (not merely voidable), and this is true whether or not parental consent had been obtained[.
In marriage, the marriageable age of the contracting parties under Article 5 of the Family Code is at least eighteen (18) years of age in male or female. Additional requirements for contracting parties with ages eighteen (18) and twenty-one (21) years of age is to exhibit to the local civil registrar a parental consent (Art. 14 of the Family Code of the Philippines). Without such consent, the marriage is voidable. On the other hand, as to contracting parties between ages twenty-one (21) and twenty-five (25), they are obliged to ask their parents or guardian for advice upon the impending marriage (Art. 15 of the Family Code of the Philippines). In summary, taking the circumstances mentioned in the preceding paragraphs, the average age of maturity under the Civil Code of the Philippines is eighteen (18) years of age. Some of the legal specialists on Civil Law on their commentaries, made mention of the reason for setting the age at eighteen (18) years. One of the reasons were, at such age, the law sees a person to be mature enough to no longer be susceptible to fraud, influence, or insidious machinations. In other words, said person is capable to exercise free will without outside intervention, as such he is mature enough to do what is right and prevent what is wrong.
OTHER SOURCES:
- The Manila Times, Minor can’t enter into legal transactions, August 03, 2013, http://www.manilatimes.net/minor-cant-enter-into-legal-transactions/25805/ (Last Accessed: February 15, 2019)
- Paras, Edgardo L, Civil Code of the Philippines Annotated Volume I, Page 237, Seventeenth (17th) Edition (2013)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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It seems there’s a conflict between RA 6809 and Art. 1427 of the NCC
Kindly enlighten us. Big thanks.
Hi. I am a Singaporean and my daughter is 8 years old and a Filipino. We are planning to live in the Philippines in the middle of next year. Is there a way to protect a contract sign by my daughter when purchasing land ? In order words to prevent it from being voidable during the 4 years after she matures
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