1) Quick orientation: what these documents are—and why people confuse them

In Philippine practice, people often use “affidavit of freedom to marry,” “certificate of legal capacity,” “certificate of no marriage,” “CENOMAR,” “single status certificate,” and similar phrases as if they were interchangeable. They are not.

Two broad “document families” sit behind the confusion:

Philippine civil registry status documents (e.g., PSA-issued documents) that reflect what Philippine records show about a person’s marital status.
Sworn statements and consular certificates used to satisfy either Philippine Local Civil Registrar (LCR) requirements or foreign government requirements when a person is marrying abroad or when a foreign national is marrying in the Philippines.

This article focuses on the two most commonly mixed-up instruments:

Affidavit of Freedom to Marry (a sworn statement, typically executed before a notary public or consular officer); and
Certificate of Legal Capacity to Contract Marriage (in Philippine usage, this phrase most commonly comes up in relation to a foreign national marrying in the Philippines, or in foreign jurisdictions that demand a “legal capacity” certificate from the person’s country of nationality).

2) The legal baseline in the Philippines: capacity to marry and documentary proof

Philippine marriage rules are primarily grounded in the Family Code, and the administrative processing is handled by the Local Civil Registrar where the marriage license is applied for.

At a high level, “capacity” means the parties are legally allowed to marry each other—i.e., they have:

no subsisting marriage (if previously married, that marriage must have been legally dissolved or declared void/annulled with appropriate recognition/registration);
no disqualifying relationship (e.g., certain degrees of consanguinity/affinity);
proper age and consent (including parental consent/advice where applicable);
and they are not otherwise disqualified under Philippine law.

Documentary requirements are the administrative tools used to reduce the risk of:

bigamy or sham marriages,
identity fraud,
or marriages that are void/voidable.

Where the parties include a foreign national, Philippine authorities will often require proof of that foreign national’s capacity under his/her national law.

3) What is an Affidavit of Freedom to Marry?

A. Nature

An Affidavit of Freedom to Marry is a sworn statement by a person declaring that:

they are single, or
they are legally free to marry (e.g., divorced, widowed, with a prior marriage declared void/annulled, as applicable), and usually that there is no legal impediment to the intended marriage.

It is not a Philippine civil registry “certificate” by itself. It is evidence—often supporting evidence—whose weight depends on context and on what other records show.

B. Typical uses (Philippine context)

Affidavits of freedom to marry commonly appear in these scenarios:

A Filipino is asked by a foreign authority to prove single status and the foreign authority accepts a sworn affidavit (sometimes called “single status affidavit”).
Supplemental requirement when other records are incomplete, or when an LCR or foreign authority asks for additional sworn declarations (e.g., regarding identity, prior marital history, or inability to secure certain foreign documents).
Special circumstances where a document is needed urgently, or where the receiving authority is specifically asking for an affidavit format.

C. Common contents

While formats vary, a careful affidavit often includes:

full name, nationality/citizenship, date/place of birth;
current address;
parents’ names (sometimes requested by foreign authorities);
a clear statement of current civil status;
details of any prior marriage(s), including dates and how it ended (death, divorce, annulment, declaration of nullity), plus reference to supporting documents;
name of intended spouse and intended place/date of marriage (sometimes included);
statement that affiant is executing the affidavit for a stated lawful purpose;
jurat and notarial details.

D. Limits

An affidavit:

does not “create” single status; it only asserts it under oath.
may be rejected if the receiving authority requires an official civil registry document or a consular certificate.
can expose the affiant to criminal and civil liability if false (perjury and related offenses, plus possible immigration/marriage-related consequences).

4) What is a Certificate of Legal Capacity to Contract Marriage?

A. What people mean in practice

In a Philippine marriage setting, “Certificate of Legal Capacity to Contract Marriage” usually refers to a document presented by a foreign national to the Philippine LCR to show that, under the foreign national’s law, they are free to marry.

This is the practical policy: the Philippines wants assurance the foreign national is not violating his/her own national law on marriage capacity and that there is no existing marriage.

B. Who typically issues it

Depending on the foreign country, it may be issued by:

the embassy/consulate of the foreign national in the Philippines,
a civil registry authority in the foreign national’s home country,
or another competent national agency.

Some embassies issue a formal “legal capacity” certificate; others issue a different document name that serves the same function. In some cases, the embassy refuses to issue such certificates and instead provides guidance or alternative forms.

C. What it usually certifies

A legal capacity certificate typically states that:

based on presented records and/or sworn declarations, the foreign national is legally free to marry;
there is no known impediment under the law of the foreign national.

D. Not the same as a Philippine “marriage license” requirement for two Filipinos

Two Filipinos marrying in the Philippines generally do not need a “certificate of legal capacity.” The process is driven by Philippine civil registry documents and Family Code requirements.

5) Affidavit vs Certificate: key differences that matter

A. Form and authority

Affidavit of Freedom to Marry: a sworn declaration by the individual; notarized/consularized.
Certificate of Legal Capacity: an official statement by a government authority (often consular or civil registry authority) attesting to legal capacity.

B. Typical audience

Affidavit: used where the recipient accepts sworn statements, often abroad or as a supporting document.
Certificate: used where the recipient demands an official certificate from a competent authority, often for a foreign national marrying in the Philippines.

C. Evidentiary weight

Affidavit: evidentiary value depends on credibility and supporting documents; easier to challenge.
Certificate: typically carries higher administrative weight because it is issued by a governmental authority.

D. Substitute relationships

They are not universal substitutes for one another. Some authorities accept an affidavit when a certificate is not available; others strictly require the certificate.

