Dear PAO,
My 23-year-old boyfriend and I want to get married. His parents are against our marriage because they do not want me to be their son’s wife. Will the lack of parental advice invalidate our marriage if we proceed with it?
Claren
Dear Claren,
Articles 2, 3 and 4 of “The Family Code of the Philippines” provide the essential and formal requisites of marriage and the effect if any of the said requisites are missing, to wit:
“Art. 2. No marriage shall be valid, unless these essential requisites are present:
“(1) Legal capacity of the contracting parties who must be a male and a female; and
“(2) Consent freely given in the presence of the solemnizing officer.
“Art. 3. The formal requisites of marriage are:
“(1) Authority of the solemnizing officer;
“(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
“(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
“Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
“A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.
“An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.” (Emphasis added)
Relatedly, Article 15 of the Family Code of the Philippines provides the effect if any contracting party to a marriage between the age of 21 and 25 does not obtain parental advice or if it be unfavorable, to wit:
“Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. 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 a marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (Emphasis added)
Based on the facts you provided, your 23-year-old boyfriend shall be obliged to ask his parents for advice regarding your intended marriage. If he does not obtain such advice, it will not invalidate your intended marriage because parental advice is not considered an essential or formal requisite of marriage. The only effect of its absence is that your marriage license shall not be issued until after three months following the completion of the publication of the application therefor.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
