Introduction
A foreign national who wishes to marry in the Philippines is generally required to prove that they are legally capable of contracting marriage. In Philippine practice, this proof is usually submitted to the local civil registrar before a marriage license is issued. For many foreigners, the document traditionally used for this purpose is called a Certificate of Legal Capacity to Contract Marriage or Certificate of Legal Capacity to Marry.
However, not all foreign governments issue such a certificate. In those cases, the foreign national may instead submit an Affidavit in Lieu of Certificate of Legal Capacity to Marry. This affidavit is a sworn statement made by the foreigner declaring that they are legally free and competent to marry under the laws applicable to them.
In the Philippine context, this affidavit is important because marriage is not merely a private ceremony. It is a civil status act regulated by the Family Code of the Philippines, local civil registry rules, and the documentary requirements imposed by the city or municipal civil registrar where the marriage license is sought.
Legal Basis: Why Foreigners Need Proof of Legal Capacity
Under Philippine law, a marriage license is generally required before a marriage may be solemnized. One of the requirements for the issuance of that license is proof that each party has the legal capacity to marry.
For Philippine citizens, legal capacity is usually determined from domestic records, such as birth certificates, certificates of no marriage record, and other civil registry documents.
For foreign nationals, Philippine authorities cannot simply rely on Philippine civil registry records because the foreigner’s marital status, age of majority, divorce history, and legal capacity may be governed partly by the foreigner’s national law. As a result, Philippine local civil registrars commonly require the foreigner to submit a document issued or acknowledged by the foreigner’s embassy, consulate, or competent authority.
The usual document is a Certificate of Legal Capacity to Contract Marriage. Where the foreign government does not issue such a certificate, an affidavit may be accepted in its place.
What Is an Affidavit in Lieu of Certificate of Legal Capacity to Marry?
An Affidavit in Lieu of Certificate of Legal Capacity to Marry is a sworn written declaration made by a foreign national stating that they are legally capable of marrying in the Philippines.
The phrase “in lieu of” means “instead of.” Therefore, the affidavit is used instead of a formal certificate of legal capacity when the foreigner’s country does not issue such a certificate.
The affidavit usually states that the foreign national:
- Is of legal age to marry;
- Is not currently married, or is otherwise legally free to marry;
- Has not been legally disqualified from contracting marriage;
- Understands that the affidavit is being made for purposes of securing a Philippine marriage license;
- Swears that the information provided is true and correct.
It is not itself a marriage license. It is only one supporting document used in the marriage license application.
Certificate of Legal Capacity vs. Affidavit in Lieu
A Certificate of Legal Capacity to Marry is typically an official certification issued by a foreign embassy, consulate, or civil authority stating that, under the foreigner’s national law, the person has legal capacity to marry.
An Affidavit in Lieu, by contrast, is usually a sworn statement of the foreigner. It may be notarized or acknowledged before an embassy, consular officer, notary public, or other authorized official, depending on the practice of the foreigner’s country and the requirements of the Philippine local civil registrar.
The key distinction is this:
| Document | Nature | Issued by | Purpose |
|---|---|---|---|
| Certificate of Legal Capacity to Marry | Official certification | Embassy, consulate, or competent foreign authority | Certifies foreigner’s capacity to marry |
| Affidavit in Lieu | Sworn declaration | Executed by the foreigner, usually notarized or consularized | Used when no official certificate is issued |
The affidavit does not always have the same evidentiary strength as an official certificate, but in practice it may be accepted when the foreigner’s government has made clear that it does not issue certificates of legal capacity.
Why Some Foreigners Use an Affidavit Instead of a Certificate
Some countries do not issue a formal certificate of legal capacity to marry abroad. Instead, their embassies or consulates may allow their citizens to execute a sworn affidavit declaring their marital status and legal capacity.
This is common where the foreign government does not maintain a centralized civil registry in the same way the Philippines does, or where the government does not certify the legal capacity of its citizens for marriages contracted overseas.
For example, some embassies may provide a notarial service for a sworn statement but will not certify that the person is legally free to marry. In such a case, the embassy may make clear that the affidavit is the citizen’s own sworn declaration, not a government certification of the truth of the facts stated.
This distinction matters because the Philippine local civil registrar still has discretion to evaluate whether the submitted document satisfies local requirements.
Who Needs This Affidavit?
