In the Philippines, marriage is not merely a contract but an "inviolable social institution" protected by the State. Consequently, the Family Code of the Philippines (Executive Order No. 209) prescribes strict formal and essential requisites. Among these are the requirements for Parental Consent and Parental Advice, which often cause confusion for contracting parties.
The necessity of these requirements depends entirely on the age of the parties at the time of the application for a marriage license.
1. The Legal Age of Capacity
Before discussing consent and advice, it is vital to establish the minimum age. Under Article 5 of the Family Code, the age of capacity to marry is 18 years old.
- Below 18: Any marriage contracted by a person under 18 is void from the beginning (void ab initio), even if the parents provide consent.
- 18 and Above: Parties have the legal capacity to marry, but those under the age of 25 are subject to additional requirements.
2. Parental Consent (Ages 18 to 21)
Under Article 14 of the Family Code, if either or both of the contracting parties are between the ages of 18 and 21, they are required to exhibit to the local civil registrar the consent of their parents or guardian.
- Who Provides Consent? The father, mother, surviving parent, or guardian, or any person having legal charge of them, in the order mentioned.
- Form of Consent: The consent must be in writing, signed by the parent or guardian under oath. This is typically done through an affidavit executed in the presence of the local civil registrar or a notary public.
- Legal Consequence of Absence: If a marriage is celebrated without the required parental consent, the marriage is voidable. This means the marriage is valid until it is annulled through a court proceeding. Under Article 45, the lack of parental consent is a ground for annulment, unless the party who reached 21 freely cohabited with the other as husband and wife after reaching that age.
3. Parental Advice (Ages 21 to 25)
Under Article 15 of the Family Code, if the parties are between the ages of 21 and 25, they are required to seek parental advice.
- The Process: The parties must obtain written advice from their parents or guardians. If they cannot obtain this advice, or if the parents refuse to provide it, the parties must execute a sworn statement stating that parental advice was sought but refused.
- The 90-Day (3-Month) Waiting Period: If the parties do not provide the written advice or if the parents refuse to give it, the marriage license shall not be issued until three months (90 days) have elapsed following the completion of the publication of the application for the license.
- Purpose of the Delay: This period is intended to give the parties time to reflect on the wisdom of their decision and to allow for potential reconciliation or further consultation with their parents.
- Legal Consequence of Absence: Unlike the lack of consent, the absence of parental advice does not affect the validity of the marriage. The marriage remains valid. However, the parties and the civil registrar may face administrative or civil liabilities for proceeding without complying with the mandatory waiting period.
4. Comparison Summary
| Feature | Parental Consent | Parental Advice |
|---|---|---|
| Age Bracket | 18 to below 21 years old | 21 to below 25 years old |
| Governing Law | Article 14, Family Code | Article 15, Family Code |
| Required From | Father, Mother, or Guardian | Father, Mother, or Guardian |
| Refusal Effect | License cannot be legally issued | License is delayed for 90 days |
| Effect on Marriage | Marriage is Voidable (Annulable) | Marriage is Valid |
5. Common Requisites for Both
Regardless of whether consent or advice is required, the following procedural steps usually apply:
- Marriage Counseling: Under Article 16, if parental consent or advice is required, the parties must also attach a certificate issued by a priest, minister, or accredited marriage counselor. This certificate proves that the parties have undergone instructions on responsible parenthood and family planning.
- Sworn Affidavits: Both consent and advice (or the statement of refusal) must be sworn before an authorized officer.
- Local Civil Registrar Filing: These documents must be filed along with the marriage license application in the municipality where either party habitually resides.
6. Special Circumstances
- Illegitimate Children: If the child is illegitimate, consent or advice is generally sought from the mother, who exercises primary parental authority, unless the father has legally recognized the child and exercises joint authority.
- Guardianship: If both parents are deceased or incapacitated, the legal guardian takes the place of the parents in providing consent or advice.
- Foreigners: If one of the parties is a foreigner, they must provide a Certificate of Legal Capacity to Marry issued by their respective diplomatic or consular officials, in addition to complying with the age-based requirements if the marriage is celebrated in the Philippines.
Conclusion
The Philippine legal system imposes these requirements to ensure that young couples entering into the "permanent union" of marriage do so with maturity and guidance. While the lack of Consent (18–21) can lead to the eventual dissolution of the marriage via annulment, the lack of Advice (21–25) serves primarily as a procedural "speed bump" designed to encourage familial harmony and deliberation.