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. Avatarhagot

    Good afternoon Atty.,

    My fiance and I asked for our parental advice, however, they said that they will not sign the paper. Can we still acquire marriage license? And how can we acquire? Thank you

    Reply
  2. AvatarAldrin

    Good day Sir,

    I have friends who are living together and planning to get married. Last year they applied for marriage license in Urdaneta City hall but the authorized personnel refused to issue a marriage license because the woman is just 21 year old and the authorized personnel said that they have to present parent’s consent because of her age and the personal added that parent’s consent is needed for those who are in the age span of 18-25.

    This year, she turned 22 and they really want to be married as soon as possible. Are they still subjected under the requirement of presenting parent’s consent?

    Does this law about the difference between “parent’s consent” and “parent’s advice” vary from place to place here in the Philippines or it should be implemented nationwide?

    Thanks sir

    Reply
  3. Avatarmaria

    I was 17yrs old when i got married to the 10yrs older than me..they change my age to 18yrs old with my parents consent to change my age and my marraige was not sucessful i became a battle wife….i was seperated for 17 years is it posible reason for annulment please help

    Reply
  4. Avatarvenjo

    good day i was married last august 27 2008 by solumning he was going home as we agred to seperate after the signed the marriage contract i force him to marry me but i was 21 years old sept i was 22 years old did not parent consent
    my parents consent has no knowledge that we got married…
    thanxs

    Reply
  5. AvatarJollimcdo

    Hi,
    My boyfriend and I are planning to get married soon, however both of our parents are not giving there consent with it mainly because I am a bread winner and he is was considered still very young by his family (his lola loves him so much, in a ridiculous manner!)
    I am 23 he is 21. Can someone help me ? I am still unclear with this “parent concent” issue though i was able to read the article on this blog. I would really appreciate a reply in haste. Thank you !

    Reply
  6. Avatarmhel

    good pm atty. I was married last may 08, 2015, 2 weeks after marriage my husband decided to work far from me, after a month of stay in his workplace we just had a simple fight and told me THE MARRIAGE IS OVER and there was no communication already., after this i learned that he is wid someone else already(GAY), what will i do?is dis a ground for legal separation?

    Reply
  7. Avatarkaye

    Im kaye 26 years old, and got married last may 13 2015, pirmahan lng po sa harap ng mga ilang testigo at judge, magkalive in n din po kami 4 yrs n po sa aug. Is my marriage with him is valied?? Kasi po nalaman ku nung araw n kinasal kami ang sabi nia hiwalay n daw sila ng naging gF nya habang kami ay magkalive in, pagkatapos po nun nitong july nalaman ku na hindi pa po pala cla hiwalay, nakita ku po sila isang gabi kaya po kinumpronta ku po sila, kinausap ku po sila ng maayus, peru ang ginawa ng babae nia ay sinaktan aku, wala po akung medical record sa ngyari n un dahil narin po sa pakiusap ng asawa ku para huwag n lumaki ang gulo, pagkatapos po ng insidente na yun nakatanggap aku ng mga chat sa Facebook na paninirang puri mula sa babae at pinsan ng babae ng asawa ku, at ilang pagbabanta n rin n papatayin nila ang asawa ku, hanggang ngayon nakakatanggap aku ng mga teks at ilang tawag na pangungulit ng babae sa asawa ku n huwag siang iwan, 17 yrs old lng po ang naging babae ng asawa ku, anu po b ang maari kung gawin para matigil n ang babae nia at kahit n ang asawa ku ay maturuan ng leksyon, nagdadrugs din po pala ang asawa ku kea may mga usapan kami na minsan ay nasaktan nia aku verbally and physically

    Reply
  8. Avatarreggie

    hi im reggie 22 of age and my girlfriend is also 22 of age were planning to be married on civil i just want to know if can we be married even we dont make or submit parental advice. please help me thank you.

    Reply
  9. AvatarLeo

    Hello Atty.,

    Good Evening po!..I just want to ask if i could file an annulment prior to grounds of lack of parental consent and falsified the signature of my parents..I was 20 when i was married on that time and my parents dont want me to get married that time..And now we’ve been seperated by my ex-wife for 4yrs and we haven’t seen each other for the past 4yrs..I want to be free with this kind of situation..

    Can you help me with this matter Atty.? I need a legal advice regarding this matter..

    Thanks.

    Reply
  10. Avatarbebweendrawzee

    Good day Atty.

    I’m 27 years old and my boyfriend is 24 years old. I believe that one of the requirements in the application for our civil wedding is “parental advice” since he fall under age 21-25. I would like to know what other alternative would it be because both he’s parents are deceased and he has no older siblings to be as he’s guardians. if he failed to submit the parental advice, will our marriage be considered void?

    Reply

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