There has been a lot of questions posed by foreigners on the
proper procedure in marrying a citizen of the Philippines. As a result,
we have gