Short answer. Under Article 47 of the Family Code, when the ground is lack of parental consent, the action may be filed by the party whose parent or guardian did not consent (within five years of turning 21), or by the parent, guardian, or person having legal charge at any time before the party turns 21.
What the law says
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 twenty-one
Family Code, Article 47 — Who May File; Prescriptive Periods. Read the full provision →
The ground: marriage between ages 18 and 20 without parental consent
Article 45(1) of the Family Code provides that a marriage is voidable when one party was at least eighteen but below twenty-one at the time of marriage, and the marriage was solemnized without the consent of that party's parents, guardian, or person having substitute parental authority — unless after reaching twenty-one that party freely cohabited with the other as husband and wife. This ground is limited: it applies only to those who were of age to marry under Philippine law but had not yet reached the threshold where parental consent is no longer required.
Who may file and the time limits
Article 47(1) sets out who may file and when. Two categories of persons may bring the action. First, the party whose parent or guardian did not give consent — that is, the spouse who was under twenty-one and who lacked the required parental or guardian consent. That person has five years after turning twenty-one to file. Second, the parent, guardian, or person having legal charge of the minor may file at any time, but only while the party is still under twenty-one. Once the party reaches twenty-one, the parent's or guardian's right to file ends, even if the five-year window for the party has not opened or begun to run.
The spouse who lacked consent cannot delay indefinitely
The five-year period for the party whose consent was lacking begins to run from the date of turning twenty-one, not from the date of marriage. This means the window is fixed: it opens on the twenty-first birthday and closes five years later, regardless of whether the couple is still together, whether the marriage has been troubled, or whether the party was even aware of their right to file. A party who was married at nineteen, for example, has until age twenty-six to file — if they do not act within that period, the right to annul on this ground is lost by prescription.
Free cohabitation can extinguish the right
Even within the filing window, the right to annul on this ground is lost if the party freely cohabited with the other after reaching the age of twenty-one. Article 45(1) expressly provides that subsequent free cohabitation as husband and wife ratifies the marriage and bars the annulment action. This means that the time limit and the free-cohabitation bar both operate as potential extinguishments of the right to annul: the prescription runs regardless of conduct, while the cohabitation bar operates the moment the condition is met, irrespective of how much time remains in the five-year period.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Engrace Niñal, et al. vs. Norma Bayadog, G.R. No. 133778, March 14, 2000 — read the decision on LawPhil →
- Maria Lina P. Quirit-Figarido vs. Edwin L. Figarido, G.R. No. 259520, November 5,2024 — read the decision on LawPhil →