Article. 15 of The Family Code of the Philippines

The Family Code of the Philippines

Executive Order No. 209      July 6, 1987

Article. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.

            The provisions of Article 15 apply to those who are still of ages twenty-one to twenty-five (21 - 25) years when they apply for a marriage license. The said applicants are required to submit two sworn statements – (1) sworn statement that advice of parents of guardian has been asked; and (2) sworn statement of parental advise upon intended marriage. These sworn statements are to be attached to the application for marriage license.

If in case any of the applicants’ living parents would not sign a sworn statement stating therein that favorable advice is given, the applicants have wait for three months, common called waiting period, while their application is being published or made to known to the public. It appears that the law intends to inform the public that a couple is about to be married even though that one or all of their parents are not favorably advising them to get married. But the law allows the couple to get married anyway, after a three-month waiting period.

            If a marriage license is issued without satisfying the requirements under Article 15, the ensuing marriage remains valid but those responsible for such issuance can be held civilly, criminally and administratively liable as provided for under Article 4 of the Family Code. Violating the provisions of Article 15 is tantamount to an irregularity of the marriage license, a formal requisite of a valid marriage. However, such irregularity does not invalidate an otherwise valid marriage.

Reference:

Albano, Ed Vincent (2017). Persons and Family Relations. Central Book Supply Inc.: Manila

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by Permanent Class Number 4 in Persons and Family Relations, LSPU, First Semester, SY2019-2020

Date Last Updated: 29Nov2019