How to Get RTC Clearance for an Affidavit of Promise to Marry in the Philippines

Executive summary

The Philippines does not issue a nationwide, standardized “Certificate of Common-Law Marriage” or “Certificate of Cohabitation.” For visa applications, applicants typically assemble a documentary packet that proves a genuine de-facto relationship. The backbone is usually a Notarized Affidavit of Cohabitation executed by both partners, supported by government residency certificates (often from the barangay), joint proofs of address/finances, and witness affidavits. If the documents will be used abroad, have them apostilled by the DFA (after obtaining the necessary intermediate certifications for notarized or LGU-issued papers).

Below is a comprehensive, Philippine-specific guide.

1) The legal landscape in the Philippines

  • No formal registration of common-law unions. Philippine law does not provide a registry or PSA-issued certificate that “creates” or “confers” common-law status. The PSA can issue a CENOMAR (Certificate of No Marriage Record) and Advisory on Marriages, but not a “common-law” certificate.
  • Recognition in specific contexts. While there is no registration, the Family Code recognizes certain rights and obligations between cohabiting partners (notably on property) under Articles 147 and 148, depending on circumstances (e.g., both free to marry vs. one or both with an existing marriage). This is distinct from marriage; it does not convert the relationship into a marriage.
  • For foreign visas. Many immigration systems accept a de-facto/partner route if you prove a genuine and continuing relationship—often with at least 12 months of cohabitation or equivalent evidence. Because the Philippines does not issue a single “common-law certificate,” you build a bundle of proof.

2) What consulates typically expect (conceptually)

Although each consulate has its own rules, they generally look for:

  1. Identity & civil status: Passports; PSA CENOMAR/Advisory on Marriages where relevant.
  2. Cohabitation: Matching addresses across documents; barangay and/or city residency certificates; lease contracts; deeds; utility bills; delivery statements; government IDs with the same address.
  3. Financial & social interdependence: Joint bank accounts; remittance records; insurance with the partner as beneficiary; joint purchases; proof of shared household expenses.
  4. Relationship history: Photos (dated), travel records, communications logs, affidavits from friends/family.
  5. Formal declarations: A Notarized Affidavit of Cohabitation (by both partners) and often a Joint Affidavit of Two Disinterested Persons attesting to the cohabitation.

3) Core documents you can obtain in the Philippines

A. Notarized Affidavit of Cohabitation (primary anchor document)

  • What it is: A sworn declaration by both partners describing the relationship, the start of cohabitation, current address, and intent to present the affidavit for visa purposes.
  • Where: Prepare the affidavit (see template below) and sign before a notary public. Bring valid government IDs.
  • Why: Once notarized, it becomes a public document with evidentiary value (subject to verification/contest).

B. Barangay Certification(s)

  • Certificate of Residency (for each partner) and, where available, a Barangay Certification noting cohabitation or joint residency.
  • Where: Barangay Hall of your current residence. Bring IDs and proof of address.
  • Note: Barangay formats vary; some issue a generic residency certificate. If there’s no specific “cohabitation” wording, residency certificates for both partners listing the same address still help.

C. City/Municipal Certifications (as available)

  • Some LGUs issue Community Tax Certificates (CTC) or residency certificates at city/municipal level. These can corroborate address history.

D. Joint Affidavit of Two Disinterested Persons

  • Affidavit by two adults (not relatives if possible, and ideally not living with you) confirming they know you as a couple living together since a stated date.
  • Sign before a notary public with valid IDs.

E. Supporting proofs (compile as many as applicable)

  • Lease contract / deed listing both names; or a notarized Authorization to Occupy if only one partner is the contract holder.
  • Utility bills (electricity, water, internet, mobile postpaid) addressed to either/both partners at the same address; delivery receipts with timestamps to the shared address.
  • Government IDs for each partner showing the same address (PhilID, postal ID, driver’s license, voter’s ID/registration prints, etc.).
  • Financial interdependence: joint bank account statements, insurance policies naming partner as beneficiary, shared investments, remittances, GCash/payments to shared expenses.
  • Relationship evidence: dated photos, travel itineraries/boarding passes, hotel bookings, parcel receipts, invitations, event tickets, chat/call logs (screenshots with dates).

