Вы находитесь на странице: 1из 19

Assessing the necessity of

requiring parental consent in


marriage beyond the age of
majority
By: MARY JUNRIZA S. CIMENI

She became an orphan at an early age

She has undergone a rigid childhood and


teenage life being the bread winner of her
siblings

She worked really hard for herself and


somehow managed to finish high school

She acquired a decent job when she reached


18 years old and met a guy at work whom
she fell in love with

For 2 years she worked and was able to save


money while maintaining her relationship
with the guy

At 20 the couples want to get married to


stabilize their relationship and create a family

No Parental
Consent

What if
The law does not
make a
distinction

Article 14, Family Code

In case either or 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 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.

What happens now...

couples will resort to unlawful mechanism to


obtain marriage license

Effect of Lack of Parental Consent on


Marriage

Marriage is valid until annulled. When no case of


annulment is fled after the parties turn 21 years old,
the marriage is ratified.

Parents can file an annulment case und Article 45,


par. 1 of the Family Code, in case when the marriage
becomes stormy

ARGUMENTS

First, Article 14 is unconstitutional for being violative of the due


process clause of the constitution

- it restricts an emancipated child to exercise the full civil rights


without reasonable standard. (right to vote, right to donate)
- It violates the legislative intent (R.A. 6809 reduced the age of majority
to 18 years old)
- It deprives the right to property (healthcare benefits and succession
rights) especially of the female party is pregnant

ARGUMENTS

Second, defeats the purpose and sanctity of marriage and diminish its
protection as guaranteed under Article II, Section 12 and Article XV of the
Constitution by giving the parents the option to annul the marriage under Article
45 par. 1, just for the lack of parental consent.

Third, it is inconsistent with the principle of emancipation. Republic Act 6809


has amended Article 234, which provides for the automatic emancipation of
minors upon reaching the age of majority which is 18. In the eyes of law, a
person who has reached the age of majority is considered as an adult.

Fourth, it is inconsistent with the principle of the best interest of a child. The
restriction in the right to marry also affects contracting parties who are
pregnant and deprives their child of the rights and privileges of having a family

ARGUMENTS

Furthermore, the underlying reason for parental consent no longer serves a


purpose considering that the maturity level of the new generation has become
more advanced than the generation of two decades ago due to digital
transformation, educational development, and economic advancement.

Applicability

Africa

Europe

US

Asia

Recommendation

To abolish Article 14 of the Family Code, which requires parental


consent in contracting parties 18 to 21 years old since it is no
longer necessary in present scenario.

To amend Article 15 lowering the requirement of parental consent


to 18 years old instead of 21 years old. The requirement of
parental advice is enough safeguard for parties to have a mature
deliberation over their decision to marry and for the keeping
Filipino tradition. If the parents will not give parties the required
parental advice, the issuance of a marriage license will only be
delayed within three months from the application, which is
enough time for parties to think over their decision.

To remove voidable marriages on the ground of lack of parental consent


under Article 45, par. 1 and allow parties to resort to other grounds on the
annulment of marriage under the same article or under Article 35, or Article
36 of the Family code in view of the principle that marriage is a social
inviolable institution and should only be terminated on reasonable grounds
other than lack of parental consent.

To amend Article 236 as far as the second paragraph is concerned on the


requirement of parental consent on contracting parties between 18 to 21
years old.

To further amend Article 78 of the Family Code, which makes the marriage
settlement valid only if the persons designated in Article 14 to give consent
to the marriage are made parties to the agreement. Family Code, Art. 78: A
minor who according to law may contract marriage may also execute his or
her marriage settlements, but they shall be valid only if the persons
designated in Article 14 to give consent to the marriage are made parties to
the agreement, subject to the provisions of Title IX of this Code. (120a)

Effects of Removing the


Requirement of Parental Consent

Contracting parties who have reached the age of majority can exercise their
right to marry without any restrictions, including those who are pregnant and
those who are independently living as guaranteed under the right to liberty,
life, and property in the Constitution.

It will secure contracting parties from unreasonable denial of parental


consent, such as denial on the basis of racial discrimination and preference of
parents for someone who has a higher status in life.

It will promote protection of marriage and further develop family by allowing


parties to resort to other grounds of annulments provided in the Family Code,
except Art. 45, par.1.

It will promote harmony between the countrys family law and principles of
international law.

It will also bring the child closer to his or her biological parents and afford all
the rights of a legitimate child ( in cases where the party is pregnant.)

Thank you!