LEGAL OPINION

BY: KIMBERLY C. ALONZO

Brgy. Lower Bicutan, Taguig City, Metro Manila
alonzokimberlyc@gmail.com

March 11, 2020

Mateo Godosili
Upper Bicutan
Taguig 1632

Dear Mr. Mateo:

This legal opinion seeks to advise you on whether you and Sarah can celebrate
your wedding in secret without her parents’ approval or consent.

The Facts

You and Sarah met when you were teen-agers for a project of ABS-CBN. Sarah
was kind-hearted, talented and confident. Instantly, you were captivated by her beauty.
You were given the chance to work for a movie with her and you were clicked together
and became friends. You knew that she means to you and felt also that you meant a lot
to her.

But things did not go smoothly because of Tita Divine, Sarah’s mother. She
rejected your relationship with her daughter despite of your good family background.
You were raised by reputable parents and belonged to a middle class family. Despite of
Sarah’s mother disapproval to your relationship, you opted to respect their decision
though it is difficult to see your lady crying.

Now, that you are twenty- one (21) years of age and your girlfriend is twenty (20)
years of age, you are planning to have your wedding in secret without Sarah’s parents’
approval.

The Applicable Law

The applicable law is Article 14 under the Family Code of the Philippines
specifically on Title 1, Marriage:
 Article 14 of the Family Code states that in case either of both of the contracting
parties, not having been emancipated by a previous marriage, are between the ages of
eighteen and twenty-one, 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 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.

Analysis and Condition

Under Article 14, “parental consent” is required to be given by the father, mother,
surviving parent or guardian or persons having legal charge” of a party whose age is at
least 18 but below 21.

In your case, as the contracting parties, you are both between the ages of
eighteen and twenty-one. So you shall, in addition to the other requirements must
exhibit to the local civil registrar the consent to your marriage by your father, mother,
surviving parent or guardian. Such consent shall be manifested in writing by both of you
personally or in the form of an affidavit made in the presence of two witnesses and
attested before any official authorized by law. This personal manifestation shall be
recorded in both applications for marriage license. This is necessary to have a valid
marriage license.

Thus, if you will be issued marriage license notwithstanding the absence of such
parental consent, the marriage license validity shall not be affected. However, the
absence of such parental consent is a ground to annul the marriage pursuant to Article
45 paragraph 1 of the Family Code.

Article 45 states that 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;

xxxxxxxxxxxxxxxx
 In your situation, if you will pursue to have a secret wedding without
Sarah’s parents’ consent, your marriage will be considered voidable because there is a
defect in procuring your marriage license, the absent of the parental consent from both
or either of the contracting parties.

Recommendation

Considering the provisions of Article 15 of the Family Code that parental consent
is needed by the contracting parties who were ages between eighteen and twenty-one
years of age, you are obliged to seek the consent of Sarah’s parents. Without her
parents’ consent to your marriage, your marriage will be voidable and subject for
annulment. In the absence of parental consent, the law considers the consent given by
you and Sarah as the contracting parties as defective, thus rendering your marriage
voidable.

Applying the above-mentioned Articles, it is humbly opined that you cannot have
your wedding secretly without the knowledge and consent of Sarah’s parents. Pursuant
to the provisions discussed above, the absence of such parental consent in securing
marriage license is a defect and one of the grounds in annulling your marriage.

I appreciate the opportunity to advise you regarding this matter. Please let me
know if you wish to discuss this issue further. Thank you.

Very truly yours,

KIMBERLY C. ALONZO