In the Philippine legal system, the Certificate of Legal Capacity to Contract Marriage (LCCM) is a non-negotiable requirement for any Filipino citizen intending to marry a foreigner abroad. Under Article 21 of the Family Code of the Philippines, when a Filipino wishes to marry in a foreign country, the local registrar or the foreign government usually requires this document to prove that the individual is of legal age, has no existing prior marriage, and faces no legal impediments (such as consanguinity).
Where to Apply
Filipinos living or staying abroad must apply for the LCCM at the Philippine Embassy or Consulate General that has jurisdiction over the place where the marriage will be solemnized.
Note: You cannot obtain this document from a local civil registrar in the Philippines while you are already abroad; it must be issued by the Philippine foreign service post.
Core Requirements
While specific requirements can vary slightly between embassies (e.g., Tokyo vs. Dubai), the standard "basket" of documents includes:
1. Proof of Identity and Status
- Valid Philippine Passport: Original and photocopies.
- PSA-issued Birth Certificate: Must be on security paper and recently issued (usually within the last 6 months).
2. Proof of Singleness (CENOMAR)
- Certificate of No Marriage Record (CENOMAR): Issued by the Philippine Statistics Authority (PSA).
- Crucial Step: The CENOMAR must be Apostillized by the Department of Foreign Affairs (DFA) in the Philippines to be considered valid for use by the Embassy.
3. Parental Documents (Based on Age)
The Philippines has strict rules regarding age and parental consent:
- Ages 18 to 21: Affidavit of Parental Consent.
- Ages 22 to 25: Affidavit of Parental Advice.
- These documents must be notarized and, if signed in the Philippines, Apostillized by the DFA.
4. Special Cases (Previous Marriages)
- For Divorcees: A judicial recognition of the foreign divorce decree by a Philippine court.
- For Annulled Individuals: Court Decree of Annulment and a PSA Marriage Certificate with the annotation of annulment.
- For Widows/Widowers: PSA-issued Death Certificate of the deceased spouse.
5. Information of the Fiance(e)
- A photocopy of the future spouse’s passport or national ID.
The Application Process
- Appointment: Most embassies now require an online appointment.
- Submission: Both parties (the Filipino and the foreign fiancé/e) are usually required to appear in person.
- The Affidavit: The Filipino applicant will sign an Affidavit of Public Marriage, declaring their status under oath.
- Posting Period: There is a mandatory 10-day posting period where the notice of the intended marriage is displayed at the Embassy to allow for any legal objections.
- Issuance: After the 10-day period, the LCCM is issued.
Essential Fees and Validity
| Item | Details |
|---|---|
| Processing Time | Minimum of 10 to 12 working days (due to posting). |
| Validity | Generally valid for six (6) months from the date of issuance. |
| Fees | Paid in the local currency of the host country (refer to the Embassy's Schedule of Fees). |
Common Pitfalls to Avoid
- Expired CENOMAR: Ensure your PSA documents are fresh. Many embassies will not accept a CENOMAR older than six months.
- Name Discrepancies: Ensure the name on your Passport, Birth Certificate, and CENOMAR match perfectly. Even a missing middle initial can cause a rejection.
- Apostille Requirement: Do not forget to have your Philippine-sourced documents Apostillized before leaving the Philippines or have a representative do it for you via a Special Power of Attorney (SPA).
Would you like me to draft a checklist of the specific documents you need based on your current age and marital status?