CENOMAR Requirements for Foreigners Applying for Marriage License

Introduction

In the Philippines, marriage is governed by the Family Code of the Philippines (Executive Order No. 209, as amended), which establishes the legal framework for contracting marriage, including the issuance of a marriage license. A key document in this process is the Certificate of No Marriage (CENOMAR), which serves as proof that an individual has no prior marriage recorded in the Philippine civil registry. While CENOMAR is primarily required for Filipino citizens, foreigners intending to marry in the Philippines must navigate similar but distinct requirements to demonstrate their legal capacity to marry. This article provides a comprehensive overview of CENOMAR-related obligations for foreigners, including equivalents, procedures, legal bases, potential challenges, and related considerations, all within the Philippine legal context.

The requirement stems from the need to ensure that no legal impediments exist to the marriage, such as bigamy or existing marital bonds. For foreigners, the focus shifts from a Philippine-issued CENOMAR to documentation from their home country or embassy, adapted to Philippine civil registry standards. Failure to comply can result in the denial of a marriage license or invalidation of the marriage.

Legal Basis

The Family Code of the Philippines, particularly Articles 2 to 35, outlines the essential and formal requisites for a valid marriage. Article 21 specifically addresses marriages involving foreigners, requiring them to submit a certificate of legal capacity to contract marriage issued by their diplomatic or consular officials in the Philippines. This is supplemented by Republic Act No. 3753 (Civil Registry Law) and Republic Act No. 10625 (Philippine Statistical Act of 2013), which empower the Philippine Statistics Authority (PSA) to manage civil registry documents, including CENOMAR.

Administrative Order No. 1, Series of 2007, from the Office of the Civil Registrar General (OCRG) further details the implementation of these requirements. For foreigners, the equivalent to CENOMAR is often the Certificate of Legal Capacity to Contract Marriage (CLCCM), which implicitly certifies no existing marriage or other impediments under the foreigner's national law. This aligns with the principle of comity in international law, where the Philippines respects foreign certifications while ensuring compliance with domestic rules.

In cases where a foreigner has a prior marriage or civil status change registered in the Philippines (e.g., due to long-term residency), a CENOMAR from the PSA may be required in addition to the CLCCM. This is rare but possible under the Civil Registry Law, which mandates registration of vital events involving residents.

What is CENOMAR and Its Role in Marriage Applications

CENOMAR is a certification issued by the PSA confirming that no marriage record exists for an individual in the National Indices of Marriages. It is valid for six months from issuance and is a prerequisite for obtaining a marriage license under Article 11 of the Family Code. For Filipino applicants, it is non-negotiable to prevent bigamy, punishable under Article 349 of the Revised Penal Code.

For foreigners, a direct CENOMAR is not typically issued because the PSA's database primarily covers events registered in the Philippines. Instead, foreigners must provide analogous proof of single status or legal capacity. However, if a foreigner has previously married or divorced in the Philippines, or if their civil status is recorded locally (e.g., through annotation of foreign documents), the local civil registrar may request a CENOMAR to cross-verify records.

Specific Requirements for Foreigners

Foreigners applying for a marriage license in the Philippines must comply with the following CENOMAR-equivalent requirements:

1. Certificate of Legal Capacity to Contract Marriage (CLCCM):

   • This is the primary document replacing CENOMAR for foreigners.
   • Issued by the foreigner's embassy or consulate in the Philippines.
   • Certifies that the foreigner is legally free to marry under their national laws, including no existing marriage.
   • Requirements for obtaining CLCCM vary by country but generally include:
     • Valid passport.
     • Birth certificate.
     • Affidavit of single status or equivalent from the home country (e.g., Certificate of No Impediment to Marriage from countries like the UK or Australia).
     • Divorce decree or death certificate if previously married/widowed.
     • Parental consent/advice if under the age of consent in their home country.
   • The CLCCM must be sworn before a Philippine consular officer if issued abroad, or directly by the embassy in Manila.
   • For stateless persons or refugees, the United Nations High Commissioner for Refugees (UNHCR) or equivalent may issue a similar certification.

