Teen-ager’s marriage can be voided
"I was only 18 years old and was still in college when I married my girlfriend in 2008. We decided to get married when her brother chanced upon us in a compromising situation in her apartment. Our marriage was solemnized by a mayor here in Baguio. No one in my family knows about our marriage except my younger brother as they are all living abroad. The marriage didn’t work out and we are now living separately since September 2009. I have a girlfriend now and I know I cannot marry her because of my previous marriage. Is there a way so I can legally marry again?Raymart of Baguio City
Dear Raymart,Article 14 of the Family Code of the Philippines provides that in case either or both of the parties to a marriage are between the ages of 18 and 21, they shall, in addition to the essential and formal requisites of marriage, 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 to administer oaths.
Since you were only 18 years old when you were married, you should have had the consent of your parents or your guardian to your marriage because it was necessary. You stated in your letter that no one in your family except your younger brother knew about your marriage. We will then assume that you were not able to obtain the consent as required by the Family Code of the Philippines. As a consequence of this, the marriage between you and your wife is considered as voidable (Article 45, Family Code of the Philippines). Voidable marriages will remain valid until it is annulled. This being the case, you cannot validly enter into another marriage without having your first marriage annulled.To be able to legally marry again, you must file a petition for annulment of marriage in the Family Court, if there is one, or in its absence, in the regional trial court of the place where you or your wife currently resides. You must be able to institute this petition within five years which will be counted after you have attained the age of 21 years old. Your parents or your guardian may also file a petition for annulment anytime before you reach the age of 21 years old (Article 47, Family Code of the Philippines). Once your marriage is annulled by the court, you will have the capacity to marry your new girlfriend or any person you wish to marry, provided that you and the person you will marry will comply with all the essential and formal requisites of marriage as required by law.
Finally, we wish to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated.We hope that we were able to address your concern.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org or via text message (key in: Times dearpao and send to 2299.)"
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"Teen-ager’s marriage can be voided"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021