Certificate of Legal Capacity to Marry (CLCM) for Dual Citizens in the Philippines
A comprehensive Philippine‑law guide
1. What Exactly Is a CLCM?
A Certificate of Legal Capacity to Marry (sometimes called Certificate/Affidavit of Eligibility to Marry or Certificate of No Impediment) is a sworn, embassy‑ or consulate‑issued document stating that the applicant is legally free to contract marriage under the laws that govern that person.
In Philippine practice the term has two main uses:
| Context | Purpose |
|---|---|
| Marriage in the Philippines | Local civil registrars require foreign nationals to furnish a CLCM from their own embassy/consulate before a marriage licence can be issued (Family Code art. 21 (f); 2021 PSA‑LCRO Handbook). |
| Marriage abroad by a Filipino/dual citizen | Many foreign jurisdictions insist on a Philippine CLCM (or its modern replacement: an Affidavit in Lieu of CLCM) before issuing a local licence or registering the marriage. |
Because a dual citizen is simultaneously a Filipino and a foreign national, both sets of rules may be triggered.
2. Dual Citizenship under Philippine Law
| Reference | Key Points |
|---|---|
| Republic Act 9225 (Citizenship Retention and Re‑acquisition Act of 2003) | A natural‑born Filipino who lost Philippine citizenship through naturalisation abroad may re‑acquire it by taking an Oath of Allegiance. |
| Existing duals at birth | A child born to one Filipino parent and one foreign parent is a Filipino ipso jure (Art. IV, 1987 Constitution) and simultaneously a citizen of the other parent’s country if that country’s law so provides. |
A dual citizen therefore remains fully subject to the Family Code of the Philippines (Exec. Order No. 209 / 1987, as amended) while also being governed by the personal‑law rules of the second nationality.
3. When Does a Dual Citizen Need a CLCM?
| Scenario | Is CLCM Needed? | Who Issues? |
|---|---|---|
| A. Marrying in the Philippines and presenting the Philippine passport | No. Filipino nationals (including duals) present a PSA‑issued CENOMAR and other licence papers; no CLCM is required of Filipinos. | |
| B. Marrying in the Philippines and presenting the foreign passport | Usually yes. Local civil registrars treat the party as a foreigner and demand a CLCM from the foreign embassy/consulate in Manila. | |
| C. Marrying abroad under local law (lex loci celebrationis) | Often yes. Host countries typically ask Filipinos (including duals) to present a Philippine CLCM or its affidavit substitute. | |
| D. Marrying abroad before a Philippine Embassy or Consulate (Art. 10, Family Code) | Yes. The Post requires both parties to execute affidavits confirming legal capacity; these function as the CLCM. |
Practical tip: decide up front which passport/persona you will use in front of the licensing authority; requirements hinge on that choice.
4. Authority to Issue
Foreign Embassies/Consulates in the Philippines – issue CLCMs for their own nationals (relevant to Scenario B).
Philippine Foreign Service Posts (FSPs) – issue either
- a traditional CLCM, or
- an “Affidavit in Lieu of CLCM” (following DFA Foreign Service Circular No. 21‑10, replacing the older format when the Department briefly stopped issuing CLCMs in 2016).
Local Civil Registrar (LCRO) – does not issue CLCMs but relies on them when issuing a marriage licence.
5. Legal Foundations and Key Rules
| Source | Relevance |
|---|---|
| Family Code of the Philippines (Arts. 2, 3, 5, 9, 10, 21 (f), 26) | Governs marriage formalities, licence requirements, foreign‑marriage recognition, and impediments. |
| R.A. 9225 + its 2003 IRR | Confirms that reacquired Filipinos enjoy full civil and political rights, including the right to marry under Philippine law. |
| Vienna Convention on Consular Relations (1963) | Recognises consular notarial authority to issue certificates for nationals. |
| Hague Apostille Convention (in force for PH 14 May 2019) | Apostille‑stamp replaces DFA “red ribbon” on foreign CLCMs and supporting documents. |
| Local regulations (e.g., LCRO handbook, LGU ordinances) | Fill in procedural details (fees, lead time, documentary formats). |
6. Documentary Requirements (Typical)
| For a Philippine‑issued CLCM / Affidavit | For a Foreign‑issued CLCM (Scenario B) |
|---|---|
| • Duly accomplished application form • Original & photocopy Philippine passport and foreign passport (showing dual status) • PSA birth certificate (recent copy, apostilled) • PSA CENOMAR (issued within 6 months) • Certificate of Dual Citizenship (Identification Certificate + Oath of Allegiance) • If previously married: court decree of annulment/nullity or Philippine court recognition of foreign divorce or PSA death certificate of prior spouse • 2×2 cm colour photos • Personal appearance & consular fee |
• Application form prescribed by foreign embassy • Foreign passport • Proof of Philippine citizenship (if they want to reflect dual status) • PSA documents (birth, CENOMAR) sometimes with sworn translation • Parents’ consent/advice if applicant is 18–25 • Divorce/death/annulment evidence if applicable • Consular fee |
Validity: Most Posts state 6 months from issuance, but many local civil registrars accept up to 1 year if still accompanied by a “fresh” CENOMAR.
