Art. 14. In case either or both
of the contracting parties, not having been emancipated by a previous marriage,
are between the ages of eighteen and twenty-one, they shall, in addition to the
requirements of the preceding articles, exhibit to the local civil registrar,
the consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order mentioned. Such
consent shall be manifested in writing by the interested party, who personally
appears before the proper local civil registrar, or in the form of an affidavit
made in the presence of two witnesses and attested before any official
authorized by law to administer oaths. The personal manifestation shall be
recorded in both applications for marriage license, and the affidavit, if one
is executed instead, shall be attached to said applications.
When is parental
consent required?
Parental consent is required when either or both of the contracting parties, not having
been emancipated by a previous marriage, are between the ages of 18 and 21.
Who shall give the
consent?
The father, mother,
surviving parent or guardian, or persons having legal charge of the contracting
parties, in the order mentioned.
How is the parental consent 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 manifested:
(1)
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.
The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.
Effect
on the validity of marriage if parental consent is required but not secured or
given.
Non-compliance
with the requirement of parental consent will not render the marriage void but merely voidable
under Art. 45 (1) of the Family Code. This means that the marriage is valid until annulled. The party whose parent or guardian did not give his or her consent may file a petition for annulment of the marriage within 5 years after attaining the age of 21. His or her parent, guardian or the person having charge of him/her, in that order, may also file the petition at any time before he or she reaches the age of 21. The petition could no longer be filed after the concerned party reaches the age of 21 and freely cohabited with the other, and both lived together as husband and wife.
Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to
have the marriage annulled was eighteen years of age or over but below twenty
one, and the marriage was solemnized without the consent of the parents,
guardian or person having substitute parental authority over the party, in that
order, unless after attaining the age of twenty one, such party freely
cohabited with the other and both lived together as husband and wife.
Limitations:
1. Petition for annulment of marriage may
be filed only on behalf of the party who is between 18 and 21 at the time
of marriage.
2. The petition could no longer be filed
after the concerned party reaches the age of 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.
Who may file the petition and within
what period?
The action for annulment of voidable
marriage must be filed:
1. by the party whose parent or guardian did not
give his or her consent, within five years after attaining the age of 21;
or
2. by the parent or guardian or person having legal
charge of the minor, at any time before such party reaches the age of 21. (Art. 47, FC)
Could the
parents give their consent to the marriage of their child who is below 18 years
old?
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.
(www.jlp-law.com)
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