Introduction

In the Philippines, marriage involving foreign nationals, including U.S. citizens, is governed by a framework that ensures compliance with both Philippine laws and the individual's home country regulations. A key requirement for Americans intending to marry in the Philippines is the procurement of a document affirming their legal capacity to enter into marriage. This is typically fulfilled through an "Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage," issued by the U.S. Embassy or Consulate in the Philippines. This article comprehensively explores the concept, legal underpinnings, procedural steps, requirements, and practical considerations for obtaining this document, all within the Philippine legal context. It draws from the Family Code of the Philippines (Executive Order No. 209, as amended), implementing rules from the Philippine Statistics Authority (PSA), and guidelines from the U.S. Department of State as applied locally. The discussion aims to equip U.S. citizens, their Filipino partners, and legal practitioners with exhaustive knowledge to navigate this process efficiently.

Legal Basis in Philippine Law

The requirement for a certificate of legal capacity stems from the Philippine Family Code, which harmonizes civil marriage procedures while respecting international comity.

Key Provisions of the Family Code

Article 21. When either or both contracting parties are foreign nationals, they must submit a certificate of legal capacity to contract marriage, issued by a diplomatic or consular official of their country. This ensures that the marriage does not violate the foreigner's national laws on age, marital status, or other impediments.
Article 7. Marriages must be solemnized by authorized officials, such as judges, mayors, or priests, but only after all documentary requirements, including the legal capacity certificate, are satisfied.
Article 2. Essential requisites for marriage include legal capacity, emphasizing that parties must be free from prior marriages or other disqualifications.

Supporting legislation includes Republic Act No. 10625 (Philippine Statistical Authority Act), which mandates registration of marriages with the PSA (formerly NSO), and Department of Foreign Affairs (DFA) circulars on authentication of foreign documents. For U.S. citizens, the absence of a centralized U.S. marriage registry means the U.S. government does not issue a traditional "certificate." Instead, it provides an affidavit under 22 U.S. Code § 4191, allowing consular officers to administer oaths for such purposes. This affidavit is accepted by Philippine authorities as equivalent, as confirmed in various PSA and Local Civil Registrar (LCR) advisories.

International Agreements and Reciprocity

The Philippines adheres to the Hague Apostille Convention (since 2019), simplifying document authentication. U.S.-issued affidavits can be apostilled by the U.S. Department of State if needed, though for marriages in the Philippines, the embassy-notarized affidavit is typically sufficient without further apostille for local use. The Vienna Convention on Consular Relations (1963), ratified by both countries, empowers U.S. consular officials to perform notarial acts, including affidavits for marriage capacity.

Nature of the U.S. Affidavit in Lieu of Certificate

The "Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage" is a sworn statement by the U.S. citizen declaring their single status, absence of legal impediments, and eligibility to marry under U.S. law. It serves as a substitute for a certificate because U.S. marriage laws vary by state, and there is no federal authority to certify capacity. Philippine authorities recognize this affidavit as fulfilling Article 21 requirements.

Key Elements of the Affidavit

Personal Declarations: The affiant must swear to being of legal age (18 or older, or with parental consent if under), not currently married, divorced or widowed if previously married, and free from any legal bars like bigamy or consanguinity.
Witness Requirement: Typically signed before a U.S. consular officer, who acts as notary. No additional witnesses are usually needed.
Validity Period: The affidavit is valid for 120 days from issuance, aligning with the marriage license validity under Article 14 of the Family Code. It must be submitted fresh if the marriage is delayed beyond this period.

In cases where the U.S. citizen is a dual citizen (U.S.-Philippine), they may not need the affidavit if marrying as a Filipino, but must clarify citizenship status with the LCR.

Eligibility Criteria for U.S. Citizens

To qualify for the affidavit:

The applicant must be a U.S. citizen or national (including those from U.S. territories like Guam or Puerto Rico).
They must be physically present in the Philippines, as the U.S. Embassy in Manila or Consulate in Cebu handles issuances.
No residency requirement exists, but the marriage must occur in the Philippines.
Special cases: Minors (under 18) are ineligible without emancipation; those with prior marriages must provide proof of dissolution.

Ineligibility arises if the applicant has outstanding legal issues, such as unresolved divorces or child custody disputes that could affect capacity.

Required Documents and Supporting Evidence

Applicants must prepare a suite of documents to substantiate their affidavit claims. These are verified by consular staff.

