My girlfriend is two weeks pregnant. We are planning to get married this year. Unfortunately, her parents do not approve of our relationship. Both of us are already in the age of majority. I am 26 years old, while my girlfriend is 20 years old. Can we get married even without asking permission from my girlfriend’s parents?
To answer your question, we shall refer to Article 14 of the Family Code of the Philippines, which states:
“Article 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen (18) and twenty-one (21), 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.” (Emphases supplied)
Hence, under the law, persons between the ages of 18 and 21 intending to marry each other are required to ask for the consent of their parents as an additional requirement in acquiring 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 attested before any person authorized to administer oaths in the presence of two witnesses.
Since you mentioned that your girlfriend is only 20 years old, she needs to ask for the consent of her parents. This is a must, notwithstanding the fact that her parents are against your relationship. Should you continue with your planned marriage even without the consent of your girlfriend’s parents, your marriage will be considered valid until annulled as provided for under Article 45 of the Family Code of the Philippines.
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.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com