Text of the provision
Art. 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.
(2180(2)a and (4)a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Parents (and others exercising parental authority) are civilly liable for the injuries and damage caused by their unemancipated children. This is vicarious liability — the parent answers for the child's acts or omissions — and it attaches when the child is living in the parent's company and under their authority.
It is not absolute. It is subject to the appropriate defenses provided by law — principally proof that the parent exercised the diligence of a good father of a family to prevent the harm. The rule presses parents to actually supervise, backing up the duties in Article 220.
Related provisions
- Article 220 — the duty of supervision this liability enforces.
- Article 209 — liability turns on the child being unemancipated and under parental authority.
Cases interpreting this article
- Authorities on Article 221 will be added here as each is verified against primary sources.