Simplified Question: Can individuals aged 25 and above marry without parental consent or advice in the Philippines?
In the Philippines, the legal capacity to marry is governed by the Family Code, which outlines specific age requirements and conditions under which individuals may marry without the need for parental consent or advice.
Age of Majority and Legal Capacity to Marry
The Family Code of the Philippines sets the age of majority at 18 years. This means that individuals aged 18 and above have the legal capacity to marry. However, the law imposes additional requirements for those below the age of 25.
Requirements for Individuals Aged 18 to 25
For individuals who are 18 but below 21 years of age, the law mandates that they obtain parental consent to marry. This consent must be expressed in writing and provided by either parent or the legal guardian.
For those aged 21 but below 25, while parental consent is no longer required, the law requires that they seek parental advice. This advice must be obtained from either parent or the person who has legal charge over them. The advice is not binding, but it must be requested in good faith and documented. If parental advice is refused or not given, the marriage license will not be issued until three months after the completion of the publication of the application for a marriage license.
Individuals Aged 25 and Above
Once an individual reaches the age of 25, the requirement to seek parental consent or advice is no longer applicable. At this age, individuals are fully autonomous in deciding to marry and may do so without needing any input from their parents or guardians. Therefore, individuals aged 25 and above can marry without any need for parental consent or advice.
Conclusion
To clarify the initial question: Individuals aged 25 and above in the Philippines can marry without parental consent or advice. The legal requirements for parental consent and advice only apply to those under 25 years old.