Yes—but only in specific situations. Article 21 of the Philippine Family Code normally requires a foreign national to present a Certificate of Legal Capacity to Contract Marriage issued by the foreigner’s embassy or consulate before a Philippine marriage license can be issued. An affidavit may replace that certificate when the applicant is stateless or a refugee, or when an officially recognized embassy and Philippine Statistics Authority procedure uses a consular affidavit, affirmation, or statement in lieu of a certificate. A privately prepared affidavit notarized by an ordinary Philippine notary is not a universal substitute.

This distinction matters because some online advice still refers to temporary COVID-era procedures that allowed locally notarized affidavits for certain nationalities. The PSA ended that temporary arrangement on October 31, 2023. Couples should now follow the current procedure for the foreign applicant’s nationality and confirm it with the exact Local Civil Registry Office where they will apply.

The Legal Rule Under Article 21 of the Family Code

Article 21 of the Family Code provides that when either or both applicants are foreign citizens, they must submit a certificate of legal capacity issued by their respective diplomatic or consular officials before obtaining a Philippine marriage license.

The same article creates an express exception for:

Stateless persons; and
Refugees from other countries.

A stateless person or refugee may submit an affidavit explaining the circumstances showing that the person has legal capacity to marry.

For other foreign nationals, whether an affidavit is acceptable depends on whether it forms part of an official procedure recognized by the foreign applicant’s embassy, the PSA, and the receiving Local Civil Registrar. (Lawphil)

Applicant’s situation	Can an affidavit be used?	What is normally required
Stateless person or refugee	Yes	Affidavit stating the circumstances establishing capacity to marry, plus proof of status and identity
National whose embassy officially uses an affidavit or affirmation	Usually	Embassy-prescribed form signed or sworn before the designated consular official
National whose government issues a CNI or legal-capacity certificate	Generally not as a substitute	The official certificate or CNI required by that country’s procedure
Applicant with only a self-written, locally notarized affidavit	Usually no	A compliant consular document or another alternative specifically recognized by the PSA and LCR
Applicant following an embassy procedure that includes local notarization	Possibly	The complete embassy package, not merely the locally notarized declaration

The Supreme Court has also emphasized that Article 21’s documentary requirement should not be treated casually. In Office of the Court Administrator v. Tormis, the Court questioned the propriety of proceeding with foreign-national marriages where the appropriate legal-capacity documents had not been properly examined. The case illustrates why a generic affidavit should not automatically be treated as equivalent to a consular certificate. (Supreme Court E-Library)

What “Legal Capacity to Marry” Actually Means

Legal capacity is broader than simply saying, “I am single.”

The document is intended to show that, under the law applicable to the foreign applicant, the person is legally qualified to marry. Depending on the applicant’s national law and circumstances, this may involve confirming that the person:

Has reached the minimum marriageable age;
Is not presently married to another person;
Has a final and legally effective divorce, annulment, or dissolution of any previous marriage;
Is not prohibited from marrying the intended spouse because of their relationship;
Has any consent or authorization required under the applicant’s national law; and
Is otherwise free from a legal impediment to marriage.

An affidavit is principally the applicant’s sworn declaration. A certificate issued by a government or diplomatic post may carry a different legal meaning because the issuing authority may be confirming what its records or national law establish.

This is why a foreign “single-status certificate,” civil registry search, certificate of no marriage record, and certificate of legal capacity are not automatically interchangeable.

For Filipino citizens, Article 15 of the Civil Code provides that Philippine laws concerning family rights, status, condition, and legal capacity remain binding even when the Filipino is abroad. A Filipino applicant must therefore satisfy Philippine rules on age, prior marriage, prohibited relationships, and other impediments.

When an Affidavit in Lieu May Be Accepted

Stateless persons and refugees

This is the clearest case because the affidavit alternative appears directly in Article 21.

The affidavit should ordinarily explain:

The applicant’s identity and date of birth;
The applicant’s stateless or refugee status;
Why no national embassy can issue a legal-capacity certificate;
The applicant’s present civil status;
Details of any previous marriage and how it ended;
The absence of any existing legal impediment; and
The documents supporting these statements.

