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FEATURE
Legally, 18

By Delmar Cariño
Philippine Daily Inquirer
First Posted 08:08:00 09/21/2008

Filed Under: People, Laws, Lifestyle & Leisure

MANILA, Philippines?There?s more to turning 18 than just being free to date and party. Under Philippine laws, being 18 means attaining ?legal age? or crossing the threshold into adulthood. At this age, one is no longer considered a child and must therefore be aware of the legal consequences of one?s actions.

Although the Family Code of the Philippines originally prescribed 21 as the age of majority, Republic Act 6809 which Congress enacted on Dec. 13, 1989, lowered that age to 18.

When you hit this magic age, the law suddenly invests you with the following:

1. Right to vote. You may now register with the Commission on Elections so that in the next election, you can help choose the country?s future leaders.

2. Right to file your candidacy for an elective position. At 18, you can run for the following positions: councilor of the city or town council (Sangguniang Panglungsod or Sangguniang Bayan), as barangay chair or kagawad (member of the village council), or as Sangguniang Kabataan chair or member since the law has set the ages 15 to 21 for these elective youth positions.

3. Right to acquire a driver?s license. You may now apply at the Land Transportation Office using your real age.

4. Right to make a will. You now have the capacity and power to make a will for the disposition of your property. You may also become an instrumental witness to the execution of a will.

5. Right to adopt. You are now legally able to adopt a child, but only a minor who must be at least 16 years old younger than you?unless the person to be adopted is your own child or the child of a spouse from a previous relationship. But the law on adoption is very strict; aside from being of the right age, you must be in a position to support and care for the adoptee.

6. Right to get married. Under the Family Code, you can marry at 18, but you must obtain your parents? consent.

7. Right to enter into a contract. You can now enter into a contract, but you will also be legally bound to perform your obligations. This also gives you the right to ask the other party to perform his or her own obligation. This means that you can now enter into a real estate or chattel mortgage, offer your services in a job contract, sign a business agreement with a partner or secure a loan from a bank.

8. Right to acquire and sell property. Having attained the age of majority, you can now buy and sell, or acquire and dispose of property on your own. You can now also exercise your rights over your property held by your guardian or trustee.

9. Full criminal responsibility. If you commit a crime, you will be tried as an adult, meaning you will be fully responsible if found guilty, subject to circumstances that may mitigate, justify or exempt your criminal liability.

10. Right to become an incorporator of a corporation and to own a share of stock. The Corporation Code of the Philippines only allows persons of legal age to become incorporators of a corporation. It is also at this age that you can legally acquire shares of stock.

11. Freedom from prohibitive ordinances. There are town ordinances that prohibit certain acts for minors, like drinking or smoking in an establishment, playing in an Internet or computer shop, entering a game and amusement park, or biking or boating alone. As a minor, you were prohibited from loitering around after dark due to a curfew ordinance. This time, you are no longer covered by these ordinances.

Remember, though, that the rights and freedoms you gain at 18 are not absolute. They are all subject to limitations imposed by law.

Delmar Cariño is a practicing lawyer and a Benguet correspondent of the Philippine Daily Inquirer.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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