In Philippine law, a foreigner who is still married to someone else cannot legally obtain a marriage license to marry another person here even if the first spouse gives full consent.

That’s the bottom line. The rest of this article explains why, what the risks are, and what has to be done instead if the foreigner genuinely wants to enter a valid marriage in the Philippines.

1. Basic framework of Philippine marriage law

1.1. Nature of marriage under Philippine law

Under the Philippine Constitution and the Family Code, marriage is:

A special contract of permanent union between a man and a woman
Monogamous (only one valid marriage at a time)
A matter of public interest, not just a private agreement between spouses

Because of this, the State strictly controls:

Who is legally allowed to marry (capacity)
What formalities must be followed
When a marriage is void or voidable

1.2. Capacity to marry

One of the absolute impediments to marriage under the Family Code is the existence of a prior subsisting marriage.

If a person is already validly married, that person is incapacitated to marry again, unless:

The first marriage is validly dissolved (through divorce/annulment/void marriage recognized in law), or
The absent spouse is judicially declared presumptively dead in accordance with Philippine law (very specific process).

A second marriage contracted while the first is still legally existing is generally void for being bigamous/polygamous.

2. Foreigners marrying in the Philippines

2.1. Law governing capacity of foreigners

As a general rule of private international law, the capacity of a foreigner to marry is governed by the law of his or her nationality.

However, because the marriage is celebrated in the Philippines, it must also comply with:

Philippine formal requirements (license, ceremony, officiant, etc.), and
Philippine public policy, which includes monogamy.

2.2. Certificate of Legal Capacity to Contract Marriage (CLCCM)

Filipinos typically submit a CENOMAR (Certificate of No Marriage) from the PSA.

Foreigners, in contrast, are usually required to present a Certificate of Legal Capacity to Contract Marriage (or equivalent) issued by their embassy or consulate. This certificate normally states that under their national law, they are free to marry.

If a foreigner is still married, most embassies/consulates will not issue that certificate unless:

There is an effective divorce decree, or
Some other legal dissolution of the prior marriage under their national law.

Without proof of legal capacity, the local civil registrar in the Philippines should not issue a marriage license.

3. The specific scenario: married foreigner applying for a marriage license with spouse’s consent

3.1. Key question

Can a foreigner who is currently married abroad legally apply for (and be granted) a marriage license in the Philippines to marry someone else, if the first spouse consents in writing?

3.2. Short answer

No. The consent of the first spouse does not cure the lack of legal capacity and does not make the second marriage valid under Philippine law.

3.3. Why consent is legally irrelevant

Under Philippine law:

The impediment is the existence of a prior subsisting marriage.
This is an objective legal fact, not something that can be waived by private agreement.
Even if the first spouse says, “I freely allow my spouse to marry someone else,” the second marriage is still bigamous under Philippine rules (and typically under the foreigner’s own law unless they’re from a polygamous system and even then, Philippine policy comes in).

In other words, consent cannot override:

The Family Code provisions on void bigamous marriages
The Revised Penal Code provisions punishing bigamy
The public policy favoring monogamous marriage

4. Application for a marriage license: what actually happens

4.1. Information required

When applying for a marriage license at the local civil registrar, both parties typically must declare, under oath:

Name, age, nationality, and residence
Civil status (e.g., single, married, widowed, annulled, divorced)
Details of any previous marriage and its termination (death, annulment, divorce, etc.)

These declarations are usually contained in a sworn application form.

4.2. Consequences of truthfully stating “married”

If the foreigner truthfully indicates that they are still married, the civil registrar should:

Recognize that a legal impediment exists, and
Refuse to issue a marriage license, because the applicant lacks capacity to marry another person.

Even a written consent from the first spouse does not change this.

4.3. Consequences of lying (e.g., claiming “single”)

If the foreigner falsely claims to be single, widowed, or divorced when actually still married, that can lead to:

Falsification or perjury charges (false statements in a public document, sworn application)
Potential nullity of the marriage, since the second marriage is bigamous
Possible criminal liability for bigamy

The fact that the first spouse “knew about it” or even “agreed to it” doesn’t cure the crime or the civil invalidity.

5. Criminal liability: bigamy (and related offenses)

5.1. Bigamy under the Revised Penal Code

Bigamy is committed when a person:

Contracts a second or subsequent marriage;
The first marriage is still valid and subsisting;
The second marriage has all essential requisites of a valid marriage (other than the impediment); and
The offender knew that the first marriage still existed.

Key points:

Consent of the first spouse is not a defense.
The crime can be prosecuted in the Philippines if the second marriage is celebrated here, regardless of where the first marriage occurred.

5.2. Other possible criminal issues

Falsification of public documents – if false civil status is declared in the license application.
Use of fictitious documents – if fake divorce decrees or fabricated documents are used.

These risks apply to both:

The married foreigner, and sometimes
The Filipino partner, if they participated knowingly.

6. Special complications and edge cases

6.1. Foreign divorce obtained before the Philippine marriage

If the foreigner has already obtained a valid divorce under their national law before applying for a license in the Philippines, then:

As a foreigner, their capacity is generally governed by their national law.
A valid foreign divorce that actually dissolved the prior marriage usually restores their capacity to marry.
The divorce decree (with official translation and sometimes authentication) is typically presented along with the Certificate of Legal Capacity to Marry from the embassy.

In such a case, the foreigner is no longer “married” in the legal sense, so there is no bigamy.