The Local Civil Registrar may still require proof of refugee or stateless status, travel documents, identification, prior-marriage records, and other supporting evidence. The affidavit is not a substitute for proof of identity or proof that an earlier marriage has legally ended.

Foreign nationals whose embassies use a consular affidavit

Some governments do not maintain a central marriage registry or do not issue a document called a “Certificate of Legal Capacity to Marry.” Their embassy may instead provide or notarize an affidavit, affirmation, statutory declaration, or official statement.

What makes the document potentially acceptable is not merely the word “affidavit.” It is the fact that the document is:

In the form prescribed or recognized by the foreign government;
Executed through the designated diplomatic or consular procedure; and
Accepted by the PSA and the receiving Philippine Local Civil Registrar.

Country-Specific Examples

Procedures differ by nationality and can change when embassies alter their services or the PSA issues a new memorandum circular. The following examples show why couples should not rely on one generic affidavit template.

Nationality	Common current document or procedure	Important practical point
United States	Legal Capacity to Marry Affidavit processed through U.S. Embassy notarial services	Use the embassy’s current form and procedure for Manila or Cebu; do not assume an ordinary Philippine notarization is sufficient
United Kingdom	Apostilled CNI for certain UK residents; embassy affidavit or affirmation for qualifying British nationals residing outside the UK	The correct route depends on where the British applicant resides
Canada	Embassy-issued Statement in Lieu of Certificate of Non-Impediment, supported by a statutory declaration	The locally notarized declaration alone is not the complete embassy document
Australia	Certificate of No Impediment to Marriage, or CNI	The former pandemic-era locally notarized affidavit procedure should not be relied upon
Singapore	Embassy Letter of Civil Marriage Record plus an affidavit or certification from Singapore diplomatic or consular officials	The civil marriage record letter by itself does not establish legal capacity

United States

The U.S. Embassy’s notarial-services page provides Legal Capacity to Marry Affidavit forms for use in Manila and Cebu. Because the United States does not generally issue a centralized certificate conclusively declaring a person free to marry, the American applicant ordinarily makes a sworn statement through the embassy’s prescribed process.

The applicant should use the current embassy form, follow the appointment instructions, and confirm in advance that the receiving LCR will accept the resulting document.

United Kingdom

PSA Memorandum Circular No. 2023-23 distinguishes between different categories of British applicants:

A British national residing in the United Kingdom and marrying in the Philippines generally presents an apostilled Certificate of No Impediment from the appropriate UK local register office.
A British national residing in the Philippines or elsewhere outside the United Kingdom generally executes an Affidavit or Affirmation of Freedom to Marry before the British Embassy in Manila.

The current forms are available through the UK government’s Philippine marriage affidavit and affirmation page. The form should ordinarily be completed but not signed until the consular appointment.

Canada

Canada does not issue a conventional certificate of non-impediment because it has no central national marriage registry. The Canadian Embassy can instead prepare a Statement in Lieu of Certificate of Non-Impediment to Marriage Abroad.

The applicant normally completes a statutory declaration, has the signature witnessed as instructed, and submits it with proof of citizenship and any divorce or death documents. The embassy then attaches or binds the declaration to its official statement.

The Canadian government warns that some Philippine civil registrars may not accept the statement, so obtaining confirmation from the LCR before paying fees or arranging delivery is particularly important. The embassy currently states that processing may take up to ten business days, excluding delivery time. (Global Affairs Canada)

Australia

The Australian Embassy’s current guidance directs Australian applicants toward a Certificate of No Impediment to Marriage. Applicants commonly need a current passport and documents concerning any previous divorce, annulment, or deceased spouse.