The affidavit is generally relevant when:
- A foreign national intends to marry in the Philippines;
- The foreign national’s country does not issue a certificate of legal capacity to marry;
- The local civil registrar requires proof of the foreigner’s legal capacity before issuing a marriage license;
- The foreigner must submit a sworn statement in place of the unavailable certificate.
It is usually not required from Filipino citizens marrying other Filipino citizens. It is mainly a foreign national’s document.
It may be needed whether the foreigner is marrying:
- A Filipino citizen;
- A dual citizen;
- Another foreign national in the Philippines.
However, exact documentary requirements may vary by city or municipality.
Role of the Local Civil Registrar
The local civil registrar is the government official who processes the marriage license application. The couple files the application in the city or municipality where either party resides, subject to the usual rules on marriage licenses.
The registrar reviews the documents submitted by both parties. For the foreign national, the registrar may require:
- Passport;
- Proof of identity;
- Proof of legal stay or arrival;
- Certificate of legal capacity to marry, or affidavit in lieu;
- Divorce decree, annulment decree, death certificate of former spouse, or other proof of termination of prior marriage, if previously married;
- Birth certificate or equivalent record;
- Other documents depending on the registrar’s policy.
Because local practice can differ, one civil registrar may accept a particular affidavit format while another may ask for additional documents or authentication.
Typical Contents of the Affidavit
An Affidavit in Lieu of Certificate of Legal Capacity to Marry commonly includes the following information:
1. Personal Information of the Foreign National
The affidavit usually identifies the affiant by stating:
- Full name;
- Citizenship or nationality;
- Date of birth;
- Place of birth;
- Passport number;
- Current address;
- Civil status;
- Name of intended spouse.
2. Statement of Legal Age
The affiant declares that they are of legal age to contract marriage. Under Philippine law, the minimum age for marriage is eighteen. However, the foreigner may also need to be legally capable under their own national law.
3. Statement of Civil Status
The affiant states whether they are:
- Single;
- Divorced;
- Widowed;
- Annulled;
- Otherwise legally free to marry.
A person who has been previously married should not rely on a bare statement alone. The registrar will usually require documentary proof that the prior marriage has legally ended.
4. Statement of No Legal Impediment
The affidavit often includes a declaration that there is no legal impediment preventing the affiant from marrying the named person.
This may include a statement that the affiant is not related to the intended spouse within prohibited degrees, is not presently married, and is not otherwise disqualified by law.
5. Statement of Purpose
The affidavit usually states that it is executed for the purpose of applying for a marriage license and contracting marriage in the Philippines.
6. Oath or Verification
The affiant swears that the facts stated are true and correct. The affidavit must be signed before an authorized officer, such as a consular officer or notary public, depending on the circumstances.
Sample Structure of the Affidavit
A typical affidavit may follow this structure:
Title: Affidavit in Lieu of Certificate of Legal Capacity to Contract Marriage
Opening statement: The affiant identifies themselves, their nationality, passport details, age, address, and capacity to execute the affidavit.
Substantive declarations: The affiant states that they are legally free to marry, have no existing marriage, and know of no legal impediment to the intended marriage.
Purpose clause: The affiant states that the affidavit is being executed for submission to the local civil registrar in connection with a marriage license application in the Philippines.
Oath: The affiant swears to the truth of the statements.
Signature and notarial/consular acknowledgment: The affidavit is signed and sworn before an authorized officer.
Is the Affidavit Enough by Itself?
Not always.
An Affidavit in Lieu may be accepted as a substitute for a Certificate of Legal Capacity, but it does not automatically satisfy all marriage license requirements.
The local civil registrar may still require supporting documents, especially where the foreigner was previously married. For example:
- If divorced, the foreigner may need to present a final divorce decree;
- If widowed, a death certificate of the former spouse may be required;
- If annulled, a final annulment or nullity decree may be required;
- If the document was issued abroad, authentication, apostille, or consular acknowledgment may be required depending on the document and country.
The affidavit is only one part of the documentary package.
Special Concern: Previously Married Foreign Nationals
A foreign national who was previously married must prove that the prior marriage has been legally dissolved or terminated.
This is especially important in the Philippines because divorce is generally not available to Filipino citizens, but foreign divorces may be recognized under certain circumstances. For a foreigner, however, a valid divorce obtained abroad may show that the foreigner is free to remarry.
The local civil registrar will usually want documentary proof, not merely a sworn statement. A divorce decree, final judgment, decree absolute, certificate of dissolution, death certificate, or other equivalent record may be required.