Note: This is very different from simply having “spouse’s consent” while the marriage is still legally in force.

6.2. Legal separation abroad (no actual divorce)

Legal separation in many countries (and in Philippine law) does not dissolve the marriage. The parties remain husband and wife; they are just allowed to live separately or regulate property, custody, etc.

If a foreigner is only legally separated (no divorce), they are still married for purposes of capacity to marry.
They cannot validly remarry in the Philippines just by presenting a legal separation order plus spouse’s consent.

6.3. Polygamous foreign legal systems

Some foreign nationals come from countries where polygamy is legally permitted for their religious or cultural group.

Even if the foreigner’s national law allows a second or third wife:

The Philippines does not generally allow the celebration of polygamous marriages under its own legal system.
Philippine public policy strongly favors monogamy, and bigamous/polygamous marriages are classified as void under the Family Code (unless falling under very specific exceptions, e.g., certain Muslim marriages under special laws—but those are for particular groups and governed by special codes).

In practice, a married foreigner from a polygamous system should not expect to be legally allowed to take another spouse in a marriage celebrated before a Philippine local civil registrar, just by invoking their national law and their first spouse’s consent.

6.4. Same-sex marriages or partnerships involving a married foreigner

If a foreigner is:

Already married (heterosexually or homosexually), and
Wants to enter into another union in the Philippines,

Additional issues arise:

Philippine law (as of today) does not recognize same-sex marriage or civil unions as marriages under the Family Code.
If the foreigner wants a second opposite-sex marriage while a first opposite-sex marriage exists, the usual bigamy rules apply.
If a foreigner is in a same-sex marriage abroad and tries to marry a person of the opposite sex here, questions of prior existing marriage and public policy still arise; at minimum, civil registrars will examine capacity very carefully.

In any case, consent of the first spouse does not eliminate the legal impediment if the prior marriage is recognizable as valid for purposes of Philippine law.

6.5. First marriage not registered in the Philippines

Some foreigners assume: “My first marriage is not recorded in the Philippines, so it doesn’t count.”

That’s incorrect.

Validity of a foreign marriage is not dependent on Philippine registration.
If the first marriage is valid under the law of the place where it was celebrated and the parties’ national laws, it is treated as a real marriage, even if it has no entry in Philippine records.
Concealing it and then remarrying in the Philippines can still amount to bigamy and result in a void marriage.

7. Administrative side: what the local civil registrar should do

From the civil registrar’s perspective:

Assess the documents
- For a foreigner: passport, CLCCM or equivalent, divorce decree (if previously married), etc.
Check civil status
- If clearly married and no valid dissolution is shown, no license should be issued.
Reject unusual “consent letters”
- A letter from the first spouse saying “I allow him/her to marry again” has no legal effect and should not be treated as curing the impediment.

If a registrar nonetheless issues a license despite evident lack of capacity, the marriage itself can still be void, and liability may arise for those who knowingly facilitated it.

8. Immigration and practical consequences

Even if somehow a second marriage goes through (because the civil registrar did not detect the prior marriage, or false information was given), serious issues can arise later:

Nullity proceedings: The second marriage can be declared void for being bigamous, which affects property regimes, inheritance, legitimacy of children, etc.
Immigration problems: For example, if the Filipino spouse later applies for a visa abroad using that marriage, the foreign authorities may scrutinize the marital history and discover the prior existing marriage, causing denials or complications.
Criminal exposure: Bigamy or falsification cases can be filed years later if the first spouse or other parties decide to pursue them.

9. What must be done instead if the foreigner genuinely wants to remarry

If a married foreigner truly wishes to enter into a valid marriage in the Philippines, the correct steps generally involve:

Legally dissolving the first marriage under their national law, if that law allows divorce.
Obtaining a final divorce decree and ensuring it is:
- Properly authenticated/legalized, and
- Translated into English if necessary.
Securing from their embassy/consulate a Certificate of Legal Capacity to Contract Marriage, based on that divorce.
Presenting those documents to the Philippine local civil registrar when applying for the marriage license.

Only when the prior marriage is legally dissolved (so that the foreigner is no longer married in the eyes of the law) does the issue of bigamy disappear.

Spouse’s consent is never a substitute for actual legal dissolution of the first marriage.

10. Summary and key takeaways

The Philippines follows a monogamous marriage system.
A subsisting prior marriage is an absolute impediment to contracting another marriage.
This rule applies even to foreigners marrying in the Philippines.
A married foreigner cannot lawfully obtain a marriage license in the Philippines to marry another person while the first marriage exists, even if the prior spouse fully consents.
Spouse’s consent does not:
- Create legal capacity to marry
- Cure bigamy
- Prevent criminal liability
- Make the second marriage valid
Attempting to proceed anyway may lead to:
- Void marriage (civilly)
- Bigamy and falsification charges (criminally)
- Long-term problems with immigration, property, and family rights
The proper remedy is legal dissolution of the first marriage (e.g., valid divorce/annulment recognized under applicable law), followed by obtaining proof of legal capacity to marry and then applying for a license.

Final note

This is a general legal discussion, not a substitute for case-specific legal advice. Individual situations can be complex: nationality, prior marriages, foreign divorces, religious laws, and immigration plans can all change the legal analysis in important ways. Anyone in this scenario should consult a Philippine lawyer (and often also a lawyer in the foreigner’s home country) before taking any step involving a new marriage.