VA U.S. citizen who plans to marry in the Philippines normally needs an Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage before the local civil registrar will issue a marriage license. The affidavit is a sworn statement that the American is legally free to marry. It is not a U.S. government certification of marital status, and it does not replace divorce decrees, death certificates, or other documents proving how previous marriages ended.

The most important practical point is that pandemic-era rules allowing routine notarization by a Philippine notary were temporary. Under current procedures, the safest and generally required route is to use the prescribed affidavit and have it notarized by a U.S. consular officer at the U.S. Embassy in Manila or the U.S. Consular Agency in Cebu.

What Is an Affidavit in Lieu of Legal Capacity to Marry?

Article 21 of the Family Code of the Philippines requires a foreign citizen applying for a Philippine marriage license to submit a certificate of legal capacity to contract marriage issued by the foreigner’s diplomatic or consular officials. (Lawphil)

“Legal capacity” means that the person is legally qualified to marry. Among other things, the person must:

Be old enough to marry;
Not have an existing valid marriage;
Have validly terminated every previous marriage;
Not be marrying a prohibited close relative; and
Have no other legal impediment under the applicable law.

The United States does not maintain one nationwide registry that can conclusively certify whether every U.S. citizen is single, divorced, or widowed. For that reason, the U.S. government does not issue a conventional certificate declaring that an American is free to marry. Instead, the American executes an affidavit under oath, and a U.S. consular officer notarizes the signature.

The consular officer’s notarization confirms that the person appeared, established identity, and swore or affirmed the statement. It does not mean that the U.S. government independently searched every state’s marriage and divorce records or guaranteed that the statement is true. The current U.S. Embassy notarial-services page provides separate legal-capacity affidavit forms for Manila and Cebu. (U.S. Embassy in the Philippines)

Current Rule for U.S. Citizens in the Philippines

Locally notarized affidavits were a temporary pandemic measure

In 2021, the Philippine Statistics Authority, or PSA, temporarily allowed affidavits in lieu of legal-capacity certificates to be notarized by Philippine notaries. This addressed the suspension or restriction of foreign-embassy services during the COVID-19 pandemic.

That temporary arrangement was later withdrawn. PSA Memorandum Circular No. 2023-16 extended local acceptance only until October 31, 2023 for citizens of the United States, United Kingdom, Canada, and Australia. The circular stated that, after the extension, applicants would again be required to comply with Article 21 of the Family Code.

Consequently, an old online article saying that an American may simply visit any Philippine notary is no longer a reliable guide. A locally notarized affidavit may be rejected unless the local civil registrar can identify a later, applicable PSA issuance or other written authority permitting it.

The practical current route

A U.S. citizen should ordinarily:

Download the correct affidavit for Manila or Cebu.
Complete it without signing it.
Obtain a notarial appointment with the appropriate U.S. post.
Appear personally with a valid U.S. passport.
Sign and swear or affirm the affidavit before the consular officer.
Submit the notarized original to the Philippine local civil registrar handling the marriage-license application.

The official form asks for information including the applicant’s:

Full name;
U.S. citizenship;
Passport number, issuance date, and issuing authority;
State of legal residence;
Address in the Philippines; and
Marital history, including whether the applicant has never married or has legally terminated all previous marriages.

A sample U.S. affidavit appears in PSA materials, while the Embassy’s current downloadable version should be used for an actual appointment.

Requirements for the U.S. Embassy or Consular Agency Appointment

The applicant should prepare the following before attending the notarial appointment:

Requirement	Practical details
Correct affidavit form	Use the version designated for Manila or Cebu. Complete all applicable fields but do not sign beforehand.
Valid U.S. passport	Bring the original. The name and passport details must match the affidavit.
Appointment confirmation	Notarial services generally require an advance appointment.
Notarial fee	The current fee is US$50 per notarial seal. The Embassy states that it accepts cash in U.S. dollars or Philippine pesos, or a credit card charged in U.S. dollars.
Previous-marriage records	Bring certified final divorce decrees, annulment or nullity judgments, or death certificates when applicable, particularly because the civil registrar will require them.
Supporting identity or name-change records	Bring a marriage certificate, court order, or other record if the name on an older divorce or civil document differs from the current passport.
Photocopies	Carry several clear copies of the passport biographical page, affidavit, and civil-status documents.

The Embassy may request additional evidence when necessary. Payment and documentary rules can change, so the official U.S. Embassy notarial-services instructions should be checked shortly before the appointment. (U.S. Embassy in the Philippines)

Do not sign the affidavit at home. An affidavit requiring a jurat must be signed in the presence of the officer administering the oath.

