Parental advice in marriage
DearPAO, Thattheyareplanning tohaveasecretmarriage whereinonlyclosefriends andrelativeswillbeinvited. Mybrotheralso toldmethattheywould notinvitethefamilyof hisgirlfriend. Currently,theyarediscussingthe requirementsinacquiringamarriagelicense. PleaseenlightenmesoIcanconveyittomy brother. Althoughtheyarenolongerminors,I amworriedthatthismayhaveimplicationson thevalidityoftheirmarriageafter. Jack
Dear Jack,
To answer your question, we shall refer to Article 15 of the Family Code of the Philippines, which states:
“Article 15. Any contracting party between the AGE OF TWENTY-ONE (21) AND TWENTY-fiVE (25) 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.” (Emphases supplied)
Hence, under the law, persons between the ages 21 and 25 intending to marry each other are mandated to ask for the advice of their parents as an additional requirement in acquiring a marriage license. The written advice of the parents of the concerned party or parties shall be attached to the sworn statement of the contracting parties.
In the case of your brother, since you mentioned that they just both celebrated their 22nd birthday, they need to ask parental advice not only from your parents, but also from the parents of his girlfriend. However, if they both agree not to secure the parental 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. Clearly, the validity of the forthcoming marriage between your brother and his girlfriend shall not be affected even in the absence of the latter’s parental advice.
On the other hand, even if your brother and his girlfriend secure the parental advice of both sides of their families, 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 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.