Marriage in the Philippines is not merely a contract but a "social institution" protected by the State. For foreign nationals wishing to wed within the archipelago, the process is governed strictly by the Family Code of the Philippines (Executive Order No. 209). Compliance with both essential and formal requisites is mandatory to ensure the marriage is legally binding and recognized both locally and internationally.

I. The Concept of Legal Capacity

Under Philippine law, legal capacity refers to the party's eligibility to enter into a marriage contract. For a foreign national, this capacity is determined by their national law, but it must also satisfy the prohibitory provisions of Philippine law (e.g., age and incestuous relations).

The Certificate of Legal Capacity to Marry (LCCM)

Pursuant to Article 21 of the Family Code, when a party to a marriage is a foreign national, they are required to provide a Certificate of Legal Capacity to Marry.

Issuing Authority: This document must be issued by the diplomatic or consular officials of the foreigner's country of origin stationed in the Philippines.
Purpose: It serves as official sworn evidence that the foreign national is not under any legal impediment to marry according to their home country’s laws (e.g., they are of legal age and are currently single, divorced, or widowed).
Stateless Persons: In the case of stateless persons or refugees, an affidavit stating the circumstances of their legal capacity shall suffice in lieu of a certificate from a diplomatic office.

II. Essential and Formal Requisites

For a marriage to be valid, the following elements must be present:

Legal Capacity: The contracting parties must be a male and a female, at least 18 years of age, and free from any legal impediments.
Consent: Freely given in the presence of the solemnizing officer.
Authority of the Solemnizing Officer: The marriage must be performed by someone legally authorized (e.g., a member of the judiciary, a registered priest/minister, or a consul-general in specific cases).
A Valid Marriage License: Except in specific cases provided by law, a license issued by the Local Civil Registrar (LCR) is indispensable.
A Marriage Ceremony: The parties must personally appear before the solemnizing officer and declare that they take each other as husband and wife in the presence of at least two witnesses of legal age.

III. Documentary Requirements for the Marriage License

The foreign national and their Filipino partner must apply for a marriage license at the LCR of the city or municipality where one of them habitually resides. The following documents are typically required:

For the Foreign National:
- Original Certificate of Legal Capacity to Marry.
- Passport (Bio-page and latest arrival stamp).
- Birth Certificate (Authenticated or Apostilled if required).
- If divorced: A copy of the Final Decree of Absolute Divorce (Note: The Philippines only recognizes foreign divorces if the foreigner was the one who obtained it or if it is validly issued under their national law).
- If widowed: Death certificate of the deceased spouse.
For the Filipino National:
- PSA-issued Birth Certificate.
- Certificate of No Marriage (CENOMAR): Issued by the Philippine Statistics Authority (PSA).
- Valid Government ID.
Joint Requirements:
- Pre-Marriage Counseling and Family Planning Seminar (Required for those aged 18 to 25, but often mandatory for all applicants in many municipalities).

IV. Mandatory Waiting Period

Once the application for a marriage license is filed, the LCR will post a notice of the application for ten (10) consecutive days. The license is only issued after the completion of this period. This "posting period" is intended to allow any person to inform the registrar of any known impediments to the marriage.

The marriage license is valid for 120 days from the date of issue and can be used anywhere in the Philippines.

V. Solemnization and Registration

The ceremony must be performed by an authorized solemnizer. Following the ceremony, the Marriage Certificate must be signed by the parties, the witnesses, and the solemnizer.

The solemnizing officer is duty-bound to transmit the copies of the Marriage Certificate to the LCR of the place where the marriage was performed within fifteen (15) days (or 30 days for marriages exempt from the license requirement). The LCR then registers the marriage and forwards the record to the PSA for national archiving.

VI. Important Legal Considerations

Parental Consent vs. Advice: If either party is between 18 and 21, Parental Consent is required. If between 21 and 25, Parental Advice must be sought. Failure to obtain these can make the marriage voidable.
Divorce in the Philippines: Since the Philippines does not have a domestic divorce law (except for Muslims), a Filipino spouse can only remarry if the foreign spouse validly obtains a divorce abroad that enables them to remarry. This foreign divorce must be judicially recognized by a Philippine court through a Petition for Recognition of Foreign Judgment.
Consular Marriages: Under Article 10 of the Family Code, marriages between Filipinos lived abroad may be solemnized by Philippine consuls or ambassadors. However, two foreign nationals cannot be married in a Philippine consulate.