Introduction

In the Philippines, marriage is a fundamental institution governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended), which outlines the essential and formal requisites for a valid marriage. For foreigners intending to marry in the country—whether to a Filipino citizen or another foreigner—the concept of legal capacity to marry is central. Legal capacity refers to the absence of any legal impediments that would render the marriage void or voidable. This article provides a comprehensive examination of the requirements, procedures, and considerations specific to foreigners, drawing from Philippine laws, jurisprudence, and administrative practices. It covers eligibility criteria, documentary requirements, potential impediments, and special scenarios, ensuring a thorough understanding within the Philippine legal context.

Essential Requisites Under the Family Code

The Family Code establishes two essential requisites for marriage under Article 2: (1) legal capacity of the contracting parties, who must be a male and a female; and (2) consent freely given in the presence of the solemnizing officer. For foreigners, the focus is predominantly on the first requisite, as it encompasses age, marital status, mental competence, and freedom from prohibited relationships.

Age Requirements

Both parties must be at least 18 years old at the time of marriage (Article 5, Family Code). Minors under 18 cannot marry, even with parental consent, as the law prohibits such unions to protect against child marriages.
For foreigners aged 18 to 21, parental consent is required if they are marrying a Filipino, though this is more pertinent to the Filipino party. Foreigners must comply with their national laws on age, but Philippine law prevails in determining validity within its jurisdiction.

Gender Requirement

Philippine law recognizes marriage only between a biological male and a female (Article 2). This aligns with the 1987 Constitution's emphasis on marriage as the foundation of the family. Transgender individuals who have undergone sex reassignment may face challenges, as the Supreme Court in Silverio v. Republic (G.R. No. 174689, 2007) ruled that sex is determined at birth and cannot be changed for marriage purposes without legislative action.

Documentary Proof of Legal Capacity

Foreigners must substantiate their legal capacity through specific documents, as Philippine authorities do not assume foreign eligibility without verification.

Certificate of Legal Capacity to Contract Marriage (CLCCM)

The cornerstone document is the CLCCM, issued by the foreigner's embassy or consulate in the Philippines. This certifies that, under the laws of the foreigner's country, there are no legal impediments to marriage (Article 21, Family Code).
If the embassy refuses to issue it (e.g., due to the foreigner's existing marriage or other issues), the marriage cannot proceed.
For stateless persons or refugees, alternative affidavits or certifications from the United Nations High Commissioner for Refugees (UNHCR) or equivalent bodies may be accepted, subject to Philippine Immigration approval.

Additional Supporting Documents

Valid passport or travel document to establish identity and nationality.
Birth certificate, authenticated by the issuing country's authorities and legalized via apostille (if from a Hague Apostille Convention country) or embassy authentication (otherwise).
If previously married: Proof of termination of prior marriage, such as a death certificate for widows/widowers, or a divorce decree for divorced individuals.
Affidavit of single status or equivalent, sworn before a notary or consular officer, if not covered by the CLCCM.

All foreign documents must be translated into English or Filipino if in another language, with translations certified by the embassy or a competent translator.

Marital Status and Impediments

Legal capacity hinges on the absence of impediments listed in Articles 37 and 38 of the Family Code, which apply universally, including to foreigners.

Prior Marriage

Bigamous or polygamous marriages are void (Article 35). Foreigners must prove they are single, widowed, or validly divorced.
The Philippines does not recognize absolute divorce for Filipino citizens (Article 26), but for foreigners, a divorce obtained abroad is valid if it complies with the foreigner's national law and was initiated by the foreign spouse (Republic v. Orbecido, G.R. No. 154380, 2005). This is known as the "nationality principle" under Article 15 of the Civil Code.
If a foreigner was previously married to a Filipino and seeks to remarry, the prior marriage must be annulled or declared null under Philippine law, not divorced abroad, as Philippine courts retain jurisdiction.

Prohibited Relationships

Incestuous marriages are void, including those between ascendants and descendants, siblings (full or half-blood), or collateral relatives up to the fourth degree (Article 37).
Marriages between relatives by affinity (e.g., step-siblings) in certain degrees are also prohibited if resulting from void marriages (Article 38).
Foreigners must declare any such relationships, and Philippine officials may require affidavits to confirm compliance.

