Text of the provision

Art. 228. Parental authority terminates permanently:

(1) Upon the death of the parents;

(2) Upon the death of the child; or

(3) Upon emancipation of the child.

(327a)

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

Three events end parental authority permanently — it does not revive afterward: the death of the parents, the death of the child, or the emancipation of the child.

Emancipation now takes place upon reaching the age of majority, which Republic Act No. 6809 (1989) lowered to eighteen. That is why parental authority as a legal power normally ends at 18 — though certain support obligations continue beyond it. Contrast the revivable terminations in Article 229.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.