How Foreigners Can Obtain a Certificate of Legal Capacity to Marry in the Philippines

Introduction

In the Philippines, marriage is governed by the Family Code (Executive Order No. 209, as amended), which establishes strict requirements to ensure the validity and legality of unions. For foreigners intending to marry in the country—whether to a Filipino citizen or another foreigner—a key prerequisite is obtaining a Certificate of Legal Capacity to Contract Marriage (CLCCM). This document certifies that the foreigner is legally eligible to marry under the laws of their home country, free from any impediments such as an existing marriage, minority status without consent, or other disqualifications.

The CLCCM is essential because Philippine law does not presume foreign nationals' marital capacity; it requires explicit verification from the foreigner's diplomatic or consular authorities. Without this certificate, a marriage license cannot be issued by the local civil registrar, rendering any subsequent marriage void ab initio (invalid from the beginning). This requirement protects against bigamy, fraud, and conflicts with international private law principles. The process is administered primarily through foreign embassies or consulates in the Philippines, with variations based on the foreigner's nationality.

Legal Basis

The requirement for a CLCCM is enshrined in Article 21 of the Family Code of the Philippines:

"When either or both of the contracting parties are citizens 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, issued by their respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, execute an affidavit stating the circumstances showing such capacity to contract marriage."

This provision aligns with the Hague Convention on Celebration and Recognition of the Validity of Marriages (though the Philippines is not a signatory, it influences customary practices) and ensures compliance with the principle of lex patriae (law of nationality) for capacity to marry.

Additionally, the Civil Code of the Philippines (Republic Act No. 386) and related jurisprudence, such as in cases like Van Dorn v. Romillo (G.R. No. L-68470, 1985), affirm that foreigners are subject to their national laws regarding personal status, including marriage capacity. The Supreme Court has consistently held that marriages involving foreigners must adhere to these formalities to be recognized.

Failure to obtain the CLCCM can lead to administrative penalties, denial of marriage registration, or even criminal liability under laws against illegal marriages (e.g., Article 350 of the Revised Penal Code for bigamy).

Who Needs a Certificate of Legal Capacity to Marry?

Foreign Nationals: Any non-Filipino citizen, regardless of residency status (tourist, resident alien, or immigrant), who wishes to marry in the Philippines.
Dual Citizens: If one holds Philippine citizenship, they are treated as a Filipino and do not need a CLCCM; however, if marrying as a foreigner (e.g., renouncing Philippine citizenship for the purpose), the certificate may be required.
Special Categories:
- Stateless Persons or Refugees: As per Article 21, they submit an affidavit instead, detailing their personal circumstances (e.g., no existing marriage, age, etc.). This must be notarized and may require authentication by the Department of Foreign Affairs (DFA) or a Philippine court.
- Minors: Foreign minors (under 18 or as per their national law) need additional parental consent or advice, incorporated into the CLCCM process.
- Previously Married Foreigners: Those divorced, widowed, or annulled must prove dissolution of prior unions, as verified by their embassy.

Filipino citizens marrying foreigners do not need a CLCCM themselves but must provide a Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA).

Step-by-Step Process to Obtain the Certificate

The process is nationality-specific, as each country handles issuance through its diplomatic mission. Generally, it involves application at the embassy or consulate in Manila (or Cebu for some). Processing times range from same-day to several weeks, with fees varying (typically PHP 1,000–5,000 equivalent in foreign currency).

