Parental consent and advice
"My girlfriend’s father is frustrated because one of his daughters, the younger sister of my girlfriend, is planning to get married next month. She is 23 years old, while her boyfriend is 22. They said they are planning to marry each other to help them expedite the processing of their papers for migration to another country. My girlfriend’s sister only told her father last week, that’s why he is still enraged with the idea of having his young daughter marry a younger guy and move to another country. He clearly does not approve of his younger daughter’s marriage. His wife shares his disapproval. Because of this, my girlfriend’s father is asking if his younger daughter can marry without his and his wife’s consent. Can they legally marry without their presence and consent? I hope you can advise us about this.
The Family Code of the Philippines has a specific provision with regard to the requirement of consent and advice of parents in the marriage of their children. The requirement for parental consent is only necessary for application for a marriage license when one or both of the contracting parties is/are between the ages of eighteen 18 and 21. The law states:“Article. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, 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. Such 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” (Family Code of the Philippines).
Considering that your girlfriend’s sister and her boyfriend are more than 21 years of age, the requirement for parental consent is not applicable to them. However, the law still requires them to obtain parental advice. Article 15 of the Family Code requires couples between the ages of 21 and 25 to ask for their parents’ or guardian’s advice, to wit:“Article 15. 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. (62a)” (Emphasis supplied)
As can be seen from this cited provision, failure to obtain the required parental advice will not prohibit them from getting married. It will only delay the solemnization of their marriage. Thus, even if your girlfriend’s parents refuse to give their parental advice to their younger daugh ter, she would still be able to get married after the aforementioned three-month period for the issuance of their marriage license.The law does not require parents to be present or witness the solemnization of her marriage for it to be valid. The law requires the presence of not less than two witnesses of legal age as a formal requisite of marriage. (Article 3, Family Code). Thus, the absence of your girlfriend’s parents will not affect the validity of their daughter’s marriage.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for chief Acosta may be sent to "
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"Parental consent and advice"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021