If the foreign national’s intended spouse is Filipino and the foreigner obtained a divorce from a prior marriage involving a Filipino spouse, issues of recognition of foreign divorce may arise. This can become legally complex and may require court recognition in the Philippines, depending on the facts.
Special Concern: Filipino Spouse and Foreign Divorce
Where a Filipino citizen is involved, one must be careful with the effect of foreign divorce.
Philippine law recognizes that if a divorce is validly obtained abroad by the alien spouse and it enables that foreign spouse to remarry, the Filipino spouse may also acquire capacity to remarry under Philippine law. However, as a practical matter, Philippine civil registry authorities often require judicial recognition of the foreign divorce before the Filipino’s civil status can be changed in Philippine records.
This issue is separate from the foreigner’s affidavit. The foreigner’s affidavit may show the foreigner’s claimed capacity, but it does not automatically update the Filipino party’s civil registry status.
Does the Embassy Issue the Affidavit?
In many cases, the embassy does not “issue” the affidavit in the sense of certifying the foreigner’s legal capacity. Rather, the foreigner executes the affidavit, and the embassy or consular officer notarizes or acknowledges the signature.
This means the embassy may only be confirming that:
- The person personally appeared;
- The person identified themselves;
- The person signed the affidavit;
- The person swore or affirmed the statement.
The embassy may not be certifying that the person is actually single or legally free to marry.
This distinction is important because Philippine authorities may still ask for supporting documents.
Notarization, Consularization, and Apostille
The acceptability of the affidavit may depend on how it was executed.
If executed before an embassy or consulate in the Philippines
The affidavit may be notarized or acknowledged by a consular officer. This is often the most convenient form because Philippine local civil registrars are familiar with embassy-notarized affidavits.
If executed before a Philippine notary public
Some registrars may accept an affidavit notarized locally in the Philippines, but others may prefer an embassy or consular form because the document concerns the foreigner’s legal capacity under foreign law.
If executed abroad
If the affidavit or supporting documents are executed abroad, the local civil registrar may require an apostille or authentication, depending on whether the issuing country is a party to the Apostille Convention and on Philippine rules for foreign public documents.
Documents in a foreign language may also need certified English translations.
Relationship to the Marriage License
The affidavit is normally submitted before the marriage license is issued. The general sequence is:
- The couple gathers documents;
- The foreign national obtains a certificate of legal capacity or executes an affidavit in lieu;
- The couple files a marriage license application with the local civil registrar;
- The required posting or waiting period is observed;
- The marriage license is issued if all requirements are satisfied;
- The marriage is solemnized by an authorized solemnizing officer;
- The marriage certificate is registered.
The affidavit does not authorize the ceremony by itself. The marriage license and proper solemnization remain necessary unless the marriage falls under one of the exceptional cases where a license is not required.
Marriage License Waiting Period
In ordinary cases, after the marriage license application is filed, there is a mandatory posting period before the license is issued. The purpose is to give notice of the intended marriage and allow legal impediments to be brought forward.
The affidavit in lieu is usually submitted at the application stage, not after the marriage ceremony.
Validity Period and Timing
The affidavit may have a practical validity period imposed by the local civil registrar or embassy practice, even if the affidavit itself does not expressly expire. Some registrars prefer recently executed documents, often within a few months of the marriage license application.
The marriage license itself has a validity period under Philippine law. Once issued, it must be used within that period, or the couple must apply for a new license.
Because of this, timing matters. The foreign national should obtain the affidavit close enough to the marriage license application date so that the registrar will consider it current.
Common Requirements Alongside the Affidavit
Although requirements vary, a foreign national may commonly be asked for:
- Valid passport;
- Photocopy of passport biographical page;
- Proof of latest arrival in the Philippines;
- Valid visa or proof of lawful stay, if applicable;
- Affidavit in Lieu of Certificate of Legal Capacity to Marry;
- Birth certificate or equivalent record;
- Divorce decree, if divorced;
- Death certificate of former spouse, if widowed;
- Annulment decree or equivalent judgment, if a prior marriage was annulled;
- Parental consent or advice, if applicable by age;
- Certificate of attendance in required pre-marriage counseling or family planning seminar;
- Recent photographs;
- Community tax certificate or local forms, where required from the Filipino party;
- Certificate of No Marriage Record for the Filipino party.
The list is not uniform across all local civil registrars.