Core Documents

Valid U.S. Passport: Original and photocopy, proving citizenship and identity.
Proof of Marital Status:
- If single: Birth certificate or sworn statement.
- If divorced: Final divorce decree or annulment order, authenticated if issued abroad.
- If widowed: Death certificate of spouse.
Application Form: DS-10 or equivalent embassy form, detailing personal information and intended marriage details.
Evidence of Termination of Prior Marriages: Court-certified copies, apostilled if from the U.S.

Additional Requirements for Specific Situations

Military Personnel: Letter from commanding officer confirming marital status.
Adopted Individuals: Adoption papers if relevant to capacity.
Name Changes: Legal documents supporting any discrepancies.

All foreign documents must be in English or translated, though U.S. documents are generally accepted as-is.

Application Process

Obtaining the affidavit involves a structured process at U.S. diplomatic missions in the Philippines.

Step-by-Step Procedure

Schedule an Appointment: Book online via the U.S. Embassy Manila website or Cebu Consulate. Walk-ins are discouraged; appointments are typically available within weeks.
Prepare Documents: Assemble all required items. Embassy guidelines recommend bringing extras.
Appear in Person: Both the U.S. citizen and sometimes the Filipino fiancé(e) must attend. The affiant swears to the affidavit's truthfulness before a consular officer.
Pay Fees: Non-refundable fee of approximately USD 50 (subject to exchange rates), payable in PHP or USD.
Receive the Affidavit: Issued on the spot or within a day, with multiple originals if requested (e.g., one for LCR, one for PSA).
Submit to Philippine Authorities: Present the affidavit to the Local Civil Registrar where the marriage will occur, along with other marriage application documents like birth certificates and CENOMAR (Certificate of No Marriage) for the Filipino party.

The entire process from appointment to issuance usually takes 1-2 hours. For marriages in remote areas, the affidavit can be mailed or couriered to the LCR.

Post-Issuance Steps for Marriage

Apply for a Marriage License at the LCR (Article 9-20, Family Code): Requires the affidavit, valid for 120 days.
Attend Pre-Marriage Counseling: Mandatory under Presidential Decree No. 965.
Solemnize the Marriage: Within the license validity.
Register the Marriage: With PSA for official recording; the affidavit becomes part of the civil registry.

Fees, Validity, and Renewal

Fees: USD 50 for notarization; additional for copies or express services.
Validity: 120 days; renewable by re-applying if expired.
Extensions: Not typically granted; fresh affidavit needed for delays.

Common Issues and Challenges

Document Authentication: U.S. divorce decrees may require state-level apostille before embassy acceptance.
Dual Citizenship Complications: U.S.-Filipinos must elect citizenship; using U.S. status requires the affidavit.
Pandemic or Emergency Delays: During events like COVID-19, virtual options were temporarily allowed, but in-person is standard.
Rejections: Incomplete documents or false declarations can lead to denial; appeals are informal via embassy channels.
Bigamy Risks: Philippine law penalizes bigamous marriages under Article 349 of the Revised Penal Code, with imprisonment up to 12 years.

Jurisprudence, such as in Republic v. Orbecido (G.R. No. 154380, 2005), highlights the need for absolute divorce recognition for foreigners, reinforcing the affidavit's role in verifying capacity.

Alternatives and Special Considerations

If Unable to Obtain Affidavit: In rare cases, a court order from Philippine courts may substitute, but this is lengthy and uncommon.
Marriages Abroad: If marrying in the U.S., no such certificate is needed; instead, comply with U.S. state laws.
Same-Sex Marriages: Not recognized in the Philippines (Family Code defines marriage as heterosexual), so affidavits for same-sex unions are irrelevant locally.
Consular Marriages: U.S. Embassy does not perform marriages; all must follow Philippine procedures.

For U.S. citizens residing abroad, the affidavit can sometimes be obtained from U.S. embassies elsewhere, but must be apostilled for Philippine use.

Conclusion

The U.S. Affidavit in Lieu of a Certificate of Legal Capacity to Marry is an indispensable bridge between U.S. and Philippine legal systems, facilitating cross-border unions while safeguarding against invalid marriages. By adhering to the outlined procedures and requirements, U.S. citizens can ensure a seamless path to matrimony in the Philippines. This process not only upholds the sanctity of marriage under the Family Code but also promotes international legal harmony. Prospective couples are encouraged to consult the U.S. Embassy and local LCR early to address any unique circumstances, ensuring their union is both legally sound and enduring.