Marriage in the Philippines is governed by the Family Code of the Philippines (Executive Order No. 209, series of 1987, as amended). A marriage license constitutes one of the formal requisites under Article 3 and is mandatory except in the limited cases enumerated in Chapter 2 of Title I (Articles 27 to 34). When one or both contracting parties are foreigners, additional rules apply to ensure compliance with both Philippine law and the national law of the foreign party, particularly the requirement of legal capacity to marry.

Legal Capacity and General Qualifications

Any male or female who has attained the age of eighteen years or upward, and who is not disqualified by any legal impediment, may contract marriage (Article 5). The essential requisites are legal capacity of the parties and their free consent (Article 2). Formal requisites include the authority of the solemnizing officer, a valid marriage license (unless exempted), and a marriage ceremony with the personal appearance of the parties before the solemnizing officer and at least two witnesses of legal age (Article 3).

Legal impediments that render a marriage void include existing valid marriages (bigamy), relationships within prohibited degrees of consanguinity or affinity (Articles 37 and 38), and lack of legal capacity due to age or other grounds. The Local Civil Registrar (LCR) examines documents to detect apparent impediments before issuing a license.

Place of Application

Under Article 9, the marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. When one party is a foreigner without habitual residence in the Philippines, the application is ordinarily filed in the city or municipality where the Filipino party resides or where the marriage is to be celebrated, provided the LCR accepts jurisdiction. Both parties must personally appear before the LCR; appearance through an attorney-in-fact is not permitted.

Procedure for Application

The contracting parties file a sworn written application with the LCR using the form prescribed by the office. The application must contain the full names, ages or dates of birth, places of birth, civil status, nationality or citizenship, and residence of each party, together with a declaration that they possess the necessary qualifications and have no legal impediments to marriage (Article 10).

Upon submission of complete documents, the LCR posts a notice of the application for ten consecutive days in a conspicuous place in the office. Any person who knows of a legal impediment may file a written opposition during this period. After the posting period, and once any opposition has been resolved in favor of the applicants or no opposition has been filed, the LCR issues the marriage license (Articles 11 and 12).

Documentary Requirements

For the Filipino contracting party:

Philippine Statistics Authority (PSA) Certificate of Live Birth (or LCR-issued birth certificate if recently registered).
PSA Certificate of No Marriage (CENOMAR).
If previously married: PSA Death Certificate of the deceased spouse, or a certified true copy of the final judgment of annulment or declaration of nullity with certificate of finality.
If the previous marriage was with a foreigner and a divorce was validly obtained abroad by the foreign spouse capacitating remarriage, the authenticated foreign divorce decree together with proof of the foreign spouse’s capacity to remarry (Article 26, paragraph 2).
Valid government-issued identification card.
Two to four 2×2 recent photographs (exact number determined by the LCR).

For the foreign contracting party:

Valid foreign passport (original presented for verification; photocopy retained).
Certificate of Legal Capacity to Contract Marriage issued by the diplomatic or consular office of the foreigner’s country stationed in the Philippines. This certificate must state the foreigner’s age, civil status, and capacity to marry under the laws of his or her country. The diplomatic or consular official has the duty to verify compliance with the requirements of the foreigner’s national law (Article 21).
If the foreigner’s country maintains no diplomatic or consular office in the Philippines, a certificate issued by the competent authority in the home country, duly authenticated by the Philippine embassy or consulate in that country (or apostilled pursuant to the Apostille Convention, to which the Philippines is a party), and accompanied by an official English translation if the original is in another language.
Proof of termination of any previous marriage (divorce decree or death certificate), ordinarily incorporated in or attached to the Certificate of Legal Capacity.
Birth certificate issued by the competent authority in the foreigner’s country of origin, apostilled or consularized and translated into English if necessary.

Additional documents applicable to either or both parties:

Written consent of the father, mother, surviving parent, or guardian (in that order) if either party is between the ages of eighteen and twenty-one years. The consent must be in writing, personally given before the LCR, or executed in an affidavit (Article 14). Absence of this consent bars issuance of the license.
Affidavit that parental advice was sought, if either party is between twenty-one and twenty-five years of age (Article 15). While failure to seek advice does not automatically prevent issuance, the LCR is required to note the omission, and many offices require submission of a parental advice letter or affidavit as a matter of practice.
Certificate of attendance at a pre-marriage orientation or counseling seminar, where required by the specific LCR or by local ordinance or administrative circular.

All foreign documents must be properly authenticated (apostille or consular authentication) and, where necessary, translated by an accredited translator. The LCR may require additional supporting papers if doubts arise regarding authenticity or completeness.

Issuance and Validity of the License

The marriage license is issued only after the ten-day posting period and clearance of any opposition. It is valid for one hundred twenty days from the date of issuance. The marriage must be solemnized within this period by an authorized solemnizing officer; otherwise, a new application and license are required (Article 13).

Special Considerations for Previous Marriages and Impediments

The CENOMAR issued by the PSA serves as the primary evidence of the Filipino party’s civil status. For the foreign party, the Certificate of Legal Capacity fulfills the equivalent function and confirms that any prior marriage has been validly dissolved under the foreigner’s national law.

Where the Filipino party was previously married to a foreigner who subsequently obtained a divorce abroad, Article 26, paragraph 2 recognizes the Filipino’s capacity to remarry upon presentation of the properly authenticated divorce decree showing that the foreign spouse is capacitated to remarry. In such cases, the LCR typically accepts the combination of the foreign divorce decree and the new Certificate of Legal Capacity issued by the embassy of the prospective spouse. Some LCRs may still require annotation of the Filipino’s birth certificate or a judicial recognition of the foreign judgment for full civil registry updating, although this is not uniformly imposed at the license stage.

Marriages prohibited under Articles 35, 37, and 38 (bigamous, incestuous, or contrary to public policy) cannot proceed to license issuance. The LCR refuses the license if any impediment is known or apparent from the documents.

Exemptions from the License Requirement

Although uncommon when one party is a foreigner, marriages may be solemnized without a license in cases of imminent death (articulo mortis) or when the parties reside in a remote barangay with no LCR office within five kilometers, provided the other formal and essential requisites are satisfied and the marriage is subsequently registered (Articles 27–34). These exemptions do not apply to ordinary mixed marriages.

Solemnization and Registration After License Issuance

Upon receipt of the marriage license, the parties may have their marriage solemnized by any person authorized under Article 7 (incumbent judges within their jurisdiction, priests or ministers of registered churches or religions, mayors for civil marriages, military commanders in articulo mortis, or consular officials for marriages abroad). The signed marriage contract must be registered with the LCR of the place of celebration within the period prescribed by law, after which the LCR transmits the record to the PSA for national registration and issuance of the official marriage certificate.

The requirements outlined above represent the comprehensive national framework under the Family Code. Local civil registrars may impose supplementary administrative requirements consistent with law, and practices regarding authentication and supporting affidavits can vary slightly by office. All documents must be current and authentic to avoid rejection or delay in the processing of the application.