Below is a comprehensive discussion of the rules, requirements, and practical considerations regarding parental consent for marriage licenses in the Philippines under the Family Code. This overview focuses on the question of whether both parents are required to give consent or if one parent’s consent is sufficient.

1. Legal Basis Under the Family Code

A. Age Requirements for Marriage

Legal Age to Marry
Under Article 5 of the Family Code of the Philippines (Executive Order No. 209, as amended), the minimum age for marriage is 18 years old. A person below 18 cannot legally marry, regardless of parental consent.
Parental Consent vs. Parental Advice
- Parental Consent (18 to 21 years old): If either of the contracting parties is between 18 and 21, Article 14 of the Family Code requires them to obtain the written consent of their parent or guardian before a marriage license can be issued.
- Parental Advice (21 to 25 years old): If either party is between 21 and 25, Article 15 requires them to seek parental advice (less stringent than consent). If the parents refuse to give advice or fail to do so, the local civil registrar will still issue the license, but with a three-month waiting period.

This article focuses on Parental Consent under Article 14 for individuals who are 18 to 21 years old.

2. Who Must Give Parental Consent?

A. Text of Article 14

Article 14 states in part:

"In case either or both of the contracting parties 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..."

The phrase “in the order mentioned” is key. It implies a hierarchy:

Father
Mother
Surviving Parent (if one parent is deceased)
Guardian (or persons having legal charge)

B. Are Both Parents Required?

General Rule: One Parent’s Consent Is Sufficient if That Parent is First in the Legal Order
- The law sets a priority order rather than a requirement that both parents jointly consent if both are living.
- If the father is alive and competent, he is typically the first in line to give consent. If he freely and validly gives consent, the local civil registrar usually will not require the mother’s separate consent.
- Conversely, if the father is absent, incompetent, or deceased, the mother (or the surviving parent or legal guardian) steps into the role of giving parental consent.
What If the Father Refuses Consent?
- The Family Code does not explicitly allow bypassing a father’s refusal by obtaining the mother’s consent instead. “In the order mentioned” generally means you proceed to the next person only if the one higher in the order is unavailable or legally incapacitated—not simply because he or she refuses.
- In practice, a local civil registrar may scrutinize the circumstances carefully. A father’s unjustified refusal can pose a significant barrier for an 18- to 21-year-old seeking to marry. Legal remedies may involve declaring the father incompetent (e.g., if medically incapacitated) or absent.
Mother’s Role If Father is Absent or Incapacitated
- If it is shown that the father is absent, has abandoned the family, or is otherwise legally disqualified, then the mother’s consent becomes valid.
- The law recognizes that whichever parent actually has legal charge (e.g., the mother or a guardian) can provide consent.
Surviving Parent or Guardian
- If one parent is deceased, the law refers to the “surviving parent” who can give consent.
- If both parents are deceased or legally disqualified, a court-appointed guardian or the person having legal charge may give the required consent.

C. Practical Implications

Local Civil Registrar Requirements: Although the Family Code’s hierarchy is clear, local civil registrars sometimes require documentation (such as the death certificate of the father, a court order of guardianship, or an affidavit explaining absence/incapacity) to ensure that the correct person is giving consent.
Written Consent: Regardless of who gives it, the consent must be in writing, either in person before the local civil registrar or via a notarized affidavit signed in the presence of two witnesses.

3. Form and Process of Obtaining Parental Consent

A. Personal Appearance or Affidavit

Personal Appearance
- The consenting parent (or guardian) appears before the local civil registrar and signs the written consent on the application form for the marriage license.
- This appearance is recorded.
Affidavit of Consent
- If personal appearance is not feasible, the consenting party may execute a sworn affidavit before any official authorized to administer oaths.
- This affidavit must be attested by two witnesses and presented to the local civil registrar.

B. Documentation

The local civil registrar typically requires proof of relationship (e.g., birth certificate) to confirm that the consenting individual is truly the parent or guardian.
If a guardian is giving consent, letters of guardianship or a court order establishing the guardianship might be required.

4. Consequences of Non-Compliance

Invalid Marriage License
- Without proper parental consent for an 18- to 21-year-old, the local civil registrar should deny issuance of a marriage license.
- If the license is obtained by fraud or forged consent, it may be considered voidable, subject to legal action for annulment under certain conditions.
Criminal or Civil Liability
- Falsification of the affidavit of consent or submission of fraudulent documents could lead to criminal charges under Philippine law (e.g., falsification of public documents).

5. Distinction: Parental Consent vs. Parental Advice (21-25 Years Old)

It is important not to confuse parental consent (18 to 21 years old) with parental advice (21 to 25 years old). Key distinctions:

Parental Consent: Absolutely required; no license if not secured (unless the father/mother/guardian is absent or incompetent, in which case the next-in-line person gives consent).
Parental Advice: Required to be sought, but a refusal from parents does not bar the license’s issuance; it merely imposes a three-month waiting period once the local civil registrar receives the negative advice or no advice at all.

6. Frequently Asked Questions

1. If both parents are alive and available, does the couple need both signatures?

Under Article 14, the father is first in order. If the father can and does give valid consent, the mother’s separate signature is typically not strictly required by law. However, in practice, some local civil registrars may request both parents’ signatures for clarity or to avoid disputes.

2. What if the father is alive but living abroad or cannot appear in person?

He may execute an affidavit of consent before a Philippine consular official or any official authorized to administer oaths in the country where he resides. This affidavit must then be sent to the local civil registrar in the Philippines.

3. Can the mother’s consent override the father’s refusal if the father is not legally absent or incompetent?

No. The law prioritizes the father if he is alive and not legally disqualified. A mere refusal on the father’s part generally means no valid parental consent is given for that minor; you cannot simply “choose” the mother instead.

4. If a parent has abandoned the family years ago, can the other parent give consent unilaterally?

Often, proof of abandonment (e.g., a legal declaration of abandonment or an affidavit detailing the circumstances) may be required so that the consenting parent is recognized as having legal charge.

5. Is there an age limit for requiring parental consent?

Yes. Only those who are at least 18 but below 21 need parental consent. Once a person reaches 21, parental consent is no longer required (though parental advice is, up to age 25).

7. Key Takeaways

Parental Consent is Mandatory for 18- to 21-Year-Olds
- A valid marriage license will not be issued to a person under 21 without such consent.
Only One Parent’s Consent May Suffice (In Order)
- The Family Code outlines a hierarchy: father → mother → surviving parent → guardian.
- You do not automatically need both parents’ signatures if the parent with priority (usually the father) is available and willing.
Refusal vs. Unavailability
- “Unavailable” or “absent” is different from “refusing.” Refusal by the father typically prevents the issuance of a license unless there is a legal basis to pass authority to the mother or a guardian (e.g., the father is declared absent or incompetent).
Proper Documentation
- The consenting party must provide a written manifestation (personal appearance or notarized affidavit) confirming they consent to the marriage.
Legal Consequences of Non-Compliance
- An invalid license, potential annulment, or even criminal liability for falsification can arise from any attempt to circumvent the parental consent requirement.

Conclusion

In the Philippine legal context, both parents’ signatures are not automatically required for parental consent when an 18- to 21-year-old seeks to marry. The Family Code prioritizes the father, then the mother, then the surviving parent, then the guardian. As long as the person with legal priority validly consents, the local civil registrar typically proceeds with the license. However, if that priority individual refuses or is unavailable for justifiable reasons, the next in line may give consent. Ensuring the proper documentation—particularly a written, sworn, or personally manifested consent—is essential to avoid delays or legal complications.