F. PSA civil status documents

  • CENOMAR for both partners (where relevant), and Advisory on Marriages if either has prior marriages. These demonstrate you’re free to marry (or disclose prior civil status).

4) Apostille (for use abroad)

Foreign embassies/immigration authorities typically require Philippine public documents to be apostilled by the Department of Foreign Affairs (DFA).

  • Notarized documents (your affidavits): Before DFA apostille, secure a Certificate of Authority for a Notarial Act (CANA) from the Executive Judge/Office of the Clerk of Court of the RTC where the notary is commissioned. Bring the notarized original and pay the CANA fee.
  • Barangay or City/Municipal certifications: DFA will apostille documents signed by officials whose signatures are on file with the DFA. In practice, barangay certifications may require endorsement/verification (e.g., certification from the city/municipal mayor’s office or the DILG city/municipal office) so the DFA can verify the signatory. Check locally which intermediate step is required for your LGU’s signatories.
  • PSA documents: PSA-issued certificates printed on security paper are usually accepted directly for apostille (no notarization needed).

Tip: Bring original IDs, photocopies, and exact cash. Make at least two apostilled sets: one for filing, one as backup.

5) Step-by-step process (practical playbook)

  1. Gather civil status & ID: Passports/valid IDs; PSA CENOMARs/Advisories as applicable.

  2. Secure residency proof: Request Barangay Certificate(s) of Residency for both partners (same address). If available, ask for wording acknowledging cohabitation/joint residency.

  3. Draft the affidavits:

    • Affidavit of Cohabitation (signed by both partners).
    • Joint Affidavit of Two Disinterested Persons (signed by two witnesses).

  4. Notarize the affidavits: Appear before a notary public with IDs.

  5. Collect supporting proofs: Lease/deed, utility bills, bank/insurance papers, travel records, photos, etc. Organize chronologically; label clearly.

  6. Intermediate certifications (if needed):

    • For notarized affidavits: obtain CANA from the RTC/clerk of court.
    • For barangay/city documents: get the required mayor’s/authorized official’s certification so the DFA can recognize the signature.

  7. DFA Apostille: Apostille the affidavits and LGU/PSA certificates that will be presented abroad.

  8. Assemble the visa packet:

    • Cover letter (brief relationship timeline).
    • Table of contents & evidence index.
    • Apostilled core documents + supporting exhibits (tabbed/dividers).

  9. Keep digital copies: Scan everything into a single, paginated PDF with bookmarks.

6) Special situations & cautions

  • If one partner is still married: Articles 148 (vs. 147) may apply to property relations; immigration authorities may scrutinize the relationship. Avoid any representation that suggests you are married to each other; you are presenting a de-facto/common-law relationship only.
  • Same-sex partners: The Philippines does not recognize same-sex marriage, but you can still compile de-facto evidence for consulates that accept it. Requirements depend on the destination country’s policy.
  • Name changes & prior marriages: Include PSA documents (e.g., annotated marriage certificates, decrees of nullity/annulment/recognition of foreign divorce, if applicable).
  • Children together: Add the child’s PSA birth certificate; school/medical records showing shared responsibility strengthen the application.
  • Perjury risks: Affidavits are sworn statements. Never backdate cohabitation or fabricate supporting documents.
  • Data privacy: Redact bank account numbers, QR codes, or overly sensitive information while keeping the document probative.