The embassy also advises applicants to ask their Philippine LCR whether the CNI must be issued by the Australian Embassy in Manila or whether a CNI obtained in Australia will be accepted. Philippine authorities commonly expect a recent CNI, often one issued within the preceding six months, although Article 21 itself does not create a universal six-month validity period. (Australian Embassy in the Philippines)

Singapore

Under PSA Memorandum Circular No. 2024-16, a Singapore citizen may need both:

A Letter of Civil Marriage Record issued through the Singapore Embassy; and
An affidavit or certification issued by Singapore diplomatic or consular officials stating that the applicant is eligible to marry and has no legal impediment.

The Letter of Civil Marriage Record is a factual record search. Standing alone, it does not necessarily certify legal capacity.

How to Use an Affidavit or Equivalent Document for a Marriage License

Identify the correct Local Civil Registry Office. Under Article 9 of the Family Code, the marriage license is issued by the LCR of the city or municipality where either applicant habitually resides. Do not choose an LCR solely because its requirements appear easier if neither applicant genuinely resides there.
Request the LCR’s foreign-national checklist. Ask for the exact title, issuer, form, and validity period of the document it will accept for the foreign applicant’s nationality. A written checklist or email is more useful than an informal verbal answer.
Contact the foreign applicant’s embassy or consulate. Use the embassy’s official website. Confirm whether it issues a certificate, CNI, affidavit, affirmation, or statement in lieu, and whether an appointment is required.
Collect civil-status documents. A previously married applicant may need a final divorce decree, decree of annulment, former spouse’s death certificate, proof of finality, or an annotated marriage record.
Arrange any apostille and translation. Foreign-issued divorce decrees, death certificates, birth records, and CNIs may need an apostille or other authentication. Documents not in English or Filipino may need an official English translation. Requirements depend on the issuing country, embassy procedure, and LCR.
Do not sign prematurely. When the embassy form must be sworn before a consular officer, the applicant should not sign it beforehand. Signing in front of an ordinary notary when the form requires consular execution can make the document unusable.
Submit the marriage-license applications personally. Article 11 requires each party to file a separate sworn application. Many LGUs permit online pre-filing, but both applicants are still ordinarily required to appear personally with the original documents.
Complete counseling or family-planning requirements. Applicants aged 18 to 20 require parental consent. Those aged 21 to 25 must seek parental advice. Marriage counseling is required in the situations covered by Articles 14 to 16, and LGUs may conduct additional responsible-parenthood or family-planning sessions.
Allow for the ten-day posting period. Article 17 requires the marriage-license notice to be posted for ten consecutive days. The license may be issued after that period, commonly on or after the eleventh day.
Use the license before it expires. A marriage license is valid throughout the Philippines for 120 days from issuance. It is automatically cancelled if not used within that period. (Lawphil)

Documents Commonly Required

Exact requirements vary by LGU, but couples should normally prepare the following:

Filipino applicant	Foreign applicant
PSA birth certificate	Valid passport and passport bio page
PSA CENOMAR or Advisory on Marriages	Latest Philippine arrival or immigration record
Government-issued identification	ACR I-Card or visa-extension record, if applicable
Proof of habitual residence	Embassy or consular legal-capacity document
Parental consent if aged 18–20	Birth or citizenship record, when required
Parental advice if aged 21–25	Final divorce or annulment decree, if previously married
Counseling certificate when required	Death certificate of former spouse, if widowed
Annotated marriage certificate and court documents if previously married	Apostille, authentication, or certified translation when required

A PSA CENOMAR is routinely requested from Filipino applicants and sometimes from foreign applicants with Philippine civil records. However, a CENOMAR only reports whether the PSA database contains a Philippine marriage record under the searched identity. It does not establish a foreign citizen’s capacity under that person’s national law and does not replace Article 21’s consular requirement. (Philippine Statistics Authority)

Current LGU checklists illustrate the additional documents that may be imposed in practice. For example, Quezon City requires foreign applicants to present passport and arrival information, legal-capacity documentation, and prior-marriage records where applicable, while also requiring both applicants’ personal appearance. These local requirements should be treated as examples, not as a nationwide checklist. (Quezon City Government)

