Q. As I write this letter my heart bleeds as a mother. I am alone in Canada as my family is still in the Philippines. I have a dream that as soon as I am able to get my landed status, I will sponsor my family and settle for good in Toronto with my children and husband.
My misery started when I received a call from my husband that our eldest daughter who had earlier eloped with her boyfriend had in fact contracted a marriage with this guy with the assistance of the boyfriend’s parents.
She was 19 years old then. After several months, our daughter returned to our home and sought our forgiveness. At that time, our daughter did not inform us that a marriage took place between her and her boyfriend. As parents, although it was hurting, we accepted her back. Meanwhile my daughter went back to school and her life became normal again.
Lately however, this boyfriend went to our house and introduced himself as the husband of our daughter and asserted that as husband, he has the right to see my daughter and to live together as husband and wife.
It’s obvious that my daughter is no longer interested in cementing her previous relationship with this guy who now claims to be her husband. Besides we are concerned that the status of my daughter as “married” may have a negative impact on her immigration status when I will be able to finalize the sponsorship of my family.
Through your column, please advice me on how to deal with this marriage issue and what can be done about it? Thank you and more power. Margie.
Ans. Your remedy here is to file an action for the annulment of your daughter’s marriage before a Family Court in the Philippines. It is clear that there was no prior parental consent that was obtained from you as your daughter’s parent, prior to the issuance of marriage license or the celebration of marriage.
The law requires that marriage between 18 and below 21 years of age requires parental consent. The absence of such parental consent makes the marriage of your daughter voidable under the law. Meaning valid until annulled.
While the marriage may be voidable, if the couple continues to live together as husband and wife after attaining the majority age (21 yrs), their cohabitation in effect cured the voidable character of such marriage.
For your ready reference, pertinent provisions of the Family Code are hereunder reproduced for your guidance:
“Art.45. Marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; xxx xxx”
From your letter, it could be inferred that your daughter is not cohabiting with her supposed husband so there is a ground for you to initial the legal action in court to have her marriage annulled. Thank you for writing and good luck.
# # #
Disclaimer: Batas Pinoy Corner Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.