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Application for Marriage License Unjustly Rejected by QC Civil Registrar

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davidchristopherhizon


Arresto Menor

Hi. Me and my fiance are applying for a marriage license. She is 19 and I am 24, meaning we need both a parental consent and parental advise. It will be difficult for her to accomplish her parental consent as her parents both live in Mexico and she is pretty much independent. We read in the Civil Code that two people who need consent or advise to get married may still get married even with the lack of the consent or advise. The only repercussions are that the marriage license will be released in 3 months instead of 10 days, and that the marriage is anullable if the parents of the party between 18-21 years of age oppose to it and file for annulment (however if the party reaches 21 years of age, it is no longer anullable). The marriage is valid, sum total.

We are both aware and accepting of the consequences so we decided to file for a marriage license without the advise and consent. The problem is, the QC Civil Registrar is not accepting our application as it is "lacking requirements" due to not having the advise and consent. We clearly stated that the law says otherwise, but they still are refusing to accept our application. Is there anything we can do? It's alarming that the Civil Registrar itself is not following the Civil Code of the Philippines.

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