Obtaining Legal Capacity to Contract Marriage for United States Citizens in the Philippines

Introduction

In the Philippines, marriage is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended), which establishes the essential and formal requisites for a valid marriage. For foreign nationals, including citizens of the United States, contracting marriage in the Philippines requires compliance with both Philippine law and the laws of their home country concerning legal capacity. Legal capacity refers to the absence of any legal impediment that would prevent an individual from entering into a marriage contract, such as being of legal age, not being currently married, and not falling under prohibited degrees of relationship.

Under Philippine law, United States citizens must obtain a Certificate of Legal Capacity to Contract Marriage (CLC) before they can secure a marriage license from a local civil registrar. This certificate, issued by the United States Embassy in Manila, serves as proof that the American citizen is legally eligible to marry under United States law. Without this document, Philippine authorities will not issue a marriage license, rendering the marriage invalid. This article provides a comprehensive overview of the legal framework, requirements, procedures, and related considerations for United States citizens seeking to obtain such capacity in the Philippine context.

Legal Basis under Philippine Law

The requirement for a certificate of legal capacity is explicitly mandated by Article 21 of the Family Code of the Philippines, which 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 provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or consular officials." This provision ensures that the marriage complies with the nationality principle, where the capacity of foreigners to marry is determined by their national laws, as per Article 15 of the Civil Code of the Philippines (Republic Act No. 386), which provides that laws relating to family rights and duties, or to the status, condition, and legal capacity of persons, are binding upon citizens of the Philippines even in a foreign country, and vice versa for foreigners in the Philippines.

In the absence of a diplomatic or consular official, or for stateless persons or refugees, an affidavit executed before a Philippine consul or other authorized official may suffice, but this does not apply to United States citizens, as the United States maintains an embassy in Manila with full consular services. The CLC does not guarantee the validity of the marriage under Philippine law; it merely certifies capacity under United States law. The marriage must still meet Philippine requisites, including free consent (Article 2), absence of impediments (Articles 35-38), and proper solemnization (Articles 3-6).

Philippine jurisprudence, such as in the case of Republic v. Orbecido (G.R. No. 154380, October 5, 2005), has clarified issues related to foreign divorces and capacity, emphasizing that foreign nationals must prove their capacity through official documentation. Failure to obtain the CLC can result in the marriage being declared void ab initio under Article 35(3) of the Family Code.

Requirements for United States Citizens

To obtain the CLC, United States citizens must demonstrate that they possess the legal capacity to marry under United States federal and state laws. United States marriage laws vary by state, but common requirements include being at least 18 years of age (or 16-17 with parental consent or court approval in some states), not being closely related by blood, and not being currently married. The CLC process verifies these elements through documentation and an affidavit.

The key requirements include:

Personal Appearance: Both the United States citizen and their fiancé(e) (if applicable, though only the American needs the CLC) must appear in person at the United States Embassy in Manila. Proxy appearances are not permitted.
Valid Identification: A valid United States passport is required as proof of citizenship and identity. Expired passports or other forms of ID (e.g., driver's licenses) are not accepted for this purpose.
Proof of Termination of Previous Marriages: If the applicant has been previously married, they must provide original or certified copies of documents proving the termination of prior marriages. This includes:
- Divorce decrees or annulment orders, which must be absolute and final under United States law.
- Death certificates if widowed.
- For divorces obtained abroad, additional authentication may be needed if the divorce involved a non-United States citizen, but for United States divorces, a certified copy from the issuing court suffices. Under Philippine law, as interpreted in Republic v. Manalo (G.R. No. 221029, April 24, 2018), foreign divorces are recognized if valid under the foreigner's national law, but the CLC process ensures this is verified.
Affidavit of Legal Capacity: The applicant must execute a sworn affidavit before a United States consular officer, affirming that they are single, divorced, or widowed; of legal age; and free of any legal impediments to marriage. The affidavit must include details such as full name, date and place of birth, current address, and the name of the intended spouse.
No Additional Medical or Residency Requirements: Unlike some countries, the Philippines does not require blood tests, medical examinations, or proof of residency for the CLC issuance. However, for the subsequent marriage license, the couple may need to attend a family planning seminar if either party is between 18 and 25 years old, as per Republic Act No. 10354 (Responsible Parenthood and Reproductive Health Act).
Fees: A consular fee is charged for notarizing the affidavit and issuing the CLC, typically in United States dollars or Philippine pesos at the prevailing exchange rate. Additional fees may apply for document authentication or copies.

