Dear PAO,

I plan to marry my girlfriend, who is five years younger than me. She just turned 19 last month. We are also considering moving into a new house together, and I feel this is the perfect time to propose. I believe I’m ready to support our future family because I already have a stable income. Since my girlfriend is already of legal age, can we proceed with getting married?

Borg

Dear Borg,

To answer your question, we shall refer to Article 14 of the Family Code of the Philippines, which states:

“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.”

Hence, under the law, persons between the ages of 18 and 21 intending to marry are required to ask for the consent of their parents as an additional requirement to acquire a marriage license. The consent shall be in writing and the parents concerned must personally appear in the local civil registrar. However, parents may also choose to execute an affidavit signifying their consent.

This affidavit must be signed by two witnesses and attested before any person authorized to administer oaths.

In your case, you mentioned that your girlfriend is already 19 years old. Although no longer a minor, she still needs to ask for her parents’ consent. This is mandatory, notwithstanding the fact that she is already of legal age. Should you continue with your planned marriage even without the consent of your girlfriend’s parents, your marriage will become voidable. This means your marriage is considered valid but may be annulled, as provided for under Article 45 of the Family Code of the Philippines.

We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.

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]