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r Art.. 13 THE FAMILY CODE OF THE PHILIPPInEs

Arts. 14-15
THE FAMILY CODE OF THE PHILIPPINES
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msmxssfSHU of birth of such

the place and date
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C-infl >?* parents, if known, and Art. 14. In case either or both of the contracting parties,
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a * M 'fi >• of the contracting parties shall be
party. The nearest of kin
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witnesses, or. in their default, persons of good not having been emancipated by a previous marriage, are
preferred as the ages of eighteen and twenty-one, they shall, in
in the province or the locality. between
>; reputation
baptismal certificate
addition to the requirements ofthetheconsent
preceding articles, exhibit
The presentation of birth or shall to the local civil registrar, to their marriage
contracting ÿparties
not be required if the parents of the of their father, mother, surviving parent or guardian, or
appear personally before the local civil registrar concerned persons having legal charge of them, in the order mentioned.
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Ml and swear to the correctness of the lawful age of said Such consent shall be manifested in writing by the interested
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parties, as stated in the application, or when the local civil party, who personally appears before the proper local civil
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registrar shall, by merely looking at the applicants upon their registrar, or in the form of an affidavit made in the presence
personally appearing before him, be convinced that either of two witnesses and attested before any official authorized
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or both of them have the required age. (60a)

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by law to administer oaths. The personal manifestation shall
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be recorded in both applications for marriage license, and

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the affidavit, if one is executed instead, shall be attached to

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said applications. (61a)
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t Rules in Determining Whether Parties Have Required
Age for Marriage
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si Article 12 sets forth the rules by which the civil registrar
M ti> shall determine as to whether the parties have the required Without the needed CONSENT, the marriage is
VOIDABLE.
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age for marriage.

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Art. 13. In case either of the contracting parties has been
married, the applicant shall be required to furnish,
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
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ffi# afg instead of the birth or baptismal certificate required in the noFobtain such advice, or if it be unfavorable, the marriage
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last preceding article, the death certificate of the deceased
spouse or the judicial decree of the absolute divorce, or the
license shall not be issued till after three months following
©wtf the completion of the publication of the application therefor.
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judicial decree of annulment or declaration of nullity of his
or her previous marriage. In case the death certificate cannot
A sworn statement by the contracting parties to the effect
that such advice has been sought, together with the written
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be secured, the party shall make an affidavit setting forth
this circumstance and his or her actual civil status and the
name and date of death of the deceased spouse. (61a)
advice given, if any, shall be attached to the application for
marriage license. Should the parents or guardian refuse
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rf- to give any advice, this fact shall be stated in the sworn
statement. (62a)
COMMENT:

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13 Is a Substitute for Article 12
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COMMENT:
This is when either party had been previously marriedÿn
which case the applicant or applicants if both parties had been
married, shall present in lieu of birth or baptismal
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(1) Effect of Parent's Refusal or If Advice Is Unfavorable
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If.the parents refuse to give the advice and this fact is
the enumerated listing in Art 13 stated in a sworn statement with the Civil Registrar, marriage

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