Text of the provision
Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.
(62a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Parties aged twenty-one to twenty-five must ask a parent or guardian for advice before marrying — a lighter obligation than the consent required of younger applicants under Article 14. Advice is not a veto: if none is obtained, or the advice given is unfavorable, the only consequence is that the license is delayed three months after publication of the application is complete. A sworn statement that advice was sought (with any written advice given, or a note that the parents refused to advise) must be attached to the application.
Because advice, unlike consent, is not a condition of validity, its absence does not make the marriage voidable — it only slows down when the license may issue.
Related provisions
- Article 14 — the stricter consent requirement for parties aged eighteen to twenty-one.
Cases interpreting this article
- Authorities on the Article 15 parental-advice requirement will be added here as each is verified against primary sources.