7) Evidence checklist (visa-friendly)

Identity & Civil Status

  • Passport biodata pages (both)
  • PSA CENOMAR(s) / Advisory on Marriages

Cohabitation

  • Barangay Certificate(s) of Residency (same address)
  • City/Municipal residency certificate (if available)
  • Lease/deed/authorization to occupy

Interdependence

  • Joint bank/finance statements
  • Insurance/beneficiary designations
  • Shared utility bills / delivery receipts / e-commerce invoices

Relationship history

  • Dated photos (with captions)
  • Travel records (itineraries, boarding passes, visas)
  • Communications logs (screenshots with timestamps)

Affidavits

  • Notarized Affidavit of Cohabitation (both partners)
  • Notarized Joint Affidavit of Two Disinterested Persons

Apostille trail (for foreign use)

  • CANA for notarized documents
  • LGU signatory verification (if required)
  • DFA Apostille certificates

8) Model templates (customize before notarization)

A. Affidavit of Cohabitation (sample)

AFFIDAVIT OF COHABITATION We, [Name 1], of legal age, [citizenship], with ID [type/number], and [Name 2], of legal age, [citizenship], with ID [type/number], both presently residing at [full address], after being duly sworn, state:

  1. That we are partners in a committed relationship and have been cohabiting at the above address since [month day, year];
  2. That prior addresses (while cohabiting) were: [list with dates];
  3. That we maintain a shared household, contributing to housing, utilities, and living expenses;
  4. That we submit this affidavit to evidence our de-facto/common-law relationship for [country/consulate/visa category];
  5. That attached are true copies of documents evidencing our cohabitation and interdependence. We affirm that the foregoing is true and correct. [Signatures of both partners] SUBSCRIBED AND SWORN to before me this ___ day of ____, 20, affiants exhibiting the above-stated IDs. [Notary public details and jurat]

B. Joint Affidavit of Two Disinterested Persons (sample)

JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS We, [Witness 1] and [Witness 2], of legal age, [citizenship], with IDs [details], declare:

  1. That we personally know [Name 1] and [Name 2] as a couple;
  2. That to our personal knowledge they have cohabited since [month day, year] and currently reside at [address];
  3. That we execute this affidavit to support their visa application. [Signatures of both witnesses] SUBSCRIBED AND SWORN… [Notary public details and jurat]

(Ask your notary if they prefer their own format.)

9) Frequently asked questions

Is there a PSA certificate for common-law partners? No. The PSA does not issue a “common-law certificate.” Use affidavits, LGU certifications, and supporting evidence.

Will a single affidavit be enough? Rarely. Consulates look for cumulative proof—coherent, dated records over time.

How many months of cohabitation are needed? Depends on the destination country/visa class. Many require around 12 months or equivalent evidence of a genuine, continuing relationship.

Do we need both a barangay certificate and an affidavit? The affidavit is essential; barangay/city residency certificates corroborate your address history and help with apostille acceptance.

Do we need to apostille everything? Apostille the core declarations and government certificates you intend to file abroad. Supporting items like photos or screenshots typically don’t need apostille but should be labeled and cross-referenced.

What if our addresses on IDs are outdated? Update where feasible, and supplement with lease + bills + barangay certificate. Provide a short explanation if addresses changed.

Can same-sex partners do this? Yes, for de-facto evidence. Recognition depends on the foreign country’s policy.

10) Practical filing tips

  • Tell a consistent story. Use a one-page relationship timeline with dates/addresses and reference numbers pointing to your exhibits.
  • Date-stamp your evidence. Prefer originals or certified copies; highlight dates and addresses.
  • Organize by month/quarter. Consulates appreciate clear chronology.
  • Avoid over-redaction. Hide only sensitive numbers—leave names, dates, and addresses visible.
  • No embellishment. Inconsistencies harm credibility more than gaps do.
  • Keep backups. Scan and store a bookmarked PDF; maintain a spare physical set.

11) Bottom line

Because the Philippines has no single, official “common-law certificate,” you prove your relationship through a notarized affidavit, LGU residency certifications, and consistent, dated evidence of living together and interdependence—apostilled for use abroad. Build a coherent, well-indexed packet, and match the specific checklist of the consulate or immigration system you’re applying to.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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