In the Philippines, marriage is not merely a contract but a social institution regulated by law. For foreign nationals wishing to wed within the archipelago, the most critical preliminary document is the Certificate of Legal Capacity to Contract Marriage.
This requirement is rooted in Article 21 of the Family Code of the Philippines, which ensures that the foreign party is not restricted by the laws of their home country from entering into a valid union.
1. What is the Certificate of Legal Capacity?
The Certificate of Legal Capacity to Contract Marriage is a sworn statement issued by the diplomatic or consular office of the foreigner’s country of origin. It serves as official proof that:
- The individual is of legal age to marry.
- There are no legal impediments (such as a subsisting prior marriage or prohibited degrees of relationship) according to their national laws.
Why is it required?
The Philippine government does not have jurisdiction to determine the marital status or legal eligibility of a foreign citizen based on their home country’s records. Therefore, the burden of proof lies with the foreigner to provide certification from their own government.
2. Where to Obtain the Certificate
Foreigners must apply for this document at their respective Embassy or Consulate general located in the Philippines.
Important Note: Stateless persons or refugees who do not have an embassy in the Philippines must submit an affidavit in lieu of the certificate, which is then processed through the Department of Foreign Affairs (DFA).
3. General Requirements for the Application
While specific requirements vary by embassy (e.g., the U.S. Embassy utilizes an "Affidavit in Lieu of a Certificate of Legal Capacity," whereas the Japanese or British embassies have different protocols), the following documents are standard:
Valid Passport: To prove identity and citizenship.
Proof of Marital Status:
For Single Individuals: A Certificate of No Marriage (CENOMAR) or equivalent from their home country.
For Divorced Individuals: A final Decree of Divorce. (Note: The Philippines recognizes foreign divorces if validly obtained by the alien spouse).
For Widowed Individuals: A death certificate of the deceased spouse.
Birth Certificate: An original or certified true copy.
4. Procedure in the Philippine Local Civil Registry
Once the certificate is obtained from the embassy, it must be presented to the Local Civil Registrar (LCR) of the city or municipality where the Philippine party resides.
The Marriage License Process
- Submission: The Certificate of Legal Capacity is submitted along with the marriage license application.
- Mandatory Posting: A notice of the application is posted for ten (10) consecutive days at the local city hall to allow for any objections.
- Issuance: If no impediments are found after the 10-day period, the Marriage License is issued. It is valid for 120 days anywhere in the Philippines.
5. Key Legal Nuances
The "National Law" Rule
Under Article 15 of the Civil Code, laws relating to family rights and duties, or to the status, condition, and legal capacity of persons, are binding upon citizens of a country even if they are residing abroad. This is why the Philippines defers to the foreigner's national law regarding their fitness to marry.
Recognition of Foreign Divorce
If a foreigner was previously married to a Filipino and obtained a divorce abroad, that divorce must be judicially recognized by a Philippine court before the Filipino party can remarry. However, for the foreigner, the Certificate of Legal Capacity from their embassy usually suffices to prove they are now "single" under their own laws.
Parental Consent/Advice
If the foreign national is below a certain age (typically 21 to 25, depending on their national law and Philippine supplemental requirements), they may still need to provide proof of parental consent or advice, though the Certificate of Legal Capacity often encompasses these permissions.
6. Summary Table: Documentary Flow
| Step | Document | Issuing Authority |
|---|---|---|
| 1 | Proof of Status (Divorce/CENOMAR) | Foreigner's Home Country |
| 2 | Certificate of Legal Capacity | Foreigner's Embassy in PH |
| 3 | Marriage License Application | Local Civil Registrar (LCR) |
| 4 | Marriage License | Local Civil Registrar (LCR) |
Failure to provide this certificate is a ground for the denial of a marriage license. Marrying without a valid license (unless under exceptional circumstances like articulo mortis) renders the marriage void from the beginning (void ab initio) under Philippine law.