BUHISAN, CABINGAS, and escabusa Law firm

CH215 Xavier University –College of Law, Cell No.(+63) 917 123 4567
73 Corrales Ave, Cagayan de Oro City Tel No.(088) 853 9800)

July 8, 2019

Dear Ms. Solenn,

Greetings!
Hope this letter found you well. This refers to your concern wherein you are seeking
our legal opinion on your marriage. You have disclosed to us that you, aged 19,
eloped and married your step-brother, aged 20, who is your step-sibling due to your
mother’s marriage to his father, and wherein you got married without the approval
of your parents for they disapproved your relationship.
With regard to your situation, please be informed that your marriage is valid, as there
is none that prohibits the marriage between step-siblings under the present laws.
However, we must inform you that your marriage, although valid, can still be
annulled, through a Petition for Annulment, as the same was solemnized without
parental consent.
The parental consent is required when one or both contracting parties are between
the ages of eighteen (18) and twenty-one (21). Since you are nineteen years old and
your husband is 20 years old, then both of you must have secured your respective
parent’s consent prior to the celebration of your marriage. Such consent may either
be manifested in writing by the concerned parent who personally appears before the
local civil registrar or in an affidavit made in the presence of two witnesses and
attested before an official authorized by law to administer oaths.
Despite the lack of parental consent, your marriage with Mr. Sonny is still valid until
actually annulled. The petition for annulment has two limitations, to wit: 1. it can be
filed only on behalf of the party who is between 18 and 21, in this case both of you;
and 2. it can no longer be filed after the concerned party, or both, reaches the age of
21, and you cohabited freely with each other and lived together as husband and wife,
thus, the marriage shall be considered as ratified if no such petition for annulment is
filed on time.
According to the facts you stated, your parents opposed your relationship. There is
a high chance of probability that they may file a petition for annulment of your
marriage on behalf of any of you with regard to your present age. The parents who
did not give their consent may file a petition for annulment, for they have the right
and power for the petition under the law. To avoid such petition, we advise you that
you meet with your parents and negotiate the issue. A genuine dialogue shall give
merit for a compromise.
We hope that we are able to address your concern based on our understanding and
appreciation of the facts you presented to us. Should you have any more questions,
feel free to contact us or visit us in our office for a more in depth discussion.

Truly Yours,
Buhisan, Cabingas, Escabusa, Sgd.