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 VS. PARENTAL ADVICE

“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).

PARENTAL CONSENT: EFFECT OF ABSENCE

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]

PARENTAL CONSENT IF CHILD BELOW 18

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]

PARENTAL CONSENT: EFFECT OF ABSENCE

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.

PARENTAL CONSENT: HOW GIVEN

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.

PARENTAL ADVICE AND MARRIAGE LICENSE

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]

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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).

Atty.Fred

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

  1. Avatarmild18

    hi!

    i got married last Sept 2001, but i can’t remember having a marriage license, we just went to the Civil Registry Office and the City Registrar solemnized our wedding, after almost 3 weeks we got the copy of our marriage contract, how will i know if there was a marriage license? is the City Registrar authorized to conduct or solemnized wedding inside the Civil Registry Office?

    thanks!

    Reply
  2. Avatarshei

    Dear Atty,

    I would like to know it the following reasons are grounds for annullment or considered the marriage null and void?

    1. No parental consent or advise for the marriage. The parents didnt know that they are getting married.
    2. The contracting parties signed the marriage certificate without the presence of the solemnizing officer and vise versa.
    3. No marriage ceremony happened at the date, time and place indicated in the certificate.
    4. The spouse (man) falsified the signature of their parents.
    5. They are relative, on the 5th degree.

    Thank you very much

    Reply
  3. Avatarjedai0620

    Good Day Atty.

    Ask ko lang po kung pede mapawalan ng bisa ang marriage namin ng ex wife ko.. we gor married yr 2008 because I have to leave the country that time. and because we were only 20 then, kumausap kami ng fake parents para magsign ng contract at humarap sa city mayor. the signature there is different from the signature of our real parents.
    tanong ko lang po sana kung is there a way para mapawalang bisa namin yung marriage contract na yun for us to live separately na… napagusapan na namin ang bout dito and we both want this.

    thanks..

    Reply
  4. AvatarCAS-US

    Hello,

    I am a US citizen, who married a filipino wife. She was 19yrs at time of marriage. During the process of getting a marriage license.. i recall the office wanting both her Father & Mothers consent. There seemed to be a problem, and my wifes mother seemed to take care of things.. then she signed the paper.. later we got the marriage license.

    I learned that i believe they claimed the father has been gone and living someplace else in the Philippines, for a long time. That part is true. But i believe they claimed that they do not know how to contact him or find him. That part is very false.. they do know and have some contact with him. So, i am not sure, but i believe they falsly did our papers for our marriage.

    Does this fact give an option for being nulidity?

    The mother did sign and give her consent.. and from what i have learned after the marriage.. i believe the mother had somewhat pushed the daughter to marry me.. because she thought i was a rich foriegner. The wife had no intention of coming to the US as agreed, and just used me for what they could get.

    So, im trying to figure out if this fact can be used for nulidity of the marriage from the beginning… or if i must look to the annulment process (wich we have several qualifications for), in order to be free to marry a good filipino lady in the future.

    PS.. as i am not a filipino citizen.. am i allowed to file for either of these possibilities, or will i need to get the wife to file them, as she is the filipino citizen?

    Reply
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  6. Avatarmqlara15

    Dear Atty.,

    I am pregnant when we got married at the age of 22, my husband’s side doesn’t want us to be married, so we decided to fraud their signature and their parents consent. Now, we are facing problems that sometimes goes to decision of separation. He is working abroad and I am working here in Philippines, My question are (1) Can we apply for annulment or nullity of marriage? (2) What about the custody of our son even if we don’t have yet the approval of my petition or if I haven’t file yet? (3) Is’t okay if I don’t give or show my son to his family during visits or whether they want my son to stay with them for a while?
    (4) How about the support of my son?

    Thank you.

    Reply
  7. Avatarangel29

    good day! I am married for almost a year. I married without the permission of my parents. It’s a civil wedding. I was 20 years old that time. Now, I am close to 22. and had an affair with another man. My husband found out. I want a legal separation of my husband. Omission is one of the reason why i want a separation. what should i do?

    Reply
  8. Avatarangel29

    good day atty!
    I am married for almost a year. I married without the permission of my parents. It’s a civil wedding. I was 20 years old that time. Now, I am close to 22. and had an affair with another man. My husband found out. I want a legal separation of my husband. Omission is one of the reason why i want a separation. what should i do?
    thank you 🙂

    Reply
  9. AvatarJay

    Hi atty. i got married at the age of 21. I was threatened only to marry her and my mother did not sign the consent for the marriage but my brother signs on her behalf. Is my marriage void?

    Reply
  10. Avatargarcia

    Dear Atty.

    my ex-husband and i got married when i was 25 & he is 24, we only asked someone from his family (not his father nor mother)specifically, aunt to sign the parental advice since he is only 24. sa huwes lang po kami kinasal. we got married kahit we know po na ayaw ng parents nya. kaya absent din po sila nung wedding namin.

    after about 3yrs, we got separated pero hindi pa namin nafifile ang annulment.

    ask ko lang po if VALID PO BA ANG KASAL NAMIN ESP. WALA PONG PARENTAL ADVICE? pwede po bang iyon ang grounds ng pagfile ng annulment? pano po kung VALID pa rin ang wedding, ano po ang dapat namin gawin?

    IN ADDITION, MERON KAMING NAKUHANG MARRIAGE LICENSE KAHIT NA MAY PROBLEM SA PARENTAL ADVICE BECAUSE OTHER FAMILY MEMBER LANG ANG NAGSIGN. pwede ba namin gawing grounds na hindi mother or father nya ang nagsign ng parental advice? pero di ko maisip bakit kami naisyuhan ng marriage license kahit ganon ang nangyri, though, hindi naman kasi namin sinabi na tutol ang parents nya..

    Reply

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