Andrew and Paz were sweethearts since they were in their early teens. Everything was perfect for the two lovers except for that fact that her parents never did approve of their relationship. After her 18^th birthday, Paz’s parents flew to Canada as immigrants. It was agreed that Paz would temporarily stay with her aunt Linda and she would follow once she finishes the semester. This situation gave Andrew an almost unrestricted access to her girlfriend’s house as Paz’s aunt worked the night hours as an ICU nurse in Makati Medical Center.  This unrestricted access allowed Andrew to stay in Paz’s residence where they spent long hours playing” house”.  To make the long story short, their “house playing”  eventually led to Paz having the early morning sickness and being a medical professional, it did not take Linda long to add two and two together.  That very night, Linda calmly demanded that Andrew bring his parents over to discuss wedding arrangements.  Fearing that her parents would both suffer a heart attack and at the same blame her for her daughter’s indiscretion, Linda convinced Paz not to tell her parents about the wedding.  The wedding took place after a month, attended only by close friends and relatives.

Eventually Paz left for Canada to join her parents and a week after her arrival,   Paz told them of her condition. After the usual hysterics, Paz’s parents called their lawyer friend in the Philippines and asked him if they can have their daughter marriage annulled.

Their lawyer friend agreed to file the case based on article 45 of the Family Code which provides that:

Art 45.  A 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; x x x

The Family Code also provides who can file these cases and the period when these cases can be filed and we quote:

Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:

(1)    For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one; x x x
 
With the parental authority not having been relinquished by the parents to the aunt,  the parent’s of Paz may still have the marriage annulled.

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(Legal Disclaimer: This article is designed for general information only. The information presented at this site should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship.)
 
For more info:
Atty Ferdie Aguirre
Email: pilipinolegalservices@yahoo.ca

 

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