The Affidavit and the CENOMAR
A CENOMAR, or Certificate of No Marriage Record, is issued by the Philippine Statistics Authority for persons whose marriage records are searched in the Philippine civil registry system.
For Filipino citizens, a CENOMAR is commonly required.
For foreign nationals, a Philippine CENOMAR is usually not enough because the foreigner’s marital history may not be recorded in the Philippines. The foreigner may instead need a certificate from their country or an affidavit in lieu.
In some cases, a foreigner who has lived in the Philippines may still be asked for Philippine civil registry records, but this does not replace the need to establish foreign legal capacity.
Legal Effect of a False Affidavit
A false affidavit can have serious consequences. Since the affidavit is sworn, knowingly making false statements may expose the affiant to legal liability.
Possible consequences include:
- Refusal of the marriage license application;
- Administrative issues before the local civil registrar;
- Criminal exposure for false statements or perjury, depending on the circumstances;
- Civil consequences affecting the validity or recognition of the marriage;
- Immigration or consular consequences;
- Later challenges to the marriage.
For example, if a foreigner falsely declares that they are single while still married elsewhere, the Philippine marriage may be legally defective, and the foreigner may face legal consequences.
Effect on Validity of Marriage
The affidavit is part of the documentary process leading to the issuance of a marriage license. If the affidavit is defective, fraudulent, or false, the consequences depend on the nature of the defect.
A mere irregularity in the documents may not always make a marriage void, especially if the essential and formal requisites of marriage were otherwise present. However, if the defect reveals lack of legal capacity, an existing prior marriage, fraud, or another legal impediment, the validity of the marriage may be seriously affected.
Philippine law distinguishes between:
- Essential requisites, such as legal capacity and consent;
- Formal requisites, such as authority of the solemnizing officer, valid marriage license, and marriage ceremony.
Lack of legal capacity is a serious matter. The affidavit cannot create legal capacity where none exists.
Foreign Law and Legal Capacity
For foreign nationals, legal capacity may be determined by their national law. This is why Philippine authorities require proof that the foreigner is legally capable of marrying.
The affidavit is a practical workaround when the foreigner’s government does not issue a direct certification. But the underlying issue remains: the foreigner must actually be legally capable of marriage under the applicable law.
A person may be unable to marry because of:
- Existing marriage;
- Insufficient age;
- Prohibited relationship;
- Lack of capacity under their national law;
- Unresolved divorce or annulment issues;
- Other legal impediments.
The affidavit should reflect the truth under the foreigner’s applicable law, not merely what is convenient for Philippine paperwork.
Local Variation in Acceptance
One of the most important practical points is that acceptance of an Affidavit in Lieu may vary among local civil registrars.
Some registrars are familiar with affidavits used by citizens of particular countries. Others may insist on a certificate or additional written confirmation from the embassy that no certificate is issued.
A registrar may ask for:
- Embassy-issued affidavit form;
- Embassy-notarized affidavit;
- Letter from the embassy explaining that it does not issue legal capacity certificates;
- Apostilled civil status record;
- Divorce or death records;
- Certified translations.
Thus, a document accepted in one city may be questioned in another.
Countries That Commonly Use Affidavits
Some foreign nationals, depending on their country’s consular practice, may use affidavits rather than certificates. The exact practice can change, and embassies may revise their procedures.
The important point is not the country label alone, but whether the relevant embassy or authority actually issues a Certificate of Legal Capacity to Marry. If it does not, an affidavit in lieu may be the practical substitute.
Foreign nationals should ensure that the affidavit format matches the current practice of their embassy and the requirements of the Philippine local civil registrar.
Philippine Marriage Requirements Still Apply
Even if the foreign national submits an affidavit in lieu, the marriage must still comply with Philippine marriage requirements.
These include, in ordinary cases:
- Legal capacity of both parties;
- Consent freely given in the presence of the solemnizing officer;
- Authority of the solemnizing officer;
- Valid marriage license, unless exempt;
- Marriage ceremony with personal appearance of the parties before the solemnizing officer and witnesses.
The affidavit does not dispense with these requirements.
Use in Civil, Church, and Other Ceremonies
The affidavit is relevant primarily to the civil marriage license process. Whether the couple will marry before a judge, mayor, priest, pastor, imam, rabbi, or other authorized solemnizing officer, the marriage license requirement ordinarily remains unless an exception applies.
