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Query: Mona and I were orphaned two years ago when our parents were
killed in a train accident. I became the virtual guardian of Mona,
who turned 16 last week. She told me about her plan to get married
to a cousin of ours (son of our father’s sister), who is older by
one year. The problem is that they are still studying and have no
source of income.
I advised my sister to forego with the marriage.
She took offense, saying I am blocking her future. Am I correct to
discourage my sister from marrying our cousin? Margie E.
Response: I am against early marriages. Parents
are supposed to mold their young ones to become responsible
citizens.
When I was solemnizing marriages as a judge, it
was my practice to politely ask the male partner if he was working,
informing him of his legal obligation to support a family. I
informed the would-be husband and wife of their legal obligations to
each other and to their future children. My practice was hailed by a
publisher of a local daily, who happened to be a wedding sponsor in
my court. At that time—when I proposed to ban granting of marriage
licenses to jobless individuals—there were only few children
begging in public places. Years later I saw the proliferation of
street children and individuals sleeping along public highways.
In reply to your query, Article 5 of the Family
Code of the Philippines (Executive Order No. 209) provides, inter
alia that “any male or female of the age of 18 years or upwards x
x x may contract marriage.” Since your sister is only 16 years of
age, while your cousin (her boyfriend) is one year older, i.e., 17,
they cannot contract marriage as no marriage licenses can be issued
to them. Such marriage licenses are formal requisites for a valid
marriage (Article 3 [2] of the Family Code). Article 35 of the same
Code provides, among others, that marriages contracted by any party
below eighteen years are void from the beginning even with the
consent of parents or guardians.
Furthermore, the relationship between your
sister and her boyfriend—being first cousins—blocks their
marriage. Article 38 of the Family Code provides, among others, that
marriages between collateral blood relatives, whether legitimate or
illegitimate, up to the fourth civil degree, are void from the
beginning for reasons of public policy.
Malate Rotary
Before closing, I wish to congratulate the
Malate Rotary Club (under president-elect Mercy T. Ong) for
initiating programs to benefit poor families, especially those which
educate them. It is hoped that other Rotary clubs in the Philippines
will follow the admirable programs of the Malate Rotary.
Like the members of the Malate Rotary, all
Rotarians should go through paralegal training so they can impart
the rights and obligations of citizens throughout the Philippines to
make our country peaceful and prosperous.
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Above all things, let us reflect on the
following statement of our Lord and Master Jesus Christ to Martha,
sister of Lazarus, whom He brought to life: “I am the Resurrection
and the Life. Those who believe in Me will live, even though they
die; and those who live and believe in Me will never die.” (John
11:25 to 26)
esmabutas@yahoo.com
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