1. Statutory Backbone

Instrument	Core Provision	What it Says
Family Code of the Philippines (Exec. Order No. 209, 1987, as amended)	Art. 5, 14–16, 45(1)	Fixes the minimum marrying age at 18, creates the two-tier parental consent / advice scheme, and classifies a marriage without the required consent as voidable.
R.A. 6809 (1990) – “Age of Majority Act”	§ 2	Lowers the civil age of majority from 21 to 18 without touching the Family Code rule on marital consent/advice.
R.A. 11596 (2021) – “Prohibition of Child Marriage Act”	§ 4	Declares any marriage where one party is below 18 void ab initio and criminalises facilitation—but does not disturb the consent/advice regime for 18-to-24-year-olds.

Bottom line: • Below 18 → marriage absolutely barred • 18–20 → need parental consent (Art. 14) • 21–24 → need parental advice (Art. 15) • 25+ → no parental involvement at all

2. The Two Tiers, Side by Side

Feature	Parental Consent	Parental Advice
Who must obtain it?	Applicants 18–20 years old	Applicants 21–24 years old
Form	■ Written instrument signed by a parent/parents or person exercising substitute parental authority. ■ Executed personally before the Local Civil Registrar (LCR) or a notary public (Art. 14).	■ Written advice stating whether parents are favorable or not to the marriage (Art. 15). ■ Also sworn before the LCR or a notary.
Filing	Attached to the marriage-license application (Form 90).	Same: attached to the marriage-license application.
What if missing?	• Marriage becomes voidable under Art. 45(1). • Annulment suit may be filed by the party whose consent is needed (or by the parents) before the party turns 21 or within 5 years thereafter, unless the marriage is ratified freely after 21 (Art. 47(1)).	• License may still be issued, but the LCR must post-pone release for three months from completion of other formalities (Art. 15 ¶ 2). • Marriage remains perfectly valid; absence only incurs administrative/disciplinary liability for the LCR and the solemnizing officer.
Effect of unfavorable advice	N/A (consent must be affirmative).	Same 3-month waiting period applies; applicant may marry once period lapses—even over parents’ objection.
Substitutes if parents unavailable	In order: surviving grandparent → older sibling → actual guardian (Art. 14 ¶ 2).	Same substitution chain (Art. 15 ¶ 1).
Criminal liability	None—the remedy is annulment.	None.
Civil liability	Parents may be sued for damages only if they withhold consent in arbitrary, malicious manner (very rare).	None.

3. Step-by-Step Compliance (Civil Wedding)

Gather civil registry papers
- PSA CENOMAR, birth certificates, recent IDs, barangay clearance, photo.
Draft & execute consent/advice
- Use LCR template or sworn affidavit format; one document per marrying party if both are under the relevant age-bracket.
Appear before the LCR (city/municipality of either applicant):
- Submit application (Form 90) + sworn consent/advice + ID proofs + filing fee (₱100–₱200 typical).
Posting period (Art. 17): 10 days on the bulletin board of the LCR.
License release
- Immediate for ages 18–20 once consent verified.
- Three-month hold for ages 21–24 if advice is absent or unfavorable; otherwise standard release.
Solemnization within 120 days of license issuance; attach consent/advice to the civil wedding papers the officiant files back with the LCR.

4. Jurisprudence & Commentary Highlights

Case / Source	G.R. No.	Held
Duncan v. C.A. (voidable marriage)	154994 (11 Apr 2005)	Reiterated that lack of parental consent is a ground for annulment, not for declaration of nullity.
Montemayor v. People (bigamy)	181089 (14 Mar 2012)	Even a voidable first marriage (for lack of consent) is valid until annulled, so a second marriage before annulment may constitute bigamy.
Tolentino, Commentaries & Jurisprudence on the Civil Code, Vol. I	—	Explains why R.A. 6809 did not repeal Art. 14: marriage creates family ties of higher public interest than ordinary civil capacity.
N. Catahan, “Child, Early & Forced Marriage under R.A. 11596” (2023)	—	Surveys the new criminal penalties but affirms that parental consent/advice for 18-to-24-year-olds remains intact.

5. Practical Pitfalls

“Secret weddings” of 18-to-20-year-olds
- Even with a cooperative officiant, the defect is fatal if timely attacked.
Fake consent forms
- Falsification under Art. 171, Revised Penal Code + Administrative sanctions on LCR personnel.
Overseas marriages
- If celebrated abroad under local law, Philippine citizens 18–20 still need parental consent per Art. 26 in relation to Art. 15—otherwise voidable upon return.
Muslim & Indigenous Peoples
- Code of Muslim Personal Laws (P.D. 1083) and customary laws may set different age thresholds and consent rules, but R.A. 11596 now overrides any allowance for marriages below 18.

6. Reform Landscape (2025 watch-list)

House Bill 44 & Senate Bill 871 – propose to abolish parental advice as obsolete, keeping only the consent requirement up to 21 to harmonise with global norms. Still in committee as of May 2025.
Digital Civil Registry System – PSA’s PhilSys integration will soon allow e-consent filings (pilot Q4 2025).

7. Checklist for Couples & Lawyers

☐ Parties’ ages verified (≥ 18).
☐ Determine if parental consent (18–20) or advice (21–24) applies.
☐ Prepare and notarise the proper instrument.
☐ Attach to license application; note possible three-month hold.
☐ Keep originals—annulment suits often rise or fall on documentary authenticity.

Conclusion

The parental‐consent / parental‐advice dichotomy is a uniquely Filipino attempt to balance youthful autonomy with family participation in one of life’s most enduring contracts. Consent (for 18–20) is a condition of validity; advice (for 21–24) is a regulatory speed bump. Both mechanisms co-exist with modern reforms—including the outright ban on child marriage—reflecting the State’s continuing interest in ensuring that marriages are entered into with maturity, deliberation, and family support.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For actual cases, consult a Philippine lawyer or the local civil registrar.