Legality of Freddie Aguilar and his Teenage Wife's Marriage

The Filipinos were shocked and their values and morality were put into hot seat when Freddie Aguilar, popularly known as Ka Freddie who is the singer behind the world renown "ANAK", and his teen wife publicly announced of their romantic relationship.  Many have risen their eyebrows in trying to discredit either of the two. Accordingly, Ka Freddie was setting a bad example.  He should not be emulated.  His act in having a relationship to a teenage girl is not within the norms of the society.  As a matter of fact, there are people who sued Ka Freddie for child abuse.

Despite the criticisms Ka Freddie had, he and his teenage girl did not give in.  Rather, they fortified their relationship by tying their knot legally.

Yes, you read it right.  Ka Freddie got wed to his teenage girl.  But because under the law that one should be at least 18 years of age to be capacitated to get married, marrying to a teenage girl would be impossible.  Their marriage would be void ab initio or from the beginning if that would be the case.

But Ka Freddie and his teenage lover were not married under the Civil Laws of the Philippines.  They got married under the Presidential Decree Number 1083 otherwise known as "Code of Muslim Personal Laws of the Philippines".

P.D. No. 1083

This law governs the personal laws of our Muslim brothers and sisters.  Yes, they have a set of codes to govern their ways of life.

But to be governed under this law, one should be a Muslim or any person professing the faith of ISLAM.  It does not mean that you should belong to a Maranao, Maguindanao, or Tausug tribe to be a Muslim.  A Muslim refers to any person believing and embracing the faith of ISLAM.  Hence any tribe or race for that matter may be a Muslim.

Considering that Ka Freddie and his teenage girl were not Muslims, they are not governed by the said law.  Thus, what they did, Ka Freddie and his teenage girl converted to Islam Faith.  Thus, they are now MUSLIMS by all sense of the word.

Capacity to Contract Marriage:

According to Article 16 of P.D. No. 1083, the capacity to contract marriage is:

Article 16. Capacity to contract marriage.

(1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen.

Applying the provision of the law, Ka Freddie and his teenage girl are capacitated to contract marriage.

Legality of the Marriage:

Considering that Ka Freddie and his teenage wife are both Muslims and they have the capacity to get married under the Muslim Law, their marriage is legal and valid.

If the same shall be registered in the Local Civil Registrar, the same shall become legal and valid under the Philippine Civil Law as well.

Thus, Ka Freddie and his teenage are now lawfully married.

Effect of the Criminal Cases Filed Against Ka Freddie:

It will eventually be dismissed for lack of cooperation on the part of the victim.  The victim allegedly is his wife now.  His wife would be the complaining witness of the prosecution to prove the guilt of Ka Freddie.  But because it would be expected that she would not cooperate with the prosecution, the latter would have no prime witness to indict Ka Freddie.