In the Philippines, the state maintains a significant interest in the institution of marriage, treating it as an inviolable social institution. Consequently, the law imposes strict formal and essential requisites for a valid marriage. One of the most critical requirements for marriages involving foreign nationals is the Certificate of Legal Capacity to Contract Marriage.
I. Legal Basis and Purpose
The primary legal basis for this requirement is Article 21 of Executive Order No. 209, otherwise known as the Family Code of the Philippines. The law provides:
"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 submit a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials."
The purpose of this document is to certify that there are no legal impediments to the foreigner's marriage under the laws of their home country. Since the Philippines adheres to the Nationality Principle (Article 15 of the Civil Code), the legal capacity of a person to enter into a contract of marriage is determined by their national law.
II. Who is Required to Obtain the Certificate?
The requirement applies to:
- Foreign Citizens: Any non-Filipino citizen wishing to marry in the Philippines.
- Former Filipino Citizens: Naturalized citizens of other countries (e.g., a former Filipino who is now a U.S. citizen).
- Dual Citizens: Generally, if a party holds foreign citizenship, the Local Civil Registrar (LCR) will require the certificate from the embassy of that foreign country.
III. Where to Obtain the Document
The certificate must be issued by the diplomatic or consular office of the foreigner’s country located within the Philippines.
- Example: A Japanese national must obtain the certificate from the Embassy of Japan in Manila or its consulates in Cebu or Davao.
- Important Note: Documents issued by a foreign national's home government (in their home country) are generally not sufficient on their own; the specific "Certificate of Legal Capacity" must be processed through their embassy in the Philippines to be recognized by the Local Civil Registrar.
IV. General Requirements for the Embassy
While requirements vary by embassy, foreign nationals are typically expected to present the following to their respective consuls:
| Requirement | Description |
|---|---|
| Proof of Identity | Valid Passport and sometimes a birth certificate. |
| Proof of Single Status | A "CENOMAR" equivalent from the home country (e.g., Certificate of No Impediment, Affidavit of Eligibility). |
| Divorce/Annulment Papers | If previously married, a final judicial decree of divorce or annulment. |
| Death Certificate | If the previous spouse is deceased. |
| Personal Appearance | Most embassies require the foreign national to appear in person to swear an affidavit. |
V. Special Cases: Stateless Persons and Refugees
The law provides an alternative for individuals who do not have a diplomatic representative in the Philippines. Under the second paragraph of Article 21 of the Family Code:
- Stateless Persons or Refugees: Instead of a certificate from an embassy, these individuals must submit an Affidavit stating their capacity to marry.
- Evidence: This affidavit must be supported by such other evidence as the Local Civil Registrar may deem sufficient.
VI. Procedure for the Marriage License Application
Once the Certificate of Legal Capacity is obtained, the following steps must be taken:
- Submission to the Local Civil Registrar (LCR): The certificate is submitted to the LCR of the city or municipality where one of the parties habitually resides.
- The 10-Day Posting Period: Upon filing the application for a marriage license (including the certificate), a notice is posted for ten consecutive days. The license is issued only after the completion of this period.
- Validity of the Marriage License: Once the LCR issues the marriage license, it is valid for 120 days anywhere in the Philippines.
VII. Consequences of Non-Compliance
The absence of a Certificate of Legal Capacity is a formal irregularity. While Article 4 of the Family Code states that a formal irregularity does not generally affect the validity of the marriage, it may result in the following:
- Refusal of License: The Local Civil Registrar will refuse to issue a marriage license without this certificate.
- Legal Liability: The party responsible for the irregularity and the officer who issued the license despite the missing document may be held civilly, criminally, or administratively liable.
- Verification of Capacity: If a marriage is celebrated without a license (and thus without this certificate) where one was required, the marriage is void from the beginning (void ab initio).
Summary Checklist
- Determine the specific requirements of the foreign national's embassy in Manila.
- Gather original documents (Birth Certificate, Divorce Decree, etc.) from the home country.
- Schedule an appointment with the Embassy/Consulate.
- Obtain the Certificate of Legal Capacity to Contract Marriage.
- File the certificate along with the Marriage License application at the Philippine Local Civil Registrar.
- Observe the mandatory 10-day posting period.