LEGAL CAPACITY TO CONTRACT MARRIAGE CERTIFICATE (LCCM) — PHILIPPINE OVERVIEW

(Sometimes called “Certificate of Legal Capacity to Marry,” “CLCCM,” or simply “Legal Capacity.”)

1. Purpose and Legal Basis

Purpose	Statutory / Regulatory Anchor
Demonstrates that a person meets all substantive legal requisites to marry (age, civil status, absence of impediments) in the jurisdiction where the marriage will be celebrated.	Article 21, Family Code of the Philippines (EO No. 209, 1987): A foreigner intending to marry in the Philippines must present to the local civil registrar a certificate of legal capacity to contract marriage issued by his / her diplomatic or consular representative.
Frequently required abroad (e.g., Japan, Germany, Spain) when a Filipino plans to wed there.	Vienna Convention on Consular Relations, 1963 (art. 5 f-h) authorises embassies to issue civil-status documents.
Accepted by Philippine Local Civil Registrars (LCRs) as proof of capacity when a foreigner marries in the Philippines.	Philippine Statistics Authority (PSA)- Civil Registrar General Memoranda interpreting Art. 21.

Note: It is distinct from the PSA-issued Certificate of No Marriage Record (CENOMAR). The LCCM is an affirmative statement that the applicant may contract marriage; the CENOMAR merely certifies absence of prior recorded marriage.

2. Who Issues the Certificate?

Applicant	Typical Issuing Authority	Typical Supporting Philippine Offices
Foreigner marrying in the Philippines	His/Her own Embassy or Consulate in Manila (or nearest mission outside PH)	LCR of place of marriage will require it before issuing the Philippine Marriage Licence
Filipino marrying abroad	Philippine Embassy/Consulate at the country of destination (LCCM or “Affidavit of Legal Capacity”)	DFA-AOS (for Apostille, if host country is Hague-member)
Overseas Filipino desiring LCCM for use abroad, while in PH	Department of Foreign Affairs (DFA-OCA) issues an Apostille over the PSA CENOMAR + Birth Certificate, which many foreign authorities accept in lieu of an embassy-issued LCCM.	PSA for civil-registry documents; DFA for authentication

3. Core Substantive Requirements

A consular or civil registrar will check that the applicant:

Is of marriageable age Philippine rule: 18–25 yrs need parental consent/advice; 26+ free from that formality.
Is of the correct civil status (single, annulled, divorced where recognised, or widowed).
Is not within prohibited degrees of consanguinity (Family Code arts. 37–38).
For foreigners, complies with his/her national law on marriage (lex nationalis).
Has no other legal impediment (e.g., existing adoption relationship that bars marriage, priestly vow recognised by national law, bigamy indictment, etc.).

4. Documentary Requirements (Typical)**

Document	Where Obtained	Notes
Duly-accomplished LCCM application form	Embassy/Consulate or LCR	Many embassies supply downloadable PDF forms.
Passport (original + copy)	Applicant	Photocopies of bio-page & latest visa/entry stamp.
PSA-issued Birth Certificate (on security paper)	PSA e-Serbilis / SM Business Centers / Unisys outlets / PSA CRS	For foreigners, supply foreign birth certificate duly legalised.
CENOMAR (for singles) OR Advisory on Marriages (for previously married)	PSA	Must be issued within six months of filing.
If annulled/divorced:
– Philippine court Decree of Annulment/Nullity & Entry of Judgment
– Foreign Divorce Decree + Recognition Order (PH court)	RTC or foreign court	Recognition of foreign divorce (Rule on Recognition of Foreign Divorce, SC A.M. 02-11-10-SC) mandatory for Filipinos.
If widowed: Death Certificate of late spouse	PSA or foreign civil registry	Apostilled/legalised if foreign.
Parental consent/advice (18–25 yrs)	Notarised affidavit	See Family Code arts. 14–15.
Two-to-four passport-size photos	Any studio	White background, recent.
Application fee	Embassy/LCR cash desk	Ranges ₱2,500–₱5,000 (foreign missions); ₱200–₱300 (LCR).

Embassy-specific extras: Some missions (e.g., U.S., Spain) require an in-person oath before a consular officer; others (e.g., Germany) may require a certificate of residence (Meldebescheinigung) or police clearance.