Step-by-Step Process for Obtaining a Philippine Marriage License

1. Identify the correct local civil registrar

Under Article 9 of the Family Code, a marriage license is issued by the local civil registrar of the city or municipality where either contracting party habitually resides. For a U.S. citizen marrying a Filipino, the application is commonly filed in the Filipino partner’s city or municipality of residence. (Lawphil)

Before obtaining the affidavit, request the civil registrar’s current checklist. This prevents problems such as using the wrong affidavit form, obtaining insufficient copies, or discovering late that an apostilled foreign document is required.

Ask specifically whether the office requires:

DFA certification of the consular affidavit;
An apostilled U.S. birth certificate;
PSA searches under the American’s name;
Proof of Philippine address or immigration status;
Originals and photocopies of divorce records; or
A particular validity period for the affidavit.

2. Book the U.S. notarial appointment

Use the U.S. Embassy’s official appointment system and choose the location corresponding to the form you will use.

Appointment availability can be the first major bottleneck. Do not schedule a nonrefundable wedding venue based only on the expected ten-day marriage-license posting period. Allow time for the consular appointment and for the civil registrar to review foreign documents.

3. Prepare but do not sign the affidavit

Enter all information exactly as shown in the passport and supporting records. Avoid abbreviations or inconsistent spellings.

For example, if a divorce decree identifies the applicant as “John Michael Smith” but the affidavit says “John M. Smith,” bring records showing that both names refer to the same person. Name discrepancies are a common reason for additional civil-registry review.

4. Appear before the U.S. consular officer

Bring the unsigned affidavit, passport, payment, and supporting records. The consular officer will administer the oath or affirmation and notarize the document if the requirements are satisfied.

The affidavit is usually completed during the appointment, but processing may take longer when there are identity questions, incomplete forms, or unusual marital histories.

5. Assemble the full marriage-license package

The affidavit is only one part of the application. The local civil registrar commonly requires some or all of the following:

From the U.S. citizen

Valid U.S. passport;
Notarized affidavit in lieu of legal capacity;
Birth certificate or other acceptable proof of birth;
Proof of Philippine address, when requested;
Immigration document, entry stamp, visa extension, or ACR I-Card, when applicable;
Certified divorce decree for every previous divorce;
Death certificate of a deceased former spouse;
Annulment or nullity judgment, when applicable;
Name-change documents; and
Passport-sized photographs, if required locally.

From the Filipino citizen

PSA birth certificate;
PSA Certificate of No Marriage Record, commonly called a CENOMAR, or an Advisory on Marriages;
Valid government-issued identification;
Barangay certificate or other proof of residence, when requested;
Documents proving termination of any previous marriage; and
Parental consent or advice documents when required by age.

A U.S. affidavit is not the equivalent of a PSA CENOMAR. It addresses the American’s sworn legal capacity. The Filipino partner must separately satisfy Philippine civil-status requirements.

6. Attend required seminars or counselling

Local governments commonly require a pre-marriage orientation, family-planning seminar, or counselling certificate before completing the application.

The Family Code also contains age-specific requirements:

A person aged 18 to 20 needs parental consent.
A person aged 21 to 25 must seek parental advice.
Failure to obtain required parental advice, or receiving unfavorable advice, can delay issuance of the license for three months after publication.
Required marriage counselling must be completed in cases covered by Articles 14 to 16.

No person below 18 may validly marry in the Philippines. Article 5 of the Family Code establishes the minimum age, while Republic Act No. 11596, the Prohibition of Child Marriage Law, separately prohibits and penalizes child marriage. (Lawphil)

7. File the sworn marriage-license applications

Each party files a separate sworn application containing personal information such as age, birthplace, citizenship, residence, parents’ names, civil status, and details of any terminated previous marriage.

Bring the originals even when the office has already reviewed digital copies. The registrar may need to compare the copies with the originals before accepting the application.

8. Wait through the ten-day posting period

Under Article 17 of the Family Code, notice of the application must be posted publicly for ten consecutive days. The notice allows anyone with knowledge of a legal impediment to inform the civil registrar. The license may be issued after the posting period is completed. (Lawphil)

In practice, release may occur on the eleventh day or the next working day, depending on weekends, holidays, and the office’s processing schedule.

9. Use the marriage license within 120 days

A Philippine marriage license is valid anywhere in the country for 120 days from its date of issuance. It automatically expires if not used within that period. (Lawphil)

The 120 days run from issuance, not from the wedding booking date. If the wedding is postponed beyond the expiration date, a new application and posting process will ordinarily be required.

Previous Marriages: Additional Documents and Complications

The U.S. citizen is divorced

A person who was previously married should submit a certified final divorce decree for each previous marriage. A mere petition, settlement agreement, docket entry, or unsigned online printout is generally insufficient.

