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Aljay H.

Labuga October 5, 2021


Conflict of Laws

Question:
“18 y/o couple obtained a marriage license without parents consent in US and are validly
married therein. Is the marriage also valid in the Philippines?”

Answer:
Yes, The marriage is also valid in the Philippines.

Under Art. 26. of the family code, All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were solemnized, and valid there as such,
shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37
and 38. (17a).

In this case, since the parties obtained a valid marriage license in the US where such laws of
this country does not require a parental consent in obtaining a valid marriage license,and parental
consent in the marriage license is not among those exemptions enumerated under the provision
stated above. Therefore, under the provision stated above, such marriage is considered to be valid.

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