Timelines, Fees, and Validity

Stage	Typical consideration
LCR document pre-check	May take one visit or several days, depending on the LGU
Embassy appointment	Availability can add days or weeks
Embassy processing	Country-specific; Canada currently indicates up to ten business days, excluding delivery
Apostille or translation	Variable; allow additional time for overseas records
Public posting	Ten consecutive days under Article 17
Release of marriage license	After completion of posting, commonly on or after the eleventh day
Marriage-license validity	120 days from issuance
Legal-capacity document validity	No single nationwide period; many offices expect a document issued within six months

There is no single national package price. Couples may separately pay:

The LCR’s prescribed application and filing fees;
Embassy or consular fees;
Notarial fees where properly required;
Apostille, authentication, courier, and translation expenses; and
Local counseling or seminar charges authorized by the LGU.

Article 19 provides that only fees prescribed by law or regulation may be collected for the marriage license. The license must be issued without charge to applicants who qualify as indigent and establish that status by affidavit or oath.

Common Reasons an Affidavit Is Rejected

It was notarized by the wrong person

A Philippine notary’s seal does not transform a private affidavit into a document issued by the foreigner’s diplomatic or consular official. Local notarization works only when it is part of the embassy’s official procedure, as in Canada’s document package.

The couple relied on an expired pandemic procedure

Temporary PSA rules once allowed locally notarized affidavits for citizens of the United States, United Kingdom, Canada, and Australia because embassy services were restricted. PSA Memorandum Circular No. 2023-16 extended that temporary accommodation only until October 31, 2023.

The document proves only that no record was found

A registry-search result may say that no marriage appears in a database. It may not confirm the applicant’s age, the legal effect of a foreign divorce, or whether another legal prohibition applies.

The document is too old

Even when the Family Code does not state a fixed validity period for the consular document, an embassy or LCR may require a recently issued CNI, affidavit, or statement. Six months is common, but couples should verify the actual local rule.

A previous divorce is not final or adequately proved

A divorce decree should ordinarily be final and effective under the relevant foreign law. The LCR or embassy may require proof of finality, an apostille, and a translation.

Where a Filipino relies on a foreign divorce to regain capacity to marry, recognition of the foreign judgment by a Philippine court and annotation of the PSA record are commonly required. In Republic v. Manalo, the Supreme Court held that Article 26 may benefit the Filipino spouse even when the Filipino initiated the foreign divorce, provided the divorce is valid and capacitates the foreign spouse to remarry. (Lawphil)

Names or civil-status details do not match

Differences involving middle names, married surnames, transliteration, dates of birth, or passport names can cause delays. Prepare supporting records explaining every material discrepancy before filing.

The couple assumes the wedding venue has cleared the legal requirements

A church, resort, planner, or solemnizing officer may provide a checklist, but the LCR controls the marriage-license application. Venue approval does not cure an unacceptable Article 21 document.

What to Do If the Local Civil Registrar Rejects the Affidavit

Ask the LCR to identify the precise deficiency:

Is the wrong form being used?
Was it signed before the wrong officer?
Is an embassy seal or official statement missing?
Does the LCR require a CNI instead?
Is an apostille or translation required?
Is the document considered stale?
Is there a PSA circular specific to the applicant’s nationality?

Present the relevant embassy guidance and PSA memorandum circular rather than relying on screenshots from social media or advice given to another couple.

When the embassy and LCR give conflicting instructions, the LCR may seek guidance from the PSA Provincial Statistical Office or the PSA Civil Registration Service. The current PSA Memorandum Circulars database should also be checked for nationality-specific formats, authorized embassy signatories, and later amendments. The PSA’s published circular list included additional legal-capacity and embassy-signatory issuances through 2025 and 2026, showing why older checklists may no longer be reliable. (Philippine Statistics Authority)

Using a fixer, misstating residence, or submitting a false affidavit can create more serious problems than an ordinary delay.

Does an Invalid Affidavit Automatically Invalidate the Marriage?

Not every documentary defect has the same legal consequence.

Article 35(3) of the Family Code provides that a marriage solemnized without a marriage license is void from the beginning unless it falls within one of the narrow license-exempt categories in Articles 27 to 34.

