Marriage Requirements for Foreign Nationals in the Philippines
A comprehensive guide under Philippine law
1. Legal Framework
| Primary Source | Key Provisions |
|---|---|
| Family Code of the Philippines (Exec. Order No. 209, as amended) | Arts. 1–54 set out the essential and formal requisites of marriage; Arts. 9–34 govern the marriage licence and exemptions; Art. 26 §2 on recognition of a foreign divorce when one spouse is foreign. |
| Civil Code of the Philippines (Book I, Title III) | Remains relevant for the property regime and capacity-to-act rules not altered by the Family Code. |
| Administrative Orders of the Office of the Civil Registrar General (OCRG) | Standardised forms and procedures for local civil registrars (LCRs). |
| Republic Acts 10354 & 10906 | Require a Pre-Marriage Orientation and Counselling (PMOC); prohibit “mail-order-spouse” schemes. |
| Rules on Notarial Practice (2004) & The Apostille Convention (PHL acceded 2019) | Authentication of foreign documents. |
| Philippine Immigration Act (Commonwealth Act 613) | 13(a) non-quota immigrant visa for the foreign spouse of a Filipino. |
2. Who May Marry
| Requirement | Detail |
|---|---|
| Age | Minimum 18 years. - 18–21 yrs: written parental consent (Art. 14). - 21–25 yrs: written parental advice (Art. 15). |
| Capacity | Each party must have legal capacity to marry. A foreign national proves this through a Certificate of Legal Capacity to Contract Marriage (CLCCM) or a notarised Affidavit of Legal Capacity if his/her embassy will not issue a CLCCM. |
| No subsisting marriage | If previously married, submit an authenticated divorce decree, annulment decision, or spouse’s death certificate. (In the Philippines only a court decree of nullity/annulment dissolves a prior Filipino marriage.) |
| No prohibited relationship | Consanguinity and affinity rules (Arts. 37–38). |
| Mental soundness & free consent | Vitiated consent voids the marriage (Art. 45). |
3. Essential and Formal Requisites (Arts. 2 & 3)
- Legal capacity of the contracting parties.
- Consent freely given in the presence of the solemnising officer.
- Authority of the solemnising officer (judge, priest/minister/imam, mayor, consul, or any person explicitly authorised under Art. 7).
- Marriage licence (unless exempt).
- Marriage ceremony with at least two witnesses of legal age, with the parties signing the marriage certificate.
4. Documentary Checklist for the Foreign Applicant
| Document | Notes |
|---|---|
| Passport (original & photocopies) | Proof of identity and age. |
| CLCCM / Affidavit of Legal Capacity | Issued by embassy/consulate or self-executed before a Philippine notary if the embassy refuses to issue (common for U.S., Chinese, some EU nationals). |
| Birth certificate | If available; must be translated into English and apostilled/authenticated. |
| Certificate of No Impediment, divorce decree, annulment decree, or death certificate | To show freedom to marry. |
| Parents’ consent/advice (where age-appropriate) | Notarised and apostilled. |
| Pre-Marriage Orientation & Counselling Certificate | Joint requirement with Filipino fiancée/fiancé; seminars are run by the LCR, DSWD-accredited counsellors, or religious organisations. |
| Two 1×1 or 2×2 ID photographs | LCR specification varies. |
| Barangay certificate of residency (if the foreigner is the resident applying for the licence) | Some LCRs require proof of local address. |
Tip: Have all foreign documents apostilled in the issuing country before arrival; if the country is not party to the Apostille Convention, have them authenticated by its foreign ministry and the Philippine embassy/consulate.
5. Applying for the Marriage Licence
- Where to file. With the LCR of the city/municipality where either party resides (no minimum residency period).
- Personal appearance of both parties is compulsory; fingerprints and sworn statements are taken on Application Form (Form 90).
- Fees. ₱100–₱350, depending on ordinances (exclusive of documentary stamps and seminar fees).
- Ten-day posting. The LCR posts the application on a public bulletin board for 10 consecutive days. Objections must be filed in writing.