Religious institutions may also impose their own documentary requirements. A church or religious solemnizing officer may ask for documents beyond those required by the civil registrar.
Thus, a foreigner may need the affidavit for the civil registrar and additional documents for the religious ceremony.
Affidavit in Lieu and Marriage Abroad Recognition
A marriage validly celebrated in the Philippines is generally evidenced by a registered marriage certificate. For the foreigner’s home country, recognition of the Philippine marriage may require registration or reporting according to that country’s law.
The affidavit in lieu is usually not the document used to prove the marriage abroad. After the wedding, the important document is the registered Philippine marriage certificate, often issued by the Philippine Statistics Authority after registration.
The foreign spouse may later need to report the marriage to their embassy, immigration authority, or civil registry abroad.
Common Problems and How They Arise
1. The Registrar Refuses the Affidavit
This may happen if the registrar believes the affidavit is insufficient, outdated, improperly notarized, or unsupported by proof of civil status.
2. The Foreign Divorce Is Not Clear
If the foreigner was previously married, the registrar may require a final divorce decree or proof that the divorce is valid and final.
3. Name Discrepancies
Differences in spelling, middle names, prior married names, or passport names can cause delays.
4. The Affidavit Is Not Embassy-Notarized
Some registrars may prefer consular notarization over local notarization.
5. The Document Is Old
Registrars may prefer recently executed affidavits.
6. The Embassy Wording Is Limited
Some embassy forms may state that the embassy does not verify the truth of the affiant’s statements. A registrar may then ask for supporting records.
7. The Foreigner Has No Proof of Termination of Prior Marriage
A bare affidavit may not be enough if the foreigner was previously married.
Practical Drafting Considerations
A good affidavit should be clear, specific, and consistent with supporting documents.
It should avoid vague statements. Instead of merely saying “I am eligible to marry,” it is better to state the facts supporting eligibility, such as civil status, age, nationality, and absence of legal impediment.
The intended spouse should be identified accurately. Names should match passports, birth certificates, and civil registry records.
If the affiant was previously married, the affidavit should refer to the divorce, annulment, or death of the former spouse, but the supporting document should still be attached or separately submitted.
Sample Clauses
The following are common types of clauses found in an affidavit:
Identity Clause
“I am a citizen of ___, of legal age, holder of Passport No. ___, issued on ___, and presently residing at ___.”
Purpose Clause
“I execute this Affidavit in lieu of a Certificate of Legal Capacity to Contract Marriage for the purpose of applying for a marriage license in the Philippines.”
Civil Status Clause
“I am single and have never been married.”
Or, if previously married:
“I was previously married to ___, but that marriage was dissolved by final divorce decree issued on ___ by ___, and I am legally free to remarry.”
No Impediment Clause
“To the best of my knowledge and belief, there is no legal impediment to my intended marriage to ___.”
Oath Clause
“I declare under oath that the foregoing statements are true and correct.”
Limitations of the Affidavit
The affidavit has important limits.
It does not:
- Prove all facts conclusively;
- Replace a divorce decree, death certificate, or annulment judgment;
- Guarantee issuance of a marriage license;
- Override Philippine law;
- Override the foreigner’s national law;
- Cure an existing legal impediment;
- Automatically validate a marriage;
- Automatically secure recognition of the marriage abroad.
It is a sworn declaration, not a magic substitute for legal capacity.
Importance of Consistency Across Documents
The information in the affidavit should match the foreigner’s passport, birth certificate, divorce decree, and other records.
Inconsistencies may raise questions, such as:
- Different name spellings;
- Different dates of birth;
- Different civil status declarations;
- Missing middle names;
- Use of married name after divorce;
- Incomplete divorce details;
- Different nationality descriptions.
Even minor inconsistencies can delay the marriage license application.
Translation Issues
If the foreigner’s supporting documents are not in English, the local civil registrar may require translation.
The translation may need to be certified, notarized, apostilled, or otherwise authenticated depending on the source document and local practice.
The affidavit itself is usually prepared in English because it will be submitted to Philippine authorities.
Interaction with Immigration Matters
The affidavit is a marriage licensing document. It is not an immigration document by itself.
However, marriage to a Filipino citizen may later be relevant to visa applications, permanent residence, recognition of spouse status, or other immigration matters. In those later processes, immigration authorities may review the validity and authenticity of the marriage documents.
A false or defective affidavit can therefore create problems beyond the marriage license stage.
