Report no 5 - ARTICLE 16 of the FAMILY CODE OF THE PHILIPPINES

The FAMILY CODE OF THE PHILIPPINES

Title I – MARRIAGE

Chapter 1 – REQUISITES OF MARRIAGE

ARTICLE 16
Reported by:
Mary Grace De Lumban
Joy G. De Loyola
In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificate of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph.
PARENTAL ADVICE. Absence of parental advice does not affect the marriage. It does not even make the marriage annullable, as non-advice is not a ground for annulment provided for in Article 45 of the Family Code. While it is not an essential nor a formal requirement under Articles 2 and 3,
prescribing parental advice for those 21-25 years of age is in keeping with Philippine tradition and it does not bar marriage totally. It is just a vehicle to induce further and more  mature deliberation over the decision to get married (Minutes of the 185th Meeting of the Civil Code and Family Law committees, June 27, 1987, page 6).
The mere fact that the advice was not given and the marriage was solemnized does not make the marriage void. The formalities required by law must however be complied with.
The issuance of the marriage license even before the lapse of the 90-day period if no advice was granted does not make the marriage void. It is still valid, but criminal, civil or administrative sanctions may be imposed on the officer issuing the license.
Reference:
Judge Albano, Ed Vincent S. (2017). Family Code of the Philippines.
Sta. Maria, Melencio S. (2015). Persons and Family Relations Law.

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