For a U.S. divorce document to be formally used in the Philippines, the civil registrar may require:

A certified copy issued by the court or authorized records office;
Proof that the divorce became final; and
An apostille issued by the competent authority in the U.S. state where the document originated.

The Philippines and the United States participate in the Apostille Convention. An apostille authenticates the origin and official signature of a public document; it does not decide whether the divorce was legally correct or whether the applicant is telling the truth.

The Supreme Court explained in Bayot v. Court of Appeals that a foreigner’s capacity to marry is governed by the foreigner’s national law. The legal-capacity document serves as evidence of that capacity, but the underlying marital status must still be genuine. (Lawphil)

The former spouse was Filipino

Extra review is common when the American’s prior marriage was to a Filipino and the marriage remains recorded in the PSA without a divorce annotation.

A valid foreign divorce may capacitate the American to remarry under the applicable foreign law. The Filipino former spouse, however, generally needs a Philippine Regional Trial Court judgment recognizing the foreign divorce before the Filipino’s PSA marriage record can be annotated and the Filipino can remarry in the Philippines.

The PSA describes the administrative steps after judicial recognition: the RTC decree and certificate of finality must be registered, after which the relevant civil registrar processes annotation of the marriage record. (Philippine Statistics Authority)

For the American’s new application, the local civil registrar may request the apostilled divorce decree, evidence that it is final, and additional documents explaining the status of the Philippine marriage record. Obtain written pre-clearance before fixing the wedding date.

The U.S. citizen is widowed

Submit a certified death certificate for the former spouse. If it was issued in the United States, the registrar may require an apostille.

Check whether the names, birth dates, and marriage details match the applicant’s current records. A death certificate showing a shortened name or an old surname may need to be supported by the former marriage certificate or a name-change document.

The previous marriage was annulled or declared void

Submit the final court judgment and proof of finality. If the judgment came from a U.S. court, it may require certification and an apostille.

A person should not simply describe a prior marriage as “invalid” because the couple separated, never lived together, or believes the ceremony was defective. Until the legal status is properly established, declaring under oath that all previous marriages were terminated can create serious problems.

Does the Affidavit Need an Apostille or DFA Authentication?

An affidavit notarized at the U.S. Embassy or Consular Agency is executed in the Philippines before a U.S. consular official. It is not the same as a document notarized in a U.S. state and mailed to the Philippines.

Do not automatically obtain an apostille for the consular affidavit. Instead, ask the receiving civil registrar whether it requires a Philippine DFA certification or authentication of the foreign-embassy document.

The DFA’s appointment guidance states that certifications involving documents issued by foreign embassies in the Philippines are handled at DFA Aseana. This is different from obtaining a U.S. apostille for a U.S.-issued divorce decree or birth certificate. (DFA Appointment System)

Document	Possible authentication route
Affidavit notarized by U.S. Embassy Manila or Consular Agency Cebu	Ask the Philippine civil registrar whether DFA certification is required
U.S. state birth certificate	Certified copy plus apostille from the competent state authority, if required
U.S. divorce decree	Court-certified copy plus state apostille, if required
U.S. death certificate	Certified copy plus state apostille, if required
Philippine PSA document to be used abroad	DFA apostille through the applicable Philippine process

Typical Fees and Timelines

Stage	Expected cost or time
U.S. consular notarization	US$50 per notarial seal under the current Embassy fee schedule
Appointment waiting time	Varies according to available slots
Actual notarial appointment	Often completed during the scheduled visit if documents are complete
Local civil-registry charges	Vary by city or municipality; there is no single nationwide amount
Marriage-license publication	Ten consecutive days
License validity	120 days from issuance
Registration after the wedding	The solemnizing officer must transmit the required marriage-certificate copies to the local civil registrar within 15 days

Article 19 of the Family Code permits the collection of prescribed marriage-license fees but provides for free issuance to qualified indigent applicants. Article 23 requires the solemnizing officer to send the required marriage-certificate copies to the local civil registrar not later than 15 days after the ceremony. (Lawphil)

A newly registered marriage may not appear in the PSA database immediately. Couples who need early proof for immigration, insurance, or employment purposes should retain the original marriage documents and ask the local civil registrar when a certified local copy will become available.

Common Mistakes That Delay or Prevent the Marriage License

Using a locally notarized affidavit based on old information

The broad pandemic-era authority expired. Use the U.S. consular process unless the receiving registrar confirms a different current rule in writing.

Booking the wedding before the documents are reviewed

The ten-day posting period is not the entire process. Consular appointments, apostilles, document corrections, seminars, and review of previous marriages can add weeks or months.

Signing the affidavit before the appointment

The applicant must sign in front of the consular officer administering the oath.

Assuming the affidavit proves a divorce

The affidavit does not replace the divorce decree. A previously married applicant must still show how and when the prior marriage legally ended.

