There has been some confusion over the provisions of the Family
Code of the Philippines mandating parties between the ages of eighteen
and twenty-one years to obtain parental consent and the rule requiring
parties between the ages of twenty-one and twenty-five to obtain parental
advice before getting married. The Law Professor will now clarify matters
by tackling the difference between the two requirements.
PARENTAL CONSENT
The rule on parental consent is found under Article 14 of the Family
Code. It states that in case either or both of the contracting parties
are between the ages of eighteen and twenty-one, they shall exhibit to
the local civil registrar, the consent to their marriage of their father,
mother, surviving parent or guardian, or persons having legal charge of
them, in the order mentioned.
The parental consent shall be manifested in writing by the interested
party, who personally appears before the proper local civil registrar,
or in the form of an affidavit made in the presence of two witnesses and
attested before any official authorized by law to administer oaths. The
personal manifestation shall be recorded in both applications for marriage
license, and the affidavit, if one is executed instead, shall be attached
to said applications.
Non-compliance with the requirement of parental consent does not make
the marriage invalid or void but merely annullable, which means that the
marriage is valid until annulled. As a result, a petition for the
annulment of the marriage may be filed by the parents, guardian or person
having substitute parental authority over the party seeking the annulment,
in that order, unless after attaining the age of twenty-one, such party
freely cohabited with the other and both lived together as husband and
wife.
PARENTAL ADVICE
The rule on parental advice is found under Article 15 of the Family
Code. It states that any contracting party between the age of twenty-one
and twenty-five shall be obliged to ask their parents or guardian for advice
upon the intended marriage. If they do not obtain such advice, or if it
be unfavorable, the marriage license shall not be issued till after three
months following the completion of the publication of the application therefor.
A sworn statement by the contracting parties to the effect that such
advice has been sought, together with the written advice given, if any,
shall be attached to the application for marriage license. Should the parents
or guardian refuse to give any advice, this fact shall be stated in the
sworn statement.
However, if the marriage license is issued within the said three months
and the parties were able to get married on the basis of such marriage
license, the said marriage is completely valid but will subject the parties
to civil, criminal or administrative liabilities in accordance with Article
4, Paragraph 3 of the Family Code of the Philippines which states that:
"An irregularity in the formal requisites shall not affect
the validity of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable."
