Lack of Parental Consent or Parental Advice: Effect on Validity of Marriage in the Philippines

“I was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid?” This is one of the discussions or questions, submitted through the comments in various posts, which centers on the validity of marriage without the knowledge or consent of parents. This is a general discussion on parental consent and parental advice.

Lack of Parental Consent or Parental Advice in Philippines, Effect on Marriage


“Parental consent” and “parental advice” are different legal concepts and CANNOT be used interchangeably. The “parental consent” or “parental advice”, as the case may be, is required during the application for a marriage license.

  • Parental consent is required when either or both of the contracting parties are between the ages of eighteen (18) and twenty-one (21).
  • Parental advice, on the other hand, is required if either or both of the contracting parties is/are between the age of twenty-one (21) and twenty-five (25).


The marriage is voidable, subject to the filing of a petition for annulment. In other words, the marriage is valid until annulled. There are two limitations:

  • 2. The petition could no longer be filed after the concerned party reaches 21 and freely cohabited with the other, and both lived together as husband and wife. The marriage is considered ratified if no petition is timely filed. [See Prescription of Actions]


The marriage of a person below 18 years of age, even with the consent of the parents, are void ab initio (void from the very beginning). Capacity to marry of both parties is an essential requisite of marriage, the absence of which renders the marriage null and void. [See Grounds for Declaration of Nullity]


The validity of the marriage is not affected. If the parties do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three (3) months following the completion of the publication of the application. If the marriage license is issued before the lapse of this period, then the responsible parties shall be civilly, criminally and administratively liable.


The applicants shall exhibit to the local civil registrar, during the application for a marriage license, the consent to their marriage by their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. The consent may be: (1) manifested in writing by the interested party, who personally appears before the proper local civil registrar; or (2) in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths.


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.

Parental advice or consent is required in the issuance of a marriage license. The local registrar may choose not to issue a marriage license for lack of parental consent. A marriage solemnized without a valid marriage license is void from the beginning (unless it falls under the exceptions). It doesn’t matter if the parents gave their consent. [See Marriages Exempt from Marriage License Requirement]


If you can’t find the answers here, please refer to Part I, Part II, Part III or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).


59 thoughts on “Lack of Parental Consent or Parental Advice: Effect on Validity of Marriage in the Philippines

  1. Avataraquamarine22

    I was only 19 when i got married , my husband is a foreigner and we dont get along together.He abandoned me for almost 1 year now infact when he get back in the U.S he sent me an email saying we are done and stuff like that.My question is does the email he sent me is big enough to file for an annulment? Could i possibly ask the court for a “presumptive death of spouse” (absent of spouse)??? I am really stuck in my marriage life and i want to have freedom and be free,please help me:(

    1. Avatarnoreen

      keep the faith! do good and be free, true love is where you feel comfortable and free in every aspect of life. God bless I will pray for you.

    2. AvatarPrince

      Hello aquamarrine22 me and my girlfriend wants to get married without her parent’s consent. Can you please advise me how you the wedding thing. We love each other. Sorry for your situation. Thank you for your help.

  2. Avatarbolshoi

    In June 1986, in our province, I was already 5 months pregnant, I was 14 1/2yo then, my mother signed a consent for me to be married because I was pregnant (the guy was 18yo then). My mother (who is already separated from my father) who signed the consent died a year after. Since, I was the eldest, after I gave birth, I left the kid with her grandparents and continued studies through scholarship and find work to support my brothers and sister. Eversince, I am using “single” (the same as the guy)as my marital status. Now, my father came back to us and want to help us to go abroad, I found out after 23 yrs that in my cenomar, that the marriage was registered. What shall I do? Can you please help me? My father wants to do something about it but also don’t know how. Thank you.

    1. AvatarPrince

      Good day, I am 25 yrs old and my girlfriend is 19 yrs of age. We want to get married as soon as possible before the year ends but the problem is her parents doesn’t like me… They don’t want to give us permission. Is there anything we can do to get married without their consent. I don’t want to commit fornication with my girlfriend.. We want to enjoy things inside marriage. Please help us.. Thank you very much.

  3. Avatarjesusa adena salita

    I got married at 18 and my husband is 17 years old when we got married.Right now we are separated for 8 years. Do I need to file an annulment even Im leaving here abroad? Right now theres someone asking me to marry. Do i have a right to marry again?

  4. Avatarprecy

    hi atty.
    Good day I was married last Aug.22 2008 by civil wedding,and it was done by 12noon by 2pm he was going home as we agred to separate after he signed the marraige contract,i get pregnant and i force him to marry me.but he was 24 that time and i was 25 he did not secured a parent consent and im the one who provide a parent consent for him i use other person as his guardian and the LCR accept it,until now we have no comunication..plz help me can i use as a grounds for annulment ,the absence of parent consent.?his parents has no knowledge that we got married…tnx a lot..

  5. Avatarhanasaionji

    I have a friend who married a 32 year old guy. She is only 18 years old. Is their marriage valid? There was no parent consent in her part. How can she make the marriage null and void? Thanks soo much! 🙂

  6. Avatarhopeless_me

    i got married when i’m 18yo. i have no parental consent back then. im now 23yo and would want to have an annulment. me and my husband are now not living together for 2 yrs now. can lack of parental consent be a ground for an annulment?

  7. Avatarhopeless_me

    i’m able to get a copy of our marriage certificate so i believe that it was registered even if i have no parental consent that time.

  8. Avataraled

    i was married when i’m 23. my husband is also 23 that time.we were asked to provide a parent’s consent.he has made his father signed but forged the signature of my mother. we separated after 6months. and can a person be considered psychologically incapacitated when he is of aged 25 yet he is not thinking responsibility only computer games? at age of 25, he is acting as if 12 year old boy. can these be grounds for an annulment?

  9. Avatarneo07ph

    is my parents consent valid when i was 21, i forged the signature of my mother for the parents consent?and at that time when i got married my parents and my wife’s parents didn’t know that we got married is our marriage valid?is it a ground so i can file for nullity of marriage or annulment?

  10. Avatarchai

    Good day atty!
    I was married 2005, somebody acquired a marriage license for us (my husband & I) in our city hall. Our mayor that time officiate our ceremony & the witnesses signed in our marriage contract was our friends & they are persons other those who were supposed to be our “ninong” & “ninang” written in our marriage certificate/contract. I would like to ask if our marriage was valid?


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.