Determine the Issuing Authority:
- Contact the embassy or consulate of your home country in the Philippines. Most are located in Metro Manila (e.g., US Embassy in Roxas Boulevard, Manila; Japanese Embassy in Pasay City).
- If your country has no diplomatic presence (e.g., smaller nations), obtain the certificate from the nearest embassy (e.g., in Singapore or Thailand) and have it authenticated by the Philippine DFA via apostille (under the Apostille Convention, which the Philippines joined in 2019) or legalization.
- For countries like the United States, which do not issue a formal CLCCM (as marital records are state-level), an "Affidavit in Lieu of Certificate of Legal Capacity to Marry" is provided, which serves the same purpose and is accepted by Philippine authorities.
Gather Required Documents:
- Universal Requirements:
  - Valid passport (original and photocopies).
  - Birth certificate (authenticated or apostilled if issued abroad).
  - Application form (provided by the embassy).
  - Two recent passport-sized photos.
  - Proof of address in the Philippines (e.g., hotel booking or lease).
- For Single Applicants: An affidavit of single status or sworn declaration.
- For Divorced/Widowed/Annulled Applicants:
  - Divorce decree, annulment papers, or death certificate of former spouse (authenticated by the issuing country's authorities and apostilled).
  - Proof that the divorce is recognized under national law (e.g., for Muslims, a certificate from an Islamic court).
- Additional for Some Nationalities:
  - Parental consent for minors.
  - Police clearance or certificate of good conduct.
  - Medical certificate (rare, but required by some embassies). All foreign documents must be translated into English if not already, and authenticated (apostille for Hague Convention countries; consular legalization otherwise) by the DFA's Authentication Division in Manila.
Submit Application:
- Schedule an appointment via the embassy's website or phone (walk-ins are discouraged).
- Appear in person (both parties may need to attend for some embassies).
- Pay the fee (e.g., USD 25–50 for US citizens; varies for others).
- The embassy verifies documents, often by checking national databases or contacting home authorities.
Receive the Certificate:
- Issued in English or with an English translation.
- Valid for a limited period (typically 6 months to 1 year).
- If denied (e.g., due to existing marriage), appeal options depend on national law.
Authentication in the Philippines:
- While not always required, some local civil registrars insist on DFA authentication or red ribbon for the CLCCM.
- Submit to DFA for apostille (faster process since 2019) if the issuing country is a Hague member.

Fees, Processing Time, and Common Challenges

Fees: Embassy-specific; e.g., €20–50 for EU countries, AUD 80 for Australians. DFA apostille costs PHP 100–200 per document.
Processing Time: 1–7 days for most; longer if verification involves home country (up to 30 days).
Challenges:
- Document Authentication Delays: Apostille processing at DFA can take 3–5 days.
- No Embassy: Requires travel abroad or proxy application.
- Bigamy Risks: If a prior marriage exists, the certificate won't be issued; foreigners must resolve this under their national law.
- COVID-19 or Emergency Restrictions: Embassies may shift to online submissions or limited services.
- Language Barriers: Ensure translations are certified.

Using the Certificate for Marriage

Once obtained, present the CLCCM when applying for a marriage license at the Local Civil Registrar (LCR) in the municipality or city where the marriage will occur (or where one party resides for 15 days prior). Other requirements include:

Joint application form.
Birth certificates.
CENOMAR for the Filipino party.
Seminar on family planning (Pre-Marriage Orientation and Counseling).

The license is issued after a 10-day posting period and is valid for 120 days. The marriage can then be solemnized by an authorized officiant (judge, priest, etc.), and registered with the PSA.

Special Considerations and Alternatives

Same-Sex Marriages: Not recognized in the Philippines; CLCCM issuance may be denied if the home country prohibits it, though some embassies issue for civil purposes.
Muslim Foreigners: Governed by the Code of Muslim Personal Laws (Presidential Decree No. 1083); may require additional Shari'a court certification.
Refugees/Asylum Seekers: UNHCR or DFA may assist in affidavit preparation.
Judicial Alternatives: In rare cases (e.g., embassy refusal), a foreigner can petition a Philippine court for a judicial declaration of capacity, but this is lengthy and not recommended.
Post-Marriage: The marriage certificate must be registered with the foreigner's embassy for international recognition.

Conclusion

Obtaining a Certificate of Legal Capacity to Marry is a straightforward yet crucial step for foreigners seeking to wed in the Philippines, ensuring compliance with both Philippine and international laws. It underscores the country's emphasis on legal formalities to uphold the sanctity of marriage. Prospective couples should plan ahead, consult their embassy early, and seek legal advice from a Philippine attorney specializing in family law to navigate nuances. By fulfilling these requirements, foreigners can legally establish a marital union that is valid and enforceable globally.