2. Acquisition (RA 6809)

Acquisition of Capacity to Act (RA 6809)

Concept

Republic Act No. 6809 concerns the acquisition of capacity to act through age. Its stated purpose is to lower the age of majority from twenty-one to eighteen years. Age is also expressly identified in the Civil Code as a circumstance that may modify or limit capacity to act. The Act’s stated change in the age of majority must therefore be read alongside, rather than as a replacement for, the Civil Code’s rules on limitations arising from other circumstances. (Preamble, Rep. Act No. 6809)¹ (Art. 39, Civil Code)²

Governing provisions

• The preamble of RA 6809 states that the Act lowers the age of majority from twenty-one to eighteen years and amends Executive Order No. 209 for that purpose. (Preamble, Rep. Act No. 6809)¹
• Section 1 of RA 6809 amends Article 234 of Executive Order No. 209, the Family Code. The supplied text of Section 1 introduces the amendment but does not reproduce the amended article. (Sec. 1, Rep. Act No. 6809)³
• Article 39 of the Civil Code lists age among the circumstances that modify or limit capacity to act and states that their consequences are governed by the Civil Code, other codes, the Rules of Court, and special laws. (Art. 39, Civil Code)²

Requisites / Rules

• For this topic, identify eighteen years as the age of majority stated in RA 6809’s preamble. Do not treat that statement as a complete account of every rule on a person’s capacity to perform a particular act. (Preamble, Rep. Act No. 6809)¹ (Art. 39, Civil Code)²
• When a question concerns an instrument favorable to minors that already existed upon the Act’s effectivity, apply Section 4’s express protection against retroaction to their prejudice. (Sec. 4, Rep. Act No. 6809)⁴

Distinctions

The change in the age of majority addresses age; it does not remove the other circumstances listed in Article 39. That article separately mentions, among others, insanity, family relations, alienage, absence, insolvency, and trusteeship as circumstances that may modify or limit capacity to act. It also states that religious belief or political opinion does not limit capacity to act. (Preamble, Rep. Act No. 6809)¹ (Art. 39, Civil Code)²

Exceptions

Section 4 preserves existing wills, bequests, donations, grants, insurance policies, and similar instruments containing provisions favorable to minors: upon the Act’s effectivity, those provisions will not retroact to the minors’ prejudice. This is an express qualification to consider when the problem involves an existing instrument, rather than only a person’s age. (Sec. 4, Rep. Act No. 6809)⁴

Bar tip

State the lowered age of majority, then check separately for another limitation under Article 39 and for Section 4’s protection of existing instruments favorable to minors. (Preamble, Rep. Act No. 6809)¹ (Art. 39, Civil Code)² (Sec. 4, Rep. Act No. 6809)⁴