Superseded. Children in conflict with the law are not dealt with under this article. Republic Act No. 9344 (2006), as amended by Republic Act No. 10630 (2013), governs juvenile justice — the minimum age of criminal responsibility, diversion and intervention. The text below is reproduced as originally enacted, for reference only.
Text of the provision
Art. 362. Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
When a child is found delinquent by any court, the father, mother or guardian may in a proper case be judicially admonished. The admonition is directed at the adult responsible for the child, and only where the circumstances warrant it.
The admonition falls on the adult responsible for the child — father, mother, or guardian — not on the child, reflecting an assumption that a child’s delinquency often traces back to a lapse in the parental care and guidance described elsewhere in this chapter. The qualifiers “may” and “in a proper case” leave the measure discretionary, to be used only where the finding of delinquency and the surrounding circumstances make it warranted, rather than automatically in every case.
Questions about this provision
Related provisions
- Article 361 — Juvenile Courts to Be Established.
- Article 369 — Surname After Annulment.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.