5. Step-by-Step Procedure (Foreigner Marrying in the Philippines)

Gather civil-status evidence from home country (birth certificate, divorce, etc.) and have it apostilled/legalised.
Make an appointment at own embassy in Manila.
Appear personally with originals & copies; swear an Affidavit of Legal Capacity (some embassies generate the certificate instantly after the oath).
Pay consular fee; receive Certificate of Legal Capacity to Contract Marriage.
Translate certificate (if not in English) by a DFA-accredited translator.
Present LCCM to the Local Civil Registrar where the Philippine wedding will be held to secure a Marriage Licence.
Proceed with the marriage ceremony (Article 8, Family Code) within the licence’s 120-day validity.
After the wedding, the LCR transmits the Marriage Certificate to PSA for registration.

6. Step-by-Step Procedure (Filipino Marrying Abroad)

Secure PSA Birth Certificate & CENOMAR.
DFA Apostille the documents for use overseas.
Book an appointment with the Philippine Embassy/Consulate in the country of marriage.
Submit forms, IDs, apostilled PSA documents; embassy issues LCCM or “No-Impediment” affidavit.
File for a foreign marriage licence (requirements vary by country).
Celebrate the marriage abroad.
Report of Marriage (ROM): Within 1 year, file ROM at the same Philippine foreign service post so the marriage is recorded with the PSA.

7. Fees & Processing Times (Indicative, 2025)

Authority	Fee (PHP or equiv.)	Processing Time
PSA CENOMAR/Birth Cert	₱210–₱365 each	1–7 working days (walk-in); 3 weeks (online to overseas)
DFA Apostille (per document)	₱100 (regular, 3 days) / ₱200 (express, same-day)	As indicated
Embassy LCCM	₱2,500–₱5,000 (US$45–90)	Same-day to 10 working days (depending on embassy)
Local Civil Registrar marriage licence	₱100–₱150	10 calendar days posting + release

8. Validity & Use

Validity Period: Embassy-issued LCCM: usually six months from date of issuance (check embassy rules). Philippine marriage licence: 120 days from issuance (§ 17, Marriage Licence Law).
Single-use document: Once the marriage is celebrated or the validity lapses, a new LCCM is generally required for a subsequent wedding attempt.
Apostille/Legalisation: If the LCCM will be used outside its issuing country, it must bear an Apostille (for Hague Contracting States) or red-ribbon legalisation (for non-Hague states).

9. Common Pitfalls & Practical Tips

Name Mismatch: Ensure the spelling of names on all certificates exactly matches passports; clerical discrepancies delay licence issuance.
Late Filing of ROM: Failure to file the Report of Marriage within one year necessitates a Delayed Registration, requiring an affidavit of explanation and may hinder future immigration benefits.
Unrecognised Foreign Divorce: Filipino applicants relying on a non-Philippine divorce MUST obtain a Philippine court recognition judgment; otherwise, they are still considered married under Philippine law.
Waiver Misconception: Some couples believe a Notarial Affidavit alone can replace an embassy LCCM; LCRs will not accept this unless expressly allowed by an embassy-LCR memorandum.
Posting Period: Civil registrars enforce a 10-day posting of the marriage banns; plan ceremonies accordingly.
Embassy Closures & Backlogs: Book appointments months in advance, especially during peak wedding seasons (May & December).

10. Frequently Asked Questions

Question	Answer (Philippine Context)
Can PSA issue a “legal capacity” for foreigners?	No. Only the foreigner’s own embassy/consulate can make a positive certification under Art. 21.
Is a CENOMAR enough for a foreign registrar abroad?	Some jurisdictions accept a CENOMAR + Apostille in lieu of an LCCM; confirm with the foreign civil registry.
We already lived together abroad. Do we still need an LCCM to marry in PH?	Yes—cohabitation is not a substitute for the statutory certificate.
Does same-sex marriage obtain an LCCM?	Philippine law does not recognise same-sex marriage domestically (Art. 1, Family Code). A foreign same-sex couple may contract marriage abroad if their national law allows, but the LCCM process will be governed by that foreign jurisdiction.
Can a proxy apply for me?	No. Personal appearance is mandatory for oath-taking and identity verification.
What if the embassy refuses to issue an LCCM?	The foreigner may execute a sworn statement explaining the refusal, but many LCRs require Department of Foreign Affairs guidance before accepting such substitute documents.

11. Conclusion

The Legal Capacity to Contract Marriage Certificate functions as a gate-keeping instrument that ties together conflict-of-laws principles, consular functions, and domestic civil-registry procedures. Careful compliance with documentary, formal and temporal requirements ensures the validity, registrability, and international recognition of the marriage. Couples—especially those of mixed nationality—should budget sufficient lead-time, obtain apostilles promptly, and seek professional advice when prior marriages, adoption links, or foreign divorces are involved.

This article is for general informational purposes only and does not constitute legal advice. Consult the Local Civil Registrar, the Department of Foreign Affairs, or a Philippine lawyer for case-specific guidance.