ANNULING SON OR DAUGHTERS MARRIAGE

Dear PAO,
The son of my brother was married to his girlfriend when he was just 19 years old. He hid his marriage
from his mother, who is my sister, because he knew that she would not agree with his decision to marry
early. When my sister found out about this, she insisted that her sons marriage be annulled because of
her lack of consent. My nephew, however, insisted that his mother could not do anything about it
because it is up to him if he would want to annul his marriage. Because of this, we would like to ask if
my sister can file a case to annul his sons marriage for lack of proper parental consent. Thank you for
your advice.
Justiniano

Dear Justiniano,
The Family Code of the Philippines expressly provides for the grounds to annul a marriage. And in
relation to your concern, one of the grounds to annul a marriage is the lack of parental consent of a
party to a marriage who is eighteen (18) years old but less than twenty one (21) years old. According to
the law:

Art. 45. 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; (Article 45, Ibid.)

It is opined that the law requires parental consent to persons marrying within this age range since they
are yet to possess the needed degree of maturity to understand the consequences of their decision to
marry (Sta. Maria, Persons and Family Relations, 2004). Considering this, your nephews marriage can be
put into question because of the lack of his parents consent.

Whether your sister can initiate a case to annul her sons marriage for lack of parental consent, the law
states that:

Art. 47. The action for annulment of marriage must be filed by the following persons and within the
periods indicated herein:

For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his
or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or
person having legal charge of the minor, at any time before such party has reached the age of twentyone;

As stated by this cited provision, parents or legal guardians may file a case to annul their son or
daughters marriage, on the ground of lack of parental authority, at any time before the said person
reaches the age of twenty one (21). Otherwise, the right to file such case will be barred by prescription.
Thus, the legal right to file a case for annulment on this ground does not solely belong to the parties to a
marriage, but also their parents, although limited by a prescriptive period.

Because of this, your sister may file a case to annul her sons marriage for lack of parental consent
before he reaches the age of twenty-one (21). In case your nephew has already reached this age, then it
will be solely up to him to file a case for annulment, should he desire, within five (5) years after reaching
twenty-one (21) years old.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated
and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.