In the Philippines, marriage is not merely a contract but a "social institution" protected by the State. For a foreigner wishing to wed within Philippine territory, the process is governed by the Family Code of the Philippines (Executive Order No. 209). While the ceremony may be festive, the legal prerequisites are stringent, particularly regarding the foreigner’s "Legal Capacity."
Under the principle of lex loci celebrationis, the forms and solemnities of marriage are governed by the laws of the country where it is celebrated. However, the legal capacity of the parties is generally governed by their national law.
The Essential Requirement: Article 21
The most critical provision for any foreigner marrying in the Philippines is Article 21 of the Family Code. It states:
"When either or both of the contracting parties are citizens 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 marry issued by their respective diplomatic or consular officials."
1. The Certificate of Legal Capacity to Marry (CLCM)
The CLCM is a document issued by the foreigner’s embassy or consulate in the Philippines. It certifies that, according to the laws of their home country, there are no legal impediments to the individual entering into a marriage.
- Stateless Persons: If the foreigner is a stateless person or a refugee, they must submit an affidavit stating their circumstances and capacity to marry, which is then vetted by the appropriate Philippine government agency (usually the Department of Justice).
- Where to Apply: The foreigner must personally (in most cases) visit their embassy in Manila or a Cebu/Davao consulate to obtain this. Requirements for the CLCM vary by country but typically include a birth certificate and proof of single status.
Documentary Requirements for the Marriage License
Before the wedding can take place, the couple must apply for a Marriage License at the Local Civil Registrar (LCR) of the city or municipality where one of the parties habitually resides. For the foreigner, the following documents are mandatory:
| Document | Description |
|---|---|
| Certificate of Legal Capacity | As mandated by Article 21 of the Family Code. |
| Valid Passport | Showing the date of arrival and current visa status. |
| Birth Certificate | Often required to be an original or certified true copy. |
| Proof of Single Status | Some LCRs require a "CENOMAR" (Certificate of No Marriage) even for foreigners, or a similar document from their home country. |
| Divorce Decree / Death Certificate | If the foreigner was previously married, they must provide the final decree of absolute divorce or the death certificate of the deceased spouse. |
Special Considerations: Prior Marriages and Divorce
The Philippines does not have a domestic divorce law (except for Muslims under the Code of Muslim Personal Laws). However, it recognizes the validity of foreign divorces under certain conditions.
Recognition of Foreign Divorce (Article 26)
If a foreigner was previously married to a Filipino and obtained a valid divorce abroad, that divorce must be judicially recognized by a Philippine Regional Trial Court (RTC) before the Filipino spouse can remarry.
However, if the foreigner was previously married to another foreigner and obtained a divorce valid under their national laws, the Philippines generally recognizes that divorce upon presentation of the authenticated divorce decree, as it pertains to the foreigner's legal status under their own national law.
Formal Requisites and the 10-Day Rule
Once all documents are submitted to the Local Civil Registrar, the application for the marriage license is subject to a mandatory 10-day posting period.
- Purpose: This period allows the public to be notified of the intended marriage and provides an opportunity for anyone with knowledge of a legal impediment (e.g., an existing marriage) to object.
- Validity: Once issued, the marriage license is valid for 120 days and can be used anywhere in the Philippines. If the 120 days expire without the marriage being celebrated, the license becomes void.
Prohibited Marriages (Impediments)
Even if a foreigner has a CLCM, the marriage will not be permitted if it violates Philippine public policy regarding:
- Age: Both parties must be at least 18 years old.
- Consanguinity: Marriages between blood relatives (up to the fourth civil degree) are void from the beginning.
- Public Policy: Marriages that are bigamous, polygamous, or incestuous are strictly prohibited, regardless of whether they are allowed in the foreigner's home country.
Summary Checklist for Foreigners
- Secure the CLCM: Contact your embassy in the Philippines early.
- Gather Originals: Ensure birth certificates and divorce decrees are authenticated or apostilled if required.
- Apply Locally: Submit documents to the LCR where the Filipino partner resides.
- Wait the 10 Days: Do not book the venue for a date earlier than the expiration of the 10-day posting period.
- Solemnizing Officer: Ensure the priest, judge, or minister has a valid authorization from the Philippine government to perform marriages.
Failure to comply with these legalities can result in a marriage being declared void ab initio (void from the beginning), leading to significant legal complications regarding property, inheritance, and the legitimacy of children.