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Public policy, good morals and the interest of society

require that the marital relation should be surrounded with


every safeguard and its severance only in the manner prescribed
and the causes specified by law. The laws regulating civil
marriages are necessary to serve the interest, safety, good order,
comfort or general welfare of the community and the parties
can waive nothing essential to the validity of the proceedings. A
civil marriage anchors an ordered society by encouraging stable
relationships over transient ones; it enhances the welfare of the
community (Manuel v. People, G.R. No. 165842, November 29,
2005, 476 SCRA 461).

The Primary issue of marriageable age is whether or not a 14-year-old has intelligence to give
consent.
Further enhanced by the wordings of the law where a person whose age is between 18-21 must obtain consent
from his/her parent, the same can be inferred in the reason of the law to impose 18-year-old as the age of
majority when the law allows a person to finally enter into contracts having intelligence to freely give consent.
Age is only an avenue in which the state can limit and control the people from giving valid consent.
The social aspects of marriage have become so impressed upon us that lawmaking bodies everywhere have seen fit to impose safeguards against illadvised unions. Thus, waiting periods, medical examinations, age
restrictions, marriage within degrees of consanguinity and affinity, and
many other controls have been universally imposed by state legislatures in
order to preserve and maintain the utmost purity and integrity of marriage
(In re Barbara Haven 86 Pa., D.C.CC 141).
Age restriction is only a safeguard against ill-advised unions with the presumption that a person below the age
restriction, in this case 18 years of age, do not have the intelligence to give consent. The reason for such
restriction is from the words of Atty. Sta. Maria, Indeed, not only is the state concerned with the validity of

marriage per se but also with the sustainability and maintenance of a harmonious and healthy
family life brought about by such marriage. (Persons and Family Life | Sta. Maria)
Age of consent throughout history has usually coincided with the age of puberty although at
sometimes it has been as early as seven. (http://dx.doi.org/10.1300/J056v16n02_03) The Catholic
Church presented the idea that consent is related to the biological capacity of a man and a woman
and that their physical development should determine whether a person is ready to marry or not.
(http://www.brown.edu/Departments/Italian_Studies/dweb/society/sex/sex-spouses.php) It can be
inferred then that age as a limiting factor is effective insofar as it portrays the average physical and
psychological development.

Which brings us to another relevant issue regarding the lowering of marriageable age, we must focus
on the issue on whether a person who is 14 years of age can sustain and maintain a
harmonious and healthy family life.