6) Where PSA documents fit: CENOMAR and related records

While your topic is affidavit vs legal capacity, Philippine reality almost always involves PSA-issued civil registry records.

A. CENOMAR (Certificate of No Marriage Record)

A CENOMAR is commonly requested as evidence that PSA records show no marriage record for the person. It is frequently used for:

marriage license applications within the Philippines (depending on LCR practice),
visa/immigration requirements,
foreign marriage documentation (depending on the foreign authority).

B. Advisory on Marriages / Marriage Certificate

If there is a recorded marriage, PSA records will show it and the person will need the relevant PSA-issued document(s).

C. Important nuance

A “no record” result does not always equal “never married,” and a “record exists” result does not always equal “valid marriage” (e.g., issues of void marriages, foreign divorces, delayed registrations, annotation requirements). That’s why LCRs and foreign authorities often require multiple documents and/or annotations.

7) Common marriage scenarios and the document that usually matters

Scenario 1: Two Filipinos marrying in the Philippines

Commonly required core documents (vary by LCR):

PSA birth certificate(s);
proof of identity;
if previously married: PSA marriage certificate with annotation and/or court documents, or PSA death certificate of former spouse, as applicable;
seminar/counseling requirements depending on age/status.

An affidavit of freedom to marry is not typically the primary document if a person is simply single and has standard PSA records. It can appear as a supplemental requirement in unusual cases.

Scenario 2: Filipino marrying a foreign national in the Philippines

This is where Certificate of Legal Capacity usually appears.

Typically:

Filipino party: PSA birth certificate and other standard requirements.
Foreign national party: passport, and certificate of legal capacity (or the foreign equivalent required/accepted by the LCR), plus other embassy/LCR requirements.

Some LCRs accept only specific forms; practices can differ.

Scenario 3: Filipino marrying abroad (civil marriage in another country)

Foreign authorities often require:

proof of identity,
proof of single status or capacity to marry.

Depending on the country, they may accept:

PSA CENOMAR,
PSA birth certificate,
Affidavit of Freedom to Marry (sometimes),
or consular authentication/apostille rules of the receiving country.

Scenario 4: Previously married person marrying again (Philippine context)

Here, the decisive issue is how the prior marriage ended and whether the termination/voiding is properly recorded/annotated in Philippine civil registry records.

Common documentary needs:

Widowed: death certificate of spouse (PSA if registered).
Annulled/declared void in the Philippines: final court decision, certificate of finality, decree, and PSA marriage certificate with annotation (registration requirements apply).
Divorced abroad: for Filipinos, the ability to remarry typically depends on the specific legal pathway available, and recognition/recording issues can be pivotal; documentation tends to be more complex.

In these cases, an affidavit is almost never enough on its own.

8) Practical processing notes in the Philippines

A. Local Civil Registrar discretion and variation

While governed by national law and civil registry rules, LCR offices can differ in:

checklists,
document formatting preferences,
strictness on embassy-issued certificates vs alternatives,
translation and authentication expectations for foreign documents.

B. Foreign documents: authentication, apostille, and translation

Foreign-issued civil registry documents may need:

apostille/authentication depending on the document’s origin and the receiving authority’s rules,
certified translation when not in English/Filipino,
and sometimes consular verification.

C. Name discrepancies and clerical issues

If there are discrepancies in:

spelling, date of birth, parent names,
or recorded civil status, these can trigger additional requirements (supplemental affidavits, petitions/corrections, or annotated records).

9) Drafting and compliance cautions

A. For affidavits

Because affidavits are statements under oath, they must be drafted carefully:

do not overstate (“never married anywhere in the world”) unless you can support it;
identify exactly what records you rely on (e.g., “to the best of my knowledge and based on records available to me” is sometimes used, but note that some authorities dislike qualifiers);
attach supporting documents where appropriate (CENOMAR, divorce decree, death certificate, annotated PSA record, etc.).

False affidavits can lead to:

criminal exposure,
denial of visas/immigration benefits,
and potential nullity of marriage or related proceedings.

B. For legal capacity certificates

Because this document is country-specific:

follow the issuing embassy’s process strictly (appointment systems, required evidence, fees, translations).
confirm the LCR’s acceptance criteria early (some require that the certificate be issued within a specific recency window).

10) Typical pitfalls and how to avoid them

Assuming an affidavit can replace an embassy certificate. Many LCRs require a foreign national’s legal capacity certificate and won’t accept a private affidavit as a substitute.
Assuming a CENOMAR is always sufficient proof of being single. Some foreign authorities want a consular certificate or additional steps (apostille/legalization, translations, or sworn statements).
Overlooking annotations/registrations after annulment/nullity/recognition processes. The “paper reality” in the PSA record often determines whether the LCR will process a new marriage license.
Using inconsistent names across documents. Even minor discrepancies can trigger delay.
Late discovery that a foreign embassy does not issue “legal capacity” certificates. Some embassies issue different instruments or require affidavits instead; requirements are highly jurisdiction-dependent.

11) Bottom line: choosing the right document

Use an Affidavit of Freedom to Marry when the receiving authority accepts a sworn statement, typically as supporting proof of single status or capacity—often for foreign marriage requirements or special circumstances.
Use a Certificate of Legal Capacity to Contract Marriage (or the foreign equivalent) when the receiving authority requires an official governmental attestation, most commonly for a foreign national marrying in the Philippines.
In Philippine processing, always consider how PSA civil registry records (birth, marriage, death, annotations) fit into the story; affidavits and certificates usually supplement, rather than replace, what the civil registry shows.