Our 18-year-old daughter contracted marriage without our consent. What shall be its effect to her marriage? Is there anything we can do to nullify her marriage?
In addition to the essential and formal requisites of marriage provided in Articles 2 and 3 of the Family Code of the Philippines, parties who are between the ages of 18 and 21, need to 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 the said applications (Article 14, Family Code of the Philippines).
The failure of your daughter to secure your and your wife’s consent to their marriage shall render their marriage voidable pursuant to Article 45 of the Family Code of the Philippines, to wit:
“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;
Based on the foregoing, you may file a petition for the annulment of the marriage of your daughter on the ground of lack of parental consent at anytime before your daughter has reached the age of twenty-one (21) (Article 47, Family Code of the Philippines). Petitions for annulment shall be filed before the family court of the province or city where the petitioner or the respondent has been residing for at least six (6) months prior to the date of filing, or in the case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner (Section 4, Rule on Declaration of Nullity of Marriage and Annulment of Marriage).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that 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