In the Philippines, marriage is not merely a contract but a social institution under the protective mantle of the State. For foreign nationals seeking to enter into this legal union within Philippine jurisdiction, the process is governed by a intersection of the Family Code of the Philippines and international legal principles.
The primary hurdle for any foreign national is proving their legal capacity to marry—essentially, a formal certification that no legal impediment exists under their home country's laws that would prevent the marriage.
1. The Certificate of Legal Capacity to Marry
Pursuant to Article 21 of the Family Code, when one or both parties to a proposed marriage are citizens of a foreign country, they are required to submit a Certificate of Legal Capacity to Marry.
- Issuing Authority: This document must be issued by the diplomatic or consular officials of the foreign national's country of origin stationed in the Philippines.
- Purpose: Since Philippine civil registrars are not experts in foreign domestic laws, this certificate serves as official reciprocity, ensuring the marriage will be recognized both in the Philippines and the foreigner’s home country.
- Stateless Persons: In the case of stateless persons or refugees, an affidavit stating their capacity to marry may be accepted in lieu of a certificate, provided it is supported by sufficient evidence of their status.
2. Documentary Requirements for the Marriage License
Before a marriage can be solemnized, the parties must apply for a marriage license at the Local Civil Registrar (LCR) of the city or municipality where one of the parties habitually resides. For foreign nationals, the following are typically required:
- Valid Passport: To establish identity and citizenship.
- Certificate of Legal Capacity to Marry: The original document issued by their embassy or consulate.
- Birth Certificate: An official copy, often required to be apostilled or authenticated if issued abroad.
- Divorce Decree or Annulment Papers (if applicable): The Philippines does not have a domestic divorce law for non-Muslims, but it recognizes valid foreign divorces obtained by a foreign spouse. The foreign national must present the final judgment of divorce to prove they are "single" or "widowed" and free to remarry.
- Death Certificate of Deceased Spouse (if widowed): To prove the dissolution of the prior marriage.
3. The 10-Day Posting Period
Once the application for a marriage license is filed, the LCR is mandated by law to post a notice of the application for ten consecutive days. The license is only issued after this period, provided no objections are raised. This rule applies equally to foreigners and cannot be waived for convenience.
4. Special Considerations: Recognition of Foreign Divorces
A critical nuance in Philippine law is Article 26, Paragraph 2 of the Family Code. While a foreign national may have a "legal capacity" certificate, if they were previously married to a Filipino citizen and obtained a divorce abroad, that divorce must be judicially recognized by a Philippine court before the Filipino party is considered "cleared" to remarry under Philippine law.
5. Summary Table: Essential Steps
| Requirement | Description |
|---|---|
| Legal Capacity | Must be obtained from the foreigner's embassy in the Philippines. |
| Presence | Both parties must personally apply for the license at the Local Civil Registrar. |
| Validity | A marriage license is valid for 120 days from the date of issue and is valid anywhere in the Philippines. |
| Solemnization | The marriage must be performed by an authorized solemnizing officer (e.g., a judge, priest, or minister). |
6. Legal Impediments
Foreigners must also adhere to the "prohibited marriages" defined under Philippine law, regardless of their own country's customs. These include:
- Incestuous Marriages: Marriages between ascendants and descendants, or siblings.
- Public Policy Marriages: Marriages between first cousins or those involving parties under the age of 18 (even with parental consent).
Failure to comply with these requirements, particularly the submission of the Certificate of Legal Capacity, renders the marriage void from the beginning (void ab initio) for lack of a formal requisite, potentially leading to significant legal complications regarding property, inheritance, and residency status.