2. Affidavit in Lieu of CLCCM:

   • If the foreigner's country does not issue CLCCM (e.g., some nations without diplomatic presence in the Philippines), an affidavit executed before a Philippine consul or notary public may suffice.
   • This affidavit must state the foreigner's civil status, nationality, and legal capacity to marry, supported by documents like a foreign-issued certificate of no marriage.
   • It requires authentication by the Department of Foreign Affairs (DFA) via apostille or consular legalization, depending on whether the country is a party to the Apostille Convention.

3. Additional Documentation if CENOMAR is Applicable:

   • If the foreigner has resided in the Philippines for over six months or has prior civil registry entries (e.g., previous marriage to a Filipino), a CENOMAR from PSA may be required.
   • To obtain this, the foreigner must submit:
     • Application form (PSA Form No. 3).
     • Valid ID (passport).
     • Proof of Philippine residency or prior registration.
     • Payment of fees (approximately PHP 210 for standard processing).
   • Processing time: 2-3 working days for walk-in, longer for online requests via PSAHelpline.ph.

4. Other Supporting Documents for Marriage License:

   • While not directly CENOMAR-related, these complement the process:
     • Valid passport and visa (tourist visas are acceptable, but overstaying invalidates applications).
     • Birth certificate (authenticated if foreign-issued).
     • Parental consent (if aged 18-21) or advice (if 22-25), applicable under Philippine law regardless of nationality.
     • Pre-marriage counseling certificate from the local government unit (LGU).
     • If widowed or divorced, death certificate or absolute divorce decree (note: Philippines does not recognize absolute divorce for Filipinos, but does for foreigners if valid under their national law).

Procedure for Application

The process for foreigners involves the following steps:

1. Gather Documents: Secure CLCCM or equivalent from the embassy. If needed, apply for CENOMAR at PSA outlets or online.

2. Apply at Local Civil Registrar (LCR): Submit documents to the LCR of the municipality/city where the marriage will occur. Both parties must appear personally.

3. 10-Day Posting Period: The LCR posts a notice of application for 10 consecutive days to allow objections.

4. Issuance of License: If no impediments, the license is issued, valid for 120 days.

5. Solemnization: Marriage must be performed by an authorized solemnizing officer (e.g., judge, priest).

For mixed marriages (foreigner and Filipino), the Filipino partner must provide their own CENOMAR, ensuring no cross-impediments.

Potential Challenges and Exceptions

• Delays in Issuance: Embassy processing for CLCCM can take weeks; plan accordingly.
• Non-Recognition of Foreign Documents: If not properly authenticated (e.g., via apostille under Republic Act No. 11596), documents may be rejected.
• Bigamy Concerns: If a foreigner has an undisclosed marriage, it could lead to criminal charges under Philippine law if discovered post-marriage.
• Special Cases:
  • Muslim Foreigners: Governed by Presidential Decree No. 1083 (Code of Muslim Personal Laws), which may require additional Shari'a court approvals.
  • Same-Sex Marriages: Not recognized in the Philippines; no marriage license issued.
  • Proxy Marriages: Not allowed; both parties must be present.
  • COVID-19 or Emergency Adaptations: During restrictions, some LGUs allowed virtual submissions, but standard in-person requirements have resumed.
• Annulment/Nullity Implications: If CENOMAR-equivalent is falsified, the marriage may be declared void ab initio under Article 35 of the Family Code.

Fees and Costs

• CLCCM: Varies by embassy (e.g., USD 25-100).
• CENOMAR (if applicable): PHP 210-500, depending on urgency.
• Marriage License: PHP 100-300 at LCR.
• Authentication/Apostille: PHP 100-200 per document at DFA.

Conclusion

Navigating CENOMAR requirements for foreigners in the Philippine marriage process emphasizes the importance of proving legal capacity to avoid impediments. While foreigners primarily rely on CLCCM rather than a Philippine CENOMAR, understanding overlaps with local registry rules is crucial for compliance. Prospective couples should consult the LCR or a family law attorney to address specific circumstances, ensuring a valid and legally sound union. This framework upholds the sanctity of marriage while accommodating international participants.