Special considerations apply in certain cases:

Minors: If the United States citizen is under 18, they must comply with their state's laws on emancipation or parental consent, which must be documented in the affidavit.
Name Changes: If the applicant has legally changed their name (e.g., via court order), supporting documents must be provided.
Same-Sex Marriages: While same-sex marriage is legal in the United States following Obergefell v. Hodges (576 U.S. 644, 2015), it is not recognized in the Philippines under Article 1 of the Family Code, which defines marriage as between a man and a woman. Thus, CLCs for same-sex marriages are not issued for use in the Philippines, as the marriage would be void.
Polygamous or Incestuous Marriages: These are prohibited under both United States and Philippine laws (Articles 37-38 of the Family Code), and no CLC would be issued if such impediments exist.

Procedure for Obtaining the Certificate

The process for obtaining the CLC is straightforward but requires advance planning due to appointment availability and document preparation. The steps are as follows:

Schedule an Appointment: Appointments must be made online through the United States Embassy's website or consular services portal. Walk-ins are not accepted. The embassy is located at 1201 Roxas Boulevard, Manila, and operates during business hours, excluding holidays.
Prepare and Submit Documents: On the appointment date, present the required documents. The consular officer will review them and interview the applicant to confirm details.
Execute the Affidavit: The applicant swears or affirms the affidavit before the consular officer, who notarizes it. This affidavit is incorporated into the CLC.
Issuance of the Certificate: The CLC is typically issued on the same day, provided all documents are in order. It is valid for a limited period, usually 120 days from issuance, aligning with the validity of the Philippine marriage license under Article 20 of the Family Code.
Apostille or Authentication (if needed): For use in the Philippines, the CLC does not require an apostille since it is issued by a United States consular official in the country. However, supporting documents like divorce decrees may need authentication via the United States Department of State or apostille under the Hague Convention if obtained outside the United States.

Once obtained, the CLC is presented to the Local Civil Registrar (LCR) in the municipality or city where the marriage will take place, along with other documents for the marriage license application, such as birth certificates, parental consent (if applicable), and proof of identity for the Filipino spouse.

Validity, Use, and Potential Issues

The CLC is valid only for marriages solemnized in the Philippines and must be used within its expiration period. After issuance, the couple applies for a marriage license at the LCR, which involves a 10-day publication period to allow for objections (Article 16 of the Family Code). The license is valid for 120 days nationwide.

Common issues include:

Delays in Document Procurement: United States citizens should obtain divorce or death certificates well in advance, as mailing from the United States can take weeks.
Discrepancies in Documents: Mismatches in names or dates can lead to rejection; amendments via court order may be necessary.
Consular Availability: In areas outside Manila, honorary consuls may not have authority to issue CLCs, necessitating travel to the embassy.
COVID-19 or Emergency Restrictions: During public health emergencies, embassy services may shift to virtual or limited in-person, requiring checks on current protocols.
Post-Marriage Registration: After the marriage, the certificate must be registered with the Philippine Statistics Authority (PSA) and reported to the United States Embassy for consular report of marriage abroad, ensuring recognition in the United States.

In cases of denial, applicants can appeal to the embassy or provide additional evidence. If the marriage proceeds without the CLC, it risks being declared null and void, affecting property rights, legitimacy of children, and immigration status.

Conclusion

Obtaining legal capacity to contract marriage as a United States citizen in the Philippines is a critical step that bridges United States and Philippine legal systems, ensuring the marriage's validity. By adhering to the requirements and procedures outlined in the Family Code and consular guidelines, couples can avoid legal pitfalls and solemnize their union effectively. Prospective spouses are advised to consult legal experts in both jurisdictions for personalized guidance, particularly in complex cases involving prior marriages or special circumstances. This process underscores the Philippines' commitment to respecting international comity while safeguarding the institution of marriage.