In the Philippine jurisdiction, marriage is not merely a contract but a social institution of public concern. For a foreigner wishing to wed within the archipelago, the legal requirements extend beyond simple consent. Under Article 21 of the Family Code of the Philippines, a crucial document is required before a marriage license can be issued: the Certificate of Legal Capacity to Contract Marriage.

1. The Legal Basis: Article 21

The Family Code explicitly mandates that when either or both of the contracting parties are citizens of a foreign country, they must submit a certificate of legal capacity issued by their respective diplomatic or consular officials.

This document serves as formal proof that the foreigner is:

Of legal age (18 years or older).
Not currently married to anyone else (free to marry).
Not restricted by any legal impediments under their home country's laws.

2. Where to Obtain the Certificate

The certificate must be issued by the Embassy or Consulate of the foreigner’s country located in the Philippines.

Note: A document issued in the foreigner's home country (such as a "Cenomar" or "Affidavit of Eligibility") is generally not a substitute for the certificate issued by their embassy in Manila, though it may be a prerequisite for the embassy to grant the certificate.

3. General Requirements for Foreigners

While each embassy has its own specific protocols, the following documentation is typically required to secure the certificate:

Valid Passport: To prove identity and citizenship.
Birth Certificate: Often required to be an apostilled or authenticated copy from the home country.
Proof of Civil Status:
If Single: A Certificate of No Marriage Record (CENOMAR) or equivalent from the home country.
If Divorced: A final Decree of Divorce. Note that the Philippines recognizes foreign divorces obtained by the foreign spouse.
If Widowed: The Death Certificate of the deceased spouse.
Affidavit of Interpretation: If the documents are not in English, a certified translation is required.

4. The Application Process at the Embassy

Appointment: Most embassies (e.g., U.S., UK, Canada, Australia) require an online appointment.
Personal Appearance: The foreign national must usually appear in person to swear an affidavit before a consular officer.
Payment of Fees: Consular fees vary significantly depending on the country of origin.
Issuance: Some embassies issue the document on the same day, while others may take several business days.

5. Integration with the Marriage License

Once the Certificate of Legal Capacity is obtained, it must be presented to the Local Civil Registrar (LCR) of the city or municipality where one of the parties habitually resides.

The LCR will require the certificate along with other standard Philippine requirements:

Pre-marriage counseling and family planning seminar certificates.
A 10-day mandatory posting period (waiting period) before the license is issued.
Valid IDs of the Filipino fiancé(e).

6. Special Considerations

Statutory Exemptions

Stateless persons or refugees who do not have an embassy in the Philippines must submit an affidavit allowed by the Department of Justice or the specific rules of the LCR, proving their capacity to marry.

Recognition of Foreign Divorces

While divorce is not currently legal for Filipino citizens in the Philippines, a foreigner’s divorce is recognized under Article 26 of the Family Code. However, if a Filipino was previously married to a foreigner and they divorced abroad, the Filipino must undergo a Judicial Recognition of Foreign Divorce in a Philippine court before they can be issued a new marriage license.

Expiration

Most Certificates of Legal Capacity have a limited validity period (typically six months from the date of issuance). If the marriage license is not applied for within this timeframe, a new certificate must be secured.

7. Consequences of Non-Compliance

A marriage contracted without a valid marriage license (which requires this certificate) is considered void from the beginning (void ab initio) under Article 4 of the Family Code, except in specific "marriages of exceptional character" (e.g., at the point of death). For foreigners, the absence of this certificate effectively halts the issuance of a legal marriage license in the Philippines.