A problem with a supporting document is not automatically identical to the complete absence of a marriage license. Its legal effect may depend on whether:

A genuine license was actually issued;
The problem was only a procedural irregularity;
The supposed license was fabricated, expired, or legally nonexistent;
The foreign applicant actually lacked capacity to marry; or
A subsisting previous marriage or another substantive impediment existed.

A false affidavit cannot create legal capacity where none exists. Knowingly making a false material statement under oath may expose the affiant to liability for perjury under Article 183 of the Revised Penal Code. Contracting another marriage while a prior marriage legally subsists may also result in prosecution for bigamy under Article 349, apart from the civil consequences for the marriage. (Lawphil)

The practical course is to correct the legal-capacity documentation before the wedding rather than depend on later arguments that the defect was harmless.

Frequently Asked Questions

Can an American use an affidavit in lieu of a certificate of legal capacity?

Generally, yes, through the current U.S. Embassy notarial procedure and embassy form. The American applicant should not simply draft an affidavit and have it notarized anywhere. The receiving LCR should confirm that it accepts the completed embassy document.

Can a Philippine notary notarize the affidavit?

A Philippine notary may do so only when the applicable embassy procedure expressly permits or requires local notarization. A locally notarized affidavit by itself is generally not a sufficient replacement for the Article 21 certificate.

Is an affidavit in lieu the same as a PSA CENOMAR?

No. A PSA CENOMAR reports whether the PSA has a Philippine marriage record for the named person. An affidavit in lieu or consular legal-capacity document addresses the foreign applicant’s eligibility under the applicable foreign law and embassy procedure.

Does an affidavit in lieu need an apostille?

It depends on where and how it was executed. An affidavit sworn before a foreign embassy in the Philippines may follow a different verification process from a document issued overseas. A CNI, divorce decree, birth certificate, or death certificate issued abroad may require an apostille. The LCR should specify which documents require it.

How long is an affidavit in lieu valid?

Article 21 does not prescribe one universal validity period. Many LCRs and embassies expect a legal-capacity document issued within the preceding six months. The marriage license itself is valid for exactly 120 days from issuance.

Can the Filipino partner obtain the foreigner’s affidavit for them?

No. Because it is the foreign applicant’s sworn declaration, the foreign applicant must personally sign it before the official required by the applicable embassy procedure.

Can the marriage-license application be completed online?

Some LGUs allow online registration, document uploading, or appointment booking. The sworn applications, original documents, counseling requirements, and personal appearance ordinarily must still be completed through the LCR.

What if the foreign applicant was previously divorced?

The applicant should present the final divorce decree and any proof of finality, apostille, or translation required by the embassy and LCR. If a Filipino applicant is relying on a foreign divorce to remarry, Philippine judicial recognition and PSA annotation may also be necessary.

Can the couple use the five-year cohabitation exception instead?

Only when all requirements of Article 34 genuinely exist. The parties must have lived together as spouses for at least five years and have no legal impediment to marry each other. A fabricated cohabitation affidavit cannot be used merely to avoid Article 21 or the marriage-license process.

Key Takeaways

Article 21 normally requires a foreign applicant to submit a consular or diplomatic Certificate of Legal Capacity to Contract Marriage.
Stateless persons and refugees may expressly use an affidavit showing their capacity to marry.
Other foreign nationals may use an affidavit, affirmation, or statement only when it is part of an officially recognized embassy and PSA procedure.
A self-written affidavit notarized by an ordinary Philippine notary is generally not enough.
The temporary COVID-era acceptance of locally notarized affidavits for certain nationalities ended on October 31, 2023.
Requirements differ by nationality and LGU, so the exact document should be confirmed with the receiving Local Civil Registrar before it is obtained.
The marriage-license notice must be posted for ten consecutive days, and the issued license remains valid throughout the Philippines for 120 days.
An affidavit cannot cure a subsisting marriage, an ineffective divorce, or another genuine legal impediment.