Dear PAO,
My brother and his girlfriend recently celebrated their 23rd birthday together. I heard they plan to have a secret marriage wherein only close friends and relatives will be invited. My brother also told me that they would not invite his girlfriend's family. Can they get married even without the approval and consent of the family of my brother's girlfriend?
Maria
Dear Maria,
To answer your question, we shall refer to Article 15 of the Family Code of the Philippines, which states that:
“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.”
Hence, under the law, persons between the ages of 21 and 25 intending to marry are mandated to ask for their parents' advice as an additional requirement in acquiring a marriage license. The written advice of the parents of the concerned party/ies shall be attached to the sworn statement of the contracting parties.
In the case of your brother and his girlfriend, since you mentioned that they just celebrated their 23rd birthday, they need parental advice from your parents and his girlfriend's parents. However, if they both agree not to secure the advice of the parents of your brother's girlfriend, then the marriage license will not be issued until after three months following the publication of the application for such license. The validity of the impending marriage between your brother and his girlfriend shall not be affected, even without the latter's parental advice.
On the other hand, even if your brother and his girlfriend secure the parental advice of both sides, Article 16 of the Family Code of the Philippines provides that a certificate issued by a priest, imam or minister authorized to solemnize marriage or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling is also a must. In the absence of such a certificate, the issuance of the marriage license will also be suspended for a period of three months following the publication of the application.
We hope that we were able to answer your queries. 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 dearpao@manilatimes.net
RECENT COMMENTS