Is Legal Assistance Required?
Legal assistance is not always required for a straightforward first marriage involving a foreigner who is single, of legal age, and has complete documents.
However, legal advice is strongly advisable where there are complications, such as:
- Prior marriages;
- Divorce involving a Filipino spouse;
- Annulment or nullity issues;
- Conflicting civil status records;
- Dual citizenship;
- Name discrepancies;
- Same-sex marriage issues;
- Proxy marriage issues;
- Questions about recognition abroad;
- Refusal by the local civil registrar.
The more complex the foreigner’s marital history, the riskier it is to rely on a simple affidavit alone.
Same-Sex Marriage Considerations
Philippine law does not recognize same-sex marriage as a valid marriage under domestic law. Even if a foreign national’s country recognizes same-sex marriage, a same-sex marriage cannot ordinarily be contracted as a valid Philippine marriage under current Philippine law.
An affidavit in lieu cannot overcome this limitation.
Proxy and Online Marriage Issues
A marriage in the Philippines generally requires the personal appearance of the contracting parties before the solemnizing officer, with their consent declared in the presence of the solemnizing officer and witnesses.
An affidavit in lieu does not authorize proxy marriage or purely remote solemnization where Philippine law requires personal appearance and a valid ceremony.
Marriage License Exceptions
There are exceptional situations under Philippine law where a marriage license may not be required, such as certain marriages in articulo mortis or marriages involving parties who have lived together as husband and wife for the required period and meet statutory conditions.
However, these exceptions are narrowly treated and should not be casually invoked to avoid ordinary documentation. A foreigner’s affidavit in lieu is most commonly relevant to the ordinary marriage license process.
Best Practices Before Filing the Marriage License Application
Before applying for a marriage license, the couple should:
- Ask the local civil registrar for its specific list of requirements;
- Confirm whether an affidavit in lieu is accepted;
- Confirm whether the affidavit must be embassy-notarized;
- Check whether supporting foreign documents need apostille or authentication;
- Prepare divorce, death, or annulment records if applicable;
- Ensure all names and dates are consistent;
- Prepare certified translations where needed;
- Execute the affidavit close to the application date;
- Keep copies of all submitted documents.
These steps reduce the risk of delay or refusal.
Frequently Asked Questions
Is an Affidavit in Lieu the same as a Certificate of Legal Capacity?
No. A certificate is usually an official certification from a foreign authority. An affidavit in lieu is a sworn statement by the foreigner, used when the foreigner’s country does not issue the certificate.
Can a foreigner marry in the Philippines without this affidavit?
If the foreigner can submit a Certificate of Legal Capacity to Marry, the affidavit may not be needed. If no certificate is available, the affidavit may be required. The local civil registrar decides what documents are acceptable.
Does the affidavit prove that the foreigner is single?
It is evidence of the foreigner’s sworn statement, but it may not be conclusive proof. The registrar may require supporting documents.
Does the embassy guarantee the truth of the affidavit?
Usually not. In many cases, the embassy or consulate merely notarizes or acknowledges the foreigner’s sworn statement.
Can a divorced foreigner use an affidavit?
Yes, but the foreigner will likely need to submit the divorce decree or equivalent proof that the prior marriage was legally dissolved.
Can the affidavit be notarized by a Philippine notary?
Possibly, but some local civil registrars prefer or require an embassy or consular affidavit. Local practice should be checked before filing.
Is the affidavit required after marriage?
No. It is generally used before marriage, during the marriage license application process.
Does the affidavit expire?
The affidavit may not have a statutory expiration date, but registrars often prefer recent documents. The marriage license itself has a separate validity period.
What happens if the affidavit contains false information?
False statements may lead to refusal of the application, legal consequences, and possible challenges affecting the marriage.
Conclusion
An Affidavit in Lieu of Certificate of Legal Capacity to Marry is a practical and often necessary document for foreign nationals who wish to marry in the Philippines when their country does not issue a formal certificate of legal capacity. It serves as a sworn declaration that the foreigner is legally free and competent to marry.
Its usefulness, however, depends on proper execution, truthful contents, supporting documents, and acceptance by the local civil registrar. It does not replace the marriage license, does not cure legal incapacity, and does not automatically prove every fact related to the foreigner’s civil status. Where prior marriages, divorces, foreign judgments, or Filipino civil status issues are involved, the affidavit should be treated as only one part of a broader legal and documentary process.