7. Step‑by‑Step Process (Philippine‑issued CLCM Abroad)
- Set an appointment with the Philippine Embassy/Consulate with jurisdiction over your place of residence.
- Prepare originals + photocopies of all requirements. Verify if apostille/translation is needed in that country.
- Appear personally; accomplish the sworn affidavit in front of the consular officer.
- Pay the fee (USD 25–35 equivalent is common).
- Receive the CLCM/Affidavit (often same day; some Posts release after 3–5 working days).
- Legalise if demanded by the local civil registry (rare since consular signature may already be accepted).
- Submit to the host country’s marriage‑licensing authority together with other local requirements.
8. After the Marriage
- If the wedding occurred abroad: File a Report of Marriage with the same Philippine Post within 12 months (Family Code art. 23; DFA ROM rules). Late reporting is still possible but incurs an Affidavit of Delayed Registration and penalty.
- If the wedding occurred in the Philippines: The LCRO transmits the marriage certificate to the PSA; the dual citizen may later obtain a PSA‑certified copy, which will show “Fil/‑” or the combination of nationalities as annotated.
9. Common Pitfalls & Practical Advice
| Pitfall | How to Avoid |
|---|---|
| Relying on a foreign divorce that is not yet judicially recognised in the Philippines | Secure Philippine court recognition before applying for CLCM, or you will be treated as still married. |
| Using different names/passports during the licence and ceremony | Ensure consistency (exact spelling, middle names) across all documents to avoid LCRO rejection. |
| Issuance delays at busy Posts (e.g., US East Coast, Riyadh) | Book appointments well in advance; some Posts accept postal applications for renewals or corrections. |
| Local civil registrar ignorance of dual‑citizen status | Bring your Identification Certificate and explain that under R.A. 9225 you are Filipino; thus a foreign CLCM is unnecessary if you present a Philippine passport. |
| Validity lapses (CENOMAR older than 6 months) | Time document procurement carefully; courier PSA documents abroad via DFA apostille first if needed. |
10. Special Topics
- Same‑Sex Marriage – Still not recognised/licensed within Philippine territory; foreign same‑sex marriages are not registrable with the PSA, so the Embassy will not issue a CLCM to facilitate one.
- Proxy or Online Weddings – Article 3 of the Family Code requires personal appearance; Philippine Embassies do not issue CLCMs for proxy marriages.
- Marriages of Persons Aged 18‑21 – Written parental consent is required; ages 22‑25 need parental advice. The Embassy may ask for these documents in original.
- Muslim Filipino Dual Citizens – If marrying abroad under Sharia, some Posts require a Certification from the National Commission on Muslim Filipinos (NCMF) that there is no impediment under the Code of Muslim Personal Laws.
11. Fees & Processing Times (Typical as of 2025)
| Office | Government Fee | Lead Time |
|---|---|---|
| Philippine Embassy, Tokyo | ¥3 000 | 1 working day |
| Philippine Consulate General, Los Angeles | USD 25 | 3–5 working days |
| Embassy of Spain, Manila (for Spanish nationals in PH) | PHP 3 200 | Same day (notarial) + 10‑14 days MFA Madrid authentication |
| Local Civil Registrar, Makati (marriage licence) | PHP 500 + PhP 150 filing fee | 10 calendar days post‑publication |
Figures vary; always verify the latest schedule.
12. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I skip the CLCM if I use my Philippine passport abroad? | Sometimes—if the foreign local registry accepts PSA CENOMAR alone. Many still insist on the Embassy‑issued affidavit. |
| Is the CLCM an alternative to the PSA CENOMAR? | No; embassies generally demand a recent CENOMAR as basis for issuing the CLCM. |
| Does the CLCM expire? | It states no explicit expiry, but licensing officers treat six months–one year as the effective shelf‑life. |
| I already have a CLCM from my prior (cancelled) wedding appointment; can I reuse it? | Only if still within validity and the personal data is unchanged (especially status single). |
| What if my fiancé is also a dual citizen? | Each applicant deals with the authority for whichever citizenship is being used. Sometimes two CLCMs are filed—one for each nationality. |
13. Checklist for Dual Citizens Marrying in the Philippines
Decide which passport to present.
If using Philippine passport:
- PSA Birth Certificate
- PSA CENOMAR (≤ 6 mo.)
- Barangay clearance/valid ID
If using foreign passport:
- Foreign Embassy CLCM (apostilled)
- Passport bio page & visa page copy
- Proof of legal stay (ACR‑I Card/visa)
Attend pre‑marriage counselling (if required by LGU).
Pay fees; licence is issued after a 10‑day posting period.
14. Conclusion
A Certificate of Legal Capacity to Marry is a crucial, often misunderstood piece of paperwork for dual citizens. Whether or not you need one—and from which authority—turns on three factors:
- Where the marriage will be celebrated;
- Which citizenship you invoke in front of the licensing officer; and
- What the host jurisdiction demands as proof of freedom to marry.
Advance planning, precise documentation, and an awareness of both Philippine and foreign rules will keep your wedding timeline on track and your union unquestionably valid in both of your home legal systems.
Disclaimer: This article is for general educational purposes and does not constitute legal advice. Marriage laws and consular procedures change; always confirm current requirements with the relevant embassy, consulate, or local civil registrar, or consult a Philippine‑qualified lawyer.