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
marriage license. Should the parents or guardian refuse to give any advice,
this fact shall be stated in the sworn statement.
When is parental advice required?
Parental
advice is required when either or both of
the marriage applicants are between the ages of 18 and 25.
Who shall give the consent?
The parents or guardian of the contracting parties
How is
the parental advice submitted?
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.
Effect
if no parental advice was obtained or if the advice was unfavorable
If the
parties do not obtain parental advice, or
if it be unfavorable, the marriage license shall not be issued till after 3
months following the completion of the publication of the application
therefor.
Is the
parental advice indispensable for the validity of marriage?
It is
evident from the above provision that the requirement of parental advice is not
indispensable for the validity of the marriage. Consequently, even if the
contracting parties are able to secure a marriage license without the required
parental advice and they got married even before the expiration of the 3 months
following the completion of the publication of the application for a marriage
license, the marriage is perfectly valid, although the parties are criminally
liable. (Desiderio P. Jurado, Civil Law Reviewer, 2006 ed., p. 71)
“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.” (Art. 4, par. 3, Family Code)
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