Do Dual Citizens Need a Certificate of Legal Capacity to Marry in the Philippines?

Introduction

In the Philippines, marriage is a significant civil act governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). One common requirement for marriages involving foreign nationals is the Certificate of Legal Capacity to Contract Marriage (CLCCM), which certifies that an individual is legally free to marry under the laws of their home country. This certificate is typically issued by the foreigner's embassy or consulate in the Philippines.

Dual citizenship, however, introduces a layer of complexity. Under Philippine law, dual citizens hold citizenship in the Philippines and at least one other country. This status often arises for natural-born Filipinos who acquire foreign citizenship (e.g., through naturalization abroad) but retain or re-acquire Philippine citizenship under Republic Act No. 9225 (RA 9225), also known as the Citizenship Retention and Re-acquisition Act of 2003. The key question is whether such individuals are treated as Filipinos or foreigners for marriage purposes, and thus whether they require a CLCCM.

This article explores the legal framework, requirements, procedures, and practical considerations surrounding this topic. It draws from Philippine statutes, administrative guidelines, and logical interpretations of the law to provide a comprehensive overview.

Legal Framework for Marriage in the Philippines

General Marriage Requirements

The Family Code outlines the essential and formal requisites for a valid marriage:

Essential Requisites (Article 2): Legal capacity of the contracting parties (who must be a male and a female) and their consent freely given in the presence of a solemnizing officer.
Formal Requisites (Article 3): Authority of the solemnizing officer, a valid marriage license (except in specific cases like marriages in articulo mortis), and a marriage ceremony where the parties declare their intent to marry before the officer and at least two witnesses.

To obtain a marriage license, applicants must submit documents to the local civil registrar, including birth certificates, parental consent (if applicable), and proof of dissolution of prior marriages (e.g., death certificate or annulment decree).

Special Requirements for Foreigners

Article 21 of the Family Code specifically addresses marriages involving foreign nationals:

"When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary for them, before a marriage license can be obtained, to provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or consular officials."

This provision aims to ensure compliance with international private law principles, preventing bigamy or other violations of foreign laws. Stateless individuals or refugees must submit an affidavit stating their circumstances and legal capacity instead.

The CLCCM is not required for Filipino citizens marrying other Filipinos. However, the law's phrasing—"citizens or subjects of a foreign country"—raises questions for dual citizens, who are citizens of both the Philippines and a foreign country.

Dual Citizenship Under Philippine Law

RA 9225 allows natural-born Filipinos who lost their citizenship through foreign naturalization to re-acquire it by taking an oath of allegiance. Upon re-acquisition, they are "deemed to have re-acquired Philippine citizenship" and enjoy "full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines."

Importantly, Section 5 of RA 9225 states:

"Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: (1) Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as 'The Overseas Absentee Voting Act of 2003' and other existing laws; (2) Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as prescribed by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath; (3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath; (4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and (5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who: (a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or (b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens."

This framework treats dual citizens as full Filipinos while in the Philippines, without requiring them to renounce foreign citizenship except in specific scenarios (e.g., running for office). The principle of "dominant nationality" or effective nationality often applies in international law, but in domestic Philippine matters like marriage, the local citizenship prevails.

Do Dual Citizens Need a CLCCM?

General Rule: No, If Marrying as a Filipino Citizen

Dual citizens do not need a CLCCM if they can establish their Philippine citizenship. This is because they are not exclusively "citizens or subjects of a foreign country" under Article 21 of the Family Code. Instead, they are Filipino citizens entitled to the same rights as single-citizenship Filipinos.

To qualify:

The dual citizen must present proof of Philippine citizenship, such as:
- A valid Philippine passport.
- A birth certificate registered with the Philippine Statistics Authority (PSA).
- An Identification Certificate issued by the Bureau of Immigration (for re-acquired citizens under RA 9225).
- The Oath of Allegiance taken under RA 9225.

In such cases, the local civil registrar treats the individual as a Filipino, and the marriage proceeds under standard requirements for Filipino citizens. This applies whether the dual citizen is marrying another Filipino, a dual citizen, or even a foreigner (though the foreigner would still need their own CLCCM).

Exceptions and Scenarios Where a CLCCM Might Be Required

While the general rule favors non-requirement, certain situations may necessitate a CLCCM:

Inability to Prove Philippine Citizenship: If the dual citizen cannot provide acceptable proof (e.g., lost documents or unregistered birth), they may be treated as a foreigner by default. In this case, they would need to obtain a CLCCM from their foreign embassy.
Choosing to Marry as a Foreigner: Some dual citizens prefer to marry under their foreign nationality for reasons like immigration benefits or inheritance laws. If they present only foreign documents (e.g., a foreign passport without Philippine proof), the civil registrar may require a CLCCM. However, this is voluntary and not mandated by law.
Marriages Abroad Involving Philippine Consulates: If the marriage occurs at a Philippine embassy or consulate abroad (under Article 10 of the Family Code), dual citizens might face different scrutiny. Consular officials may require a CLCCM if the individual's foreign citizenship is more prominent, but Philippine citizenship proof typically suffices.
Bigamy or Prior Marriage Concerns: If the dual citizen was previously married abroad under their foreign citizenship, they must provide proof of dissolution (e.g., divorce decree). Failure to do so could trigger CLCCM requirements to verify legal capacity.
Stateless or Refugee Dual Citizens: Rare cases involving statelessness complicate matters, but an affidavit may substitute for the CLCCM, as per Article 21.

Practical Considerations and Procedures

Application Process: Marriage licenses are applied for at the local civil registrar's office in the municipality or city where one party resides. Dual citizens should bring all citizenship proofs early to avoid delays.
Administrative Guidelines: The PSA and the Office of the Civil Registrar General provide advisory opinions. For instance, PSA guidelines emphasize that re-acquired citizens under RA 9225 are Filipinos for civil registration purposes, including marriage.
Common Challenges:
- Delays in document verification: Dual citizens may need to secure authenticated copies from the PSA or Department of Foreign Affairs (DFA).
- Embassy Involvement: Foreign embassies sometimes issue CLCCMs to dual citizens upon request, but this is not obligatory.
- Cost and Time: Obtaining a CLCCM (if needed) involves fees (varying by embassy) and can take weeks, whereas Filipino-only requirements are faster.
Validity and Recognition: Marriages solemnized without a required CLCCM (if applicable) may be voidable or face challenges in foreign jurisdictions. However, for dual citizens marrying as Filipinos, the marriage is fully valid under Philippine law and recognizable internationally via apostille.

Related Legal Concepts

Nationality Principle in Marriage: Philippine law follows the nationality principle (lex patriae) for capacity to marry, meaning Filipinos must comply with Philippine rules even abroad, while foreigners follow their national laws.
Divorce Recognition: Dual citizens divorced abroad (under foreign law) may need to file for recognition in Philippine courts if seeking remarriage, as the Philippines does not recognize absolute divorce for Filipinos.
Immigration Implications: Marriage as a dual citizen can affect spousal visas or citizenship applications in the foreign country, but this does not alter CLCCM requirements in the Philippines.

Conclusion

In summary, dual citizens generally do not need a Certificate of Legal Capacity to Marry in the Philippines, provided they establish their Philippine citizenship through appropriate documentation. This aligns with the intent of RA 9225 to treat re-acquired citizens as full Filipinos in domestic matters. However, exceptions arise from practical issues like document unavailability or personal choice to marry as a foreigner. Prospective couples should consult the local civil registrar or a family law expert to ensure compliance, as requirements can vary slightly by locality. By understanding these nuances, dual citizens can navigate the marriage process smoothly, upholding both their rights and legal obligations.

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