Submitting an uncertified online divorce record

Many online court portals provide informational copies that are not certified for official use. Obtain the court-certified final decree and, when required, an apostille.

Hiding a previous marriage

A knowingly false affidavit can expose the signer to prosecution for perjury under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594. The amended law expressly covers knowingly untruthful statements in an affidavit concerning a material matter. (Lawphil)

Contracting another marriage while a prior valid marriage remains legally subsisting may also constitute bigamy under Article 349 of the Revised Penal Code. (Lawphil)

Ignoring name and date discrepancies

Differences involving middle names, suffixes, former surnames, dates of birth, or passport numbers should be resolved or documented before filing. Civil registrars must ensure that the affidavit and termination records refer to the same person.

Treating the Embassy appointment as the entire marriage process

The U.S. Embassy does not issue the Philippine marriage license, conduct the marriage, or register it with the PSA. Those functions belong to Philippine civil registrars and authorized solemnizing officers.

Frequently Asked Questions

Can a Philippine notary notarize my affidavit in lieu of legal capacity?

Not as the ordinary current procedure. Local notarization was temporarily allowed during the pandemic, but PSA Memorandum Circular No. 2023-16 extended that arrangement only until October 31, 2023. Use the U.S. consular affidavit process unless the local civil registrar identifies a later written rule authorizing local notarization.

Does the U.S. Embassy certify that I am single?

No. The U.S. government does not maintain a complete nationwide record of every citizen’s marriages and divorces. The consular officer notarizes your sworn statement but does not guarantee your marital status.

Do I need a CENOMAR from the United States?

There is no nationwide U.S. equivalent of the Philippine PSA CENOMAR. The affidavit addresses this practical limitation. A registrar may still request searches or civil-status records for particular states or a PSA search to determine whether the applicant has a marriage recorded in the Philippines.

How long is the affidavit valid?

Neither Article 21 nor the standard affidavit establishes one universal validity period. Local civil registrars may apply administrative freshness requirements. Obtain the affidavit reasonably close to the marriage-license application and confirm the receiving office’s policy before the appointment.

Can I use an affidavit obtained several years ago?

It may be rejected because marital status can change. A new affidavit also avoids problems caused by outdated passport numbers, addresses, or forms.

Do I need an apostilled U.S. birth certificate?

Not every local civil registrar applies the same checklist. Some accept the passport together with the consular affidavit, while others request a certified and apostilled birth certificate. Confirm this before ordering documents from the United States.

I divorced a Filipino. Do I need Philippine judicial recognition before I remarry?

The American’s capacity may arise from the valid foreign divorce under the applicable U.S. law. The Filipino former spouse normally needs Philippine judicial recognition to remarry and annotate the PSA record. Because the prior marriage may still appear unannotated in Philippine records, the American should obtain written guidance from the receiving civil registrar and prepare the apostilled divorce decree and supporting records.

Can two U.S. citizens marry in the Philippines?

Yes, provided both meet Philippine marriage requirements and each submits the legal-capacity document required by Article 21. Both will ordinarily need separate affidavits and separate sworn marriage-license applications.

Can a same-sex U.S. couple use these affidavits to marry in the Philippines?

The affidavits do not override Philippine rules on who may marry. Article 1 of the Family Code presently defines marriage as a special contract between a man and a woman. A foreign marriage presents a separate recognition question, but a Philippine local civil registrar does not currently issue a marriage license for a same-sex marriage under the Family Code. (Lawphil)

Can the Embassy perform the wedding?

No. U.S. diplomatic and consular personnel do not solemnize marriages in the Philippines. The ceremony must be performed by a person authorized under Philippine law, such as a qualified judge, religious solemnizing officer, or other official covered by the Family Code. (U.S. Embassy in the Philippines)

Key Takeaways

Article 21 of the Family Code requires a foreign citizen to establish legal capacity before obtaining a Philippine marriage license.
For U.S. citizens, the document is normally an affidavit sworn before a U.S. consular officer because the United States does not issue a nationwide certificate of marital status.
The broad pandemic-era rule allowing Philippine notarization expired after October 31, 2023.
Use the correct Manila or Cebu affidavit, complete it accurately, and sign only before the consular officer.
The current U.S. consular fee is US$50 per notarial seal.
A legal-capacity affidavit does not replace a divorce decree, death certificate, annulment judgment, or other proof terminating a previous marriage.
Ask the local civil registrar for its current written checklist before booking the wedding or ordering apostilles.
After a complete application is accepted, the marriage-license notice must be posted for ten consecutive days.
The marriage license is valid throughout the Philippines for 120 days from issuance.
False statements about marital status can result in rejection of the application and possible criminal liability for perjury or bigamy.