Short answer. Article 362 originally allowed a court, when a child was found delinquent, to judicially admonish the father, mother, or guardian in a proper case. This provision has been superseded: children in conflict with the law are now governed by Republic Act No. 9344, as amended by Republic Act No. 10630, the Juvenile Justice and Welfare Act.
What the law says
Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished.
Civil Code, Article 362 — Judicial Admonition of Parents. Read the full provision →
What the article said
Article 362 addressed a narrow situation: a child had already been found delinquent by a court, and the question was what, if anything, should happen to the parent or guardian responsible for that child. The article gave the court discretion, "in a proper case," to admonish the father, mother, or guardian, rather than imposing any fixed penalty or mandatory action against the adult. The provision did not define delinquency, prescribe a form for the admonition, or attach any consequence to it beyond the admonition itself, leaving those details to the court's judgment in each case.
Why this provision no longer governs
Handling of children who commit offenses has since been placed under a dedicated statutory framework. Republic Act No. 9344, the Juvenile Justice and Welfare Act of 2006, as amended by Republic Act No. 10630 in 2013, now governs children in conflict with the law, covering the minimum age of criminal responsibility, diversion programs, intervention, and the roles of local social welfare officers and barangay councils. That framework replaced the brief, discretionary parental-admonition mechanism this article described.
How children in conflict with the law are treated today
Under the current framework, the emphasis is on diversion and rehabilitation rather than court admonition of parents. A child below the minimum age of criminal responsibility is exempt from criminal liability and instead undergoes an intervention program, while older minors may go through diversion proceedings depending on the offense. Parents and guardians are typically involved through these intervention and diversion processes rather than through a standalone judicial admonition.
What this means for a parent today
A parent or guardian whose child is involved in a case should expect the matter to be handled under the Juvenile Justice and Welfare Act and its implementing rules, working with the local social welfare and development office, rather than under Article 362 itself. The article remains useful mainly as historical background showing how the Civil Code once approached parental responsibility for a delinquent child, before that subject was given its own comprehensive law.
Parents can also consult the local Social Welfare and Development Office or a family lawyer to understand what programs and obligations apply to their specific situation, since the intervention and diversion procedures differ depending on the child's age and the nature of the offense.
Related provisions
- Civil Code, Article 362 — Judicial Admonition of Parents
- Civil Code, Article 361 — Juvenile Courts to Be Established