In the Philippines, marriage is not merely a contract but a social institution under the protection of the State. For foreign nationals wishing to wed within Philippine territory, the legal process is governed primarily by the Family Code of the Philippines. The most critical prerequisite for any foreigner is proving their legal capacity to marry, a safeguard intended to prevent bigamous marriages and ensure compliance with both Philippine and international laws.

1. The Legal Basis: Article 21 of the Family Code

Under Article 21 of the Family Code, when one or both parties to a proposed marriage are foreign citizens, they are required to submit a specific document before a marriage license can be issued:

"When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials."

This requirement serves as official notification to the Philippine government that there are no legal impediments (such as an existing prior marriage) under the foreigner’s national laws that would prevent them from entering into a new union.

2. The Primary Document: Certificate of Legal Capacity to Marry (LCCM)

The Certificate of Legal Capacity to Marry (LCCM) is the "gold standard" requirement. It is issued by the embassy or consulate of the foreigner's home country located in the Philippines.

How to Obtain the LCCM:

Each country has its own internal procedures, but generally, the foreign national must present the following to their embassy:

Proof of Identity: A valid passport.
Proof of Civil Status: * If Single: A birth certificate and/or a "Certificate of No Marriage" (CENOMAR) or equivalent from their home country.
If Divorced: A final decree of divorce. Note that the Philippines recognizes foreign divorces obtained by a foreign spouse, provided they are valid under that spouse's national law.
If Widowed: The death certificate of the deceased spouse.

3. Specific Requirements for Stateless Persons or Refugees

If the foreign national is a stateless person or a refugee—someone who does not have a diplomatic or consular representative in the Philippines—Article 21 provides an alternative. Instead of an LCCM, they must submit an Affidavit stating their capacity to marry. This affidavit must be executed before a Philippine official authorized to administer oaths.

4. The Role of the Local Civil Registrar (LCR)

Once the LCCM is obtained, it must be submitted to the Local Civil Registrar (LCR) of the city or municipality where the marriage license application is being filed.

Essential Submission Checklist:

Original LCCM: The LCR will not accept copies.
Passport: For verification of citizenship and entry status.
Birth Certificate: Usually required to verify parentage and age.
Affidavit of Parental Consent/Advice: If the foreign national is below the age of 25, depending on their national law and the LCR’s interpretation of the Family Code's age requirements.

5. Mandatory Ten-Day Posting Period

After the application and the LCCM are submitted, the LCR is required by law to post a notice of the application for ten consecutive days. This period is mandatory and cannot be waived. It allows any party with knowledge of a legal impediment to the marriage to come forward. The marriage license is issued only after the 10th day has passed without any objections.

6. Critical Legal Nuances

Recognition of Foreign Divorces

While the Philippines does not have a domestic divorce law (except for Muslims), it recognizes divorces obtained abroad by foreign nationals. However, for a Filipino citizen previously married to a foreigner who has since divorced, the Filipino spouse must undergo a Judicial Recognition of Foreign Divorce in a Philippine court before they are legally free to remarry.

Statutory Validity

A marriage license issued in the Philippines is valid for 120 days from the date of issue and is effective in any part of the country. If the 120-day period expires without the marriage taking place, the license becomes void, and the foreign national may need to re-apply for a new LCCM if the previous one has also expired.

Exemptions

Foreigners are only exempt from the marriage license requirement (and thus the LCCM) under specific circumstances outlined in the Family Code, such as:

Marriages in Articulo Mortis: When one party is at the point of death.
Marriages in Remote Places: Where there is no means of transportation to the LCR.
Marriages between persons who have lived together as husband and wife for at least five years: Provided there was no legal impediment to marry during those five years (Art. 34). However, many LCRs remain strict with foreigners regarding Article 34 due to the difficulty of verifying foreign civil status without an LCCM.