1/24/2013

Who Are Considered Minors in the Philippines?

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In the Philippines, children who are below 18 years of age are considered MINORS.

This is according to Republic Act No. 6809, signed December 13, 1989.
Section 1 of RA 6809 is as follows:

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.

The AGE of MAJORITY starts at 18.


The following RULES related to MINORS are being implemented by government agencies: 

1. Philhealth:  Children under 21 are eligible as dependents. They should also be unmarried and unemployed.
2. SSS:  Minors receiving pensions can continue to receive them until age 21.
3. Pag-ibig: Claimants are required to file an Affidavit of Guardianship for beneficiaries younger than 21.
4. LTO:  Minors at least 16 years old can apply for Student Permit, with written parental consent.
Minors at least 17 years old can apply for Non-professional Driver's License, with Student Permit.
5. DOLE:  Children below 15 years of age are not to be employed, except under the sole responsibility of their parents or guardian, and their work must not interfere with their schooling.
Children between 15 and 18 may be employed for a number of hours in a day, as determined by the DOLE Secretary.


Agencies implementing 18 years as age of majority:

1. GSIS: Children receiving pensions are no longer eligible for pensions when they turn 18 years old.  The GSIS law uses the term "age of majority" in defining dependents.
2. DSWD:  Travel clearance is required  for children younger than 18 traveling abroad alone, or traveling with someone not their parent or guardian.
3. LTO:  Children at least 18 years old can apply for Professional Driver's License
4. DOLE:  Children under 18 are not to be employed to do hazardous jobs, as determined by the DOLE Secretary.
5. COMELEC:  Filipinos at least 18 years old are qualified to register to vote.


Legal Age to Marry is 18 years:

You can contract a marriage if you and the person you're marrying are both at least 18 years old.

But if you or the person you're marrying is within ages 18 to 21, you or the person you're marrying needs parental consent.

If you or the person you're marrying is within ages 22 to 25, you or the person you're marrying needs parental advice.

9 comments:

  1. Does the youth curfew of President Rody Duterte apply to kids 18 and under? Even if inside their Barangay sports courts?

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    Replies
    1. Hi rightbrainer: Pres Duterte talked about his curfew plans during his election campaign and before his June 30 inauguration, but has not yet issued an order regarding this. So let's wait for the specifics -- what time, what age, what boundaries.
      What's not well-known is that before Duterte's curfew pronouncements, many barangays and cities already have their own curfew ordinances, but they were not implementing them. It was only after Duterte won that they began to re-implement their own curfew ordinances. Duterte mentioned the word "unaccompanied minors" so maybe if there are adults supervising the barangay games late at night, then it could be an exception.

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  2. Thanks a lot, Ms. Nora! Exactly! I thought maybe I missed the specifics during all the media coverage before and after President Rodys innauguration, but I see, we all have to wait a bit. But, as you said, many villages and towns have their own rules, and now they started to enforce them. In my village, it's 10 PM for teens, but nobody was sure about the young adults (students) who play and talk until the wee hours on a Friday and Saturday night.

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  3. Ma'am is it legal for some barangays to impose curfew on people aged 21 and under when curfew violation, as classified by RA 9344 as a status offense, is an offense committed only by minors?

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  4. Ma'am, my sister is 17 years old. But in her young age, she committed sex w/ his boy friend willingly. Can we file a case against him? Thanks in advance.

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  5. And if we can, then what case/s?

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    Replies
    1. Hi Awen: First of all, sorry, I'm not a lawyer. But I've started reading about laws that might relate to what happened, like rape, seduction, corruption of minors and acts of lasciviousness.
      Based on the Anti-Rape Law of 1997, your sister's case cannot be rape because you said she did it willingly and she's not under 12 years of age.
      About seduction and corruption of minors, her case might fall under these, depending on the status or position of the boyfriend in relation to your young sister, or if the boyfriend deceived your sister.
      Remember also that in court, you have to prove beyond doubt the presence of deceit, or abuse of authority or power over your sister.
      You should ask for advice from your parents. Consider also the situation of your young sister. Will she be strong enough to survive the effects of being shamed by the public, in case shaming occurs? What if the boyfriend's relatives and friends shame her on Facebook? Can she take it? Or you can demand (under threat of filing a case) the boyfriend and his family to come to an agreement that they spend for all pre-natal and maternity expenses and financial support in case this results to pregnancy. Seek advice from your parents and other loving trusted relatives that have authority. I hope you've already prayed and you continue to pray. And I hope you get the best advice from your parents or trusted relatives or other persons in authority (depending on how public you allow this situation to get).

      Here's a copy of Title Three of TITLE ELEVEN of The Revised Penal Code that might be relevant to your sister's case.
      The Revised Penal Code (Act No. 3815, s. 1930)

      TITLE ELEVEN
      Crimes Against Chastity

      CHAPTER THREE
      Seduction, Corruption of Minors and White Slave Trade

      ARTICLE 337. Qualified Seduction. — The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, house-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prisión correccional in its minimum and medium periods.

      The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.

      Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein.

      ARTICLE 338. Simple Seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

      ARTICLE 339. Acts of Lasciviousness with the Consent of the Offended Party. — The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in articles 337 and 338.

      ARTICLE 340. Corruption of Minors. — Any person who shall habitually or with abuse of authority or confidence, promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prisión correccional in its minimum and medium periods, and if the culprit be a public officer, he shall also suffer the penalty of temporary absolute disqualification.

      ARTICLE 341. White Slave Trade. — The penalty of prisión correccional in its medium and maximum periods shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of women for the purpose of prostitution.

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  6. hello ma'am ang 18 po ba legal age na? diko kasi masyadong maitindihan ang english po.

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  7. 19 years of age still considered a minor? Can they file for abuse?

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