- Release & validity. On the 11th day, the licence issues and remains valid for 120 days anywhere in the Philippines. Unused thereafter, it is deemed cancelled.
Exemptions: No licence is needed for:
- marriages in articulo mortis (Art. 27);
- remote-island marriages (Art. 28);
- Muslim and indigenous marriages performed under P.D. 1083;
- marriages among diplomat staff abroad (Art. 10) or solemnised by Philippine consular officers (Art. 10).
6. The Wedding Ceremony
Must be conducted within 120 days of receiving the licence.
| Solemnising Officer | Condition |
|---|---|
| Judge of a court | Within his territorial jurisdiction. |
| Mayor or city/municipal judge | Within his city/municipality. |
| Priest/minister/imam | Duly registered with the Civil Registrar General; after church banns or ecclesiastical clearance. |
| Ship captain or airplane chief | Only in articulo mortis and while in route. |
| Consul-general/consul | Solemnises between Filipino citizens abroad; not available where one party is foreign. |
After the ceremony, the officer, parties, and two witnesses sign three copies of the Marriage Certificate (Civil Registry Form No. 97). The officer files it with the LCR within 15 days (5 days for consul-solemnised marriages).
7. Post-Marriage Steps for the Foreign Spouse
Report the marriage to his/her own embassy for recognition in the home country.
Apply for an immigration upgrade (13(a) Non-Quota Immigrant Visa) with the Bureau of Immigration:
- marriage certificate (PSA-issued);
- proof of financial capacity or Filipino spouse’s notarised guarantee;
- BI fees and ACR-I card application.
Tax identification (TIN) and, if taking employment, an Alien Employment Permit (AEP) from the Department of Labor & Employment.
8. Property Relations & Other Legal Effects
| Scenario | Default Property Regime |
|---|---|
| No prenuptial agreement | Absolute Community of Property (ACP). Foreign spouses may not own Philippine land, but land titled solely to the Filipino spouse becomes community property subject to constitutional restrictions upon dissolution. |
| Prenuptial agreement executed | Must be in writing and notarised before the marriage. It removes the parties from ACP and is recorded in the LCR and registry of deeds. |
| Foreign divorce later obtained | Under Art. 26 §2 the Filipino spouse may remarry once the foreign divorce is proven and judicially recognised in a Philippine court. |
9. Penalties and Pitfalls
| Misstep | Consequence |
|---|---|
| Falsifying or omitting facts in the licence application | Criminal liability under the Revised Penal Code (Art. 171/172). |
| Cohabiting without a valid marriage after declaration of intent to marry | Acts of Lasciviousness or Concubinage implications. |
| Contracting a second marriage without dissolution of the first | Bigamy (Art. 349, RPC; penalty: up to 6 years & 1 day imprisonment). |
| Using a sham marriage for immigration benefits | Possible marriage fraud prosecution and deportation. |
10. Practical Guide & Best Practices
- Start early—embassy appointments for a CLCCM can take weeks.
- Bring multiple originals and at least five photocopies of every document.
- Attend the PMOC together—some LCRs insist both parties be physically present the entire day.
- Double-check the marriage certificate before signing; spelling errors require a judicial correction of entry later.
- Keep copies of all receipts and seminar certificates; they ease future dealings with the Bureau of Immigration.
- Consider a prenup if there is significant premarital property or foreign real estate.
- If the foreigner’s embassy will not issue a CLCCM, execute an Affidavit of Legal Capacity before a Philippine notary and attach a letter/notice from the embassy confirming its non-issuance practice.
11. Conclusion
Foreign nationals may freely marry in the Philippines, but they must prove freedom to marry in their own country, comply with the Family Code’s licence and ceremony rules, attend obligatory seminars, and file the marriage for registration. Meticulous observance of these requirements not only validates the union under Philippine law but also smooths the path for immigration, property, and future family concerns. Preparation, accurate documentation, and awareness of cultural-legal nuances are the keys to a trouble-free Philippine wedding.