Mental Incapacity

Parties must be of sound mind (Article 45). Psychological incapacity, as interpreted in Republic v. Molina (G.R. No. 108763, 1997), can void a marriage if proven to exist at the time of celebration. Foreigners with mental health issues must provide medical clearances if flagged during the application process.

Other Impediments

Marriages contracted through mistake of identity, fraud, intimidation, or undue influence are voidable (Articles 45-47).
Impotence or sexually transmitted diseases undisclosed before marriage can lead to annulment.

Procedural Requirements for Marriage Application

To exercise legal capacity, foreigners must navigate the marriage license application process under the Local Civil Registrar (LCR).

Marriage License

Apply at the LCR of the municipality or city where one party resides (Article 9). For foreigners, this is typically where the Filipino spouse resides or where the marriage will occur.
Waiting period: 10 days from application to issuance (Article 15), during which notices are posted publicly.
Validity: 120 days from issuance (Article 16).

Pre-Marriage Seminar

Mandatory attendance at a family planning and responsible parenthood seminar (Presidential Decree No. 965). Foreigners are not exempt and must participate, often through the LCR or Department of Social Welfare and Development (DSWD).

Solemnizing Officers

Marriages can be solemnized by judges, mayors, priests, rabbis, imams, or consular officials (Article 7). For civil marriages involving foreigners, consular solemnization is possible if authorized by the foreigner's country.

Special Considerations for Mixed Marriages

Marrying a Filipino Citizen

Additional scrutiny applies due to anti-mail-order bride laws (Republic Act No. 6955) and human trafficking concerns (Republic Act No. 9208, as amended).
Foreigners must comply with immigration laws; overstaying visas can bar marriage.
Post-marriage, the foreigner may apply for permanent residency under the Philippine Immigration Act of 1940, but legal capacity must be established pre-marriage.

Same-Nationality Marriages

Two foreigners can marry in the Philippines if they meet all requirements. The marriage is valid under Philippine law but must also comply with their national laws for recognition abroad.

Religious Marriages

For Catholic marriages, foreigners need baptismal certificates and confirmation of freedom to marry from their parish. The Canonical Interview verifies legal capacity.

Immigration and Visa Implications

While not directly part of legal capacity, immigration status affects the ability to marry.

Foreigners must hold a valid visa (e.g., tourist, fiancé(e), or immigrant). Marriage on a tourist visa is permissible but may require extension.
The Bureau of Immigration (BI) may investigate suspicious marriages for visa fraud.
Under Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act), marriages involving coercion or exploitation are criminalized.

Jurisprudential Insights

Philippine courts have clarified aspects of foreign legal capacity:

In Van Dorn v. Romillo (G.R. No. L-68470, 1985), the Supreme Court recognized a foreign divorce's effect on a mixed marriage, allowing the Filipino spouse to remarry.
Quita v. Court of Appeals (G.R. No. 124862, 1998) emphasized that the foreigner's nationality determines divorce validity.
Cases like Republic v. Cipriano Orbecido III extended recognition to divorces where the foreign spouse obtains it abroad.

Challenges and Remedies

Document Authentication Delays: Apostille processes can take time; plan accordingly.
Refusal of CLCCM: Appeal to the Department of Foreign Affairs (DFA) or seek judicial declaration.
Void Marriages: If legal capacity is lacking, the marriage is null ab initio, leading to bigamy charges if remarrying without annulment.
Annulment Proceedings: Foreigners can file for annulment in Philippine courts if domiciled here (Article 26).

Conclusion

Ensuring legal capacity for foreigners marrying in the Philippines demands meticulous compliance with the Family Code, documentary proofs, and procedural steps. This safeguards the validity of the union and aligns with the state's interest in protecting family integrity. By addressing age, marital status, relationships, and mental competence, while navigating embassy certifications and local registrations, foreigners can successfully contract marriage. Awareness of these requirements prevents legal pitfalls and facilitates a seamless process.