When a Filipino citizen marries a foreigner or another Filipino abroad, the marriage is not automatically reflected in the records of the Philippine Statistics Authority (PSA). Under Philippine law, specifically the Family Code and the Rules of the Office of the Civil Registrar General, certain legal steps must be taken to ensure the marriage is recognized as valid and enforceable within the Philippines.
1. The Principle of Lex Loci Celebrationis
The foundational rule in Philippine law regarding foreign marriages is found in Article 26 of the Family Code:
"All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country..."
However, there are exceptions. If the marriage is contrary to Philippine public policy (e.g., polygamous marriages, incestuous marriages, or marriages involving a minor), it will not be recognized even if valid in the country of celebration.
2. The Report of Marriage (ROM)
The primary mechanism for registering a foreign marriage is the Report of Marriage (ROM). This is a formal notification to the Philippine government that a marriage involving a Filipino citizen took place abroad.
- Where to file: The ROM must be filed with the Philippine Embassy or Consulate having jurisdiction over the place where the marriage was solemnized.
- Timeline: While there is no strict "expiration" for filing a ROM, delayed registration (usually after one year) requires an Affidavit of Delayed Registration explaining the reasons for the gap.
3. Document Requirements
While specific consulates may have slight variations, the standard requirements include:
- Report of Marriage Form: Usually four (4) original copies.
- Original Marriage Certificate: Issued by the foreign government (translated into English if in a foreign language).
- Proof of Filipino Citizenship: Valid Philippine Passport or Dual Citizenship documents of the Filipino spouse.
- Birth Certificates: PSA-issued birth certificate of the Filipino spouse and a birth certificate of the foreign spouse.
- Photographs: Passport-sized photos of both spouses.
- Notarization: If the ROM is sent via mail rather than filed in person, the form must be notarized by a local notary public in the foreign country and often authenticated by the relevant local authority.
4. Verification and the PSA Transition
Once the Philippine Consulate receives and processes the ROM, they will forward the documents to the Department of Foreign Affairs (DFA) in Manila. The DFA then transmits the records to the PSA for integration into the national database.
- Verification: To verify if a marriage is already registered, one must apply for a Certificate of Marriage from the PSA. If the records have not yet been synchronized, the PSA will issue a Certificate of No Record of Marriage.
- Turnaround Time: The transition from the Consulate to the PSA can take anywhere from six months to one year.
5. Special Cases and Complications
A. Divorce Obtained Abroad
The Philippines does not have a domestic divorce law. However, under the second paragraph of Article 26, if a Filipino is married to a foreigner and the foreigner subsequently obtains a valid divorce abroad enabling them to remarry, the Filipino spouse shall also have the capacity to remarry under Philippine law.
Note: This is not automatic. The foreign divorce decree must be judicially recognized by a Regional Trial Court (RTC) in the Philippines before the PSA will update the marriage status.
B. Use of Surname
A Filipino woman who marries abroad is not legally required to change her surname to her husband’s, but she has the option to do so under the Civil Code. To update her Philippine passport to reflect her married name, a processed ROM or a PSA-issued Marriage Certificate is a mandatory requirement.
C. Apostille Convention
Since the Philippines is a member of the Hague Apostille Convention, documents issued by other member countries no longer require "red ribbon" authentication by the Philippine Embassy, provided they bear an Apostille from the issuing country’s competent authority.
Summary of the Registration Process
| Step | Action | Responsibility |
|---|---|---|
| 1 | Gather foreign marriage certificate and proof of citizenship. | Spouses |
| 2 | Submit ROM application to the Philippine Consulate/Embassy. | Spouses |
| 3 | Transmittal of records to DFA Manila. | Consulate |
| 4 | Archiving and encoding into the national database. | PSA |
| 5 | Issuance of PSA Marriage Certificate on security paper. | PSA |
Legal Significance of Registration
Failure to register a foreign marriage does not necessarily make the marriage "void," but it creates significant administrative hurdles. Registration is essential for:
- Succession and Inheritance: Establishing the legal status of forced heirs.
- Visa Petitions: Proving relationship for immigration purposes.
- Insurance and Benefits: Claiming spousal benefits under SSS, GSIS, or private providers.
- Passport Updates: Changing a surname on official government identification.