Article 14 of the Family Code: Parental consent for ages 18 to 21
Status: In force
What does Article 14 say?
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 does it mean in plain language?
A person aged 18 to 21 can marry in the Philippines, but needs the written consent of a parent or guardian. Article 14 says the consent must be shown to the local civil registrar when applying for the marriage license. Without it, the marriage is not void, but it can be annulled.
This is true even though the age of majority is now 18 (Article 234). The minimum age to marry is in Article 5.
How does it work in real life?
Jenny and Mark: both 20, parents agree
Jenny and Mark are 20. Jenny's mother goes with them to the civil registrar and signs her consent there. Mark's father lives in Davao, so he signs an affidavit of consent in the presence of two witnesses, attested before an official authorized to administer oaths. Both also attend marriage counseling. This follows Articles 14 and 16. This is a made-up example.
Ria and Paul: a secret wedding at 19
Ria is 19 and marries Paul without her parents' consent. The marriage is valid but voidable (Article 45(1)). Ria's parents can ask a court to annul it before she turns 21. Ria herself can file until five years after she turns 21. If Ria keeps living freely with Paul as husband and wife after she turns 21, the ground is lost. This is a made-up example.
Ana and Tom: Ana is 22
Ana is 22. She no longer needs consent, but she must ask her parents' advice (Article 15). If they refuse or give unfavorable advice, her license is issued only three months after the completion of the publication. This is a made-up example.
These examples only show how the rule works. They are not advice for a real case.
What does this mean in practice?
- The consent is a paper the civil registrar asks for with the license application. The full list of papers is in marriage license requirements.
- A marriage without the required consent stays valid unless a court annuls it, and the case can be filed only by the persons and within the periods in Article 47.
- Article 14 does not lower the minimum age. Below 18, no consent can make a marriage valid (Article 35(1)).
Why is parental consent still needed if 18 is the age of majority?
Republic Act No. 6809 (1989) lowered the age of majority from 21 to 18. The same law rewrote Article 236 and kept the consent rule for marriage:
Contracting marriage shall require parental consent until the age of twenty-one.
The first paragraph of Article 236 says an emancipated person is qualified and responsible for all acts of civil life, except in special cases set by law. The second paragraph, quoted above, keeps the consent rule for marriage until 21.
Whose consent is needed, and in what order?
Article 14 names them "in the order mentioned": the father, the mother, the surviving parent or the guardian, or the persons having legal charge of the party.
Article 14 covers parties between 18 and 21 "not having been emancipated by a previous marriage".
How is the consent given?
There are two ways under Article 14:
- In person. The parent or guardian appears before the proper local civil registrar and gives the consent in writing. This is recorded in both license applications.
- By affidavit. The consent is written in an affidavit made in the presence of two witnesses and attested before an official authorized to administer oaths. The affidavit is attached to the applications.
When parental consent is needed, the couple must also attach a certificate of marriage counseling (Article 16). If one of the two does not need consent, he or she must still attend the counseling.
What happens if a couple marries without consent?
The marriage is voidable, not void. It is valid until a court annuls it. Article 45(1) is the ground:
(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;
Who can file, and until when (Article 47(1)):
- the party who married without consent, within five years after turning 21; or
- the parent or guardian or person having legal charge, at any time before the party turns 21.
See Article 45 and grounds for annulment.
Frequently asked questions
Do I need parental consent to marry at 18 in the Philippines?
Yes. A party between 18 and 21 must show the local civil registrar the written consent of the father, mother, surviving parent or guardian, or the person having legal charge of him or her, in that order (Article 14). Republic Act No. 6809 kept this rule until age 21.
If the age of majority is 18, why is consent still needed until 21?
Because Republic Act No. 6809, the law that lowered the age of majority to 18, also amended Article 236 to say that contracting marriage requires parental consent until the age of twenty-one.
How is parental consent given?
In writing, either by the parent personally appearing before the local civil registrar, or by an affidavit made before two witnesses and attested before an official authorized to administer oaths (Article 14).
What happens if we marry at 19 without parental consent?
The marriage is voidable under Article 45(1): valid until a court annuls it. The party can file within five years after turning 21, or the parent or guardian can file before the party turns 21 (Article 47(1)). The ground is lost if the party, after turning 21, freely lives with the other as husband and wife.
Is marriage counseling also required?
Yes. When parental consent is needed, the couple must attach a certificate of marriage counseling. Without it, the license is suspended for three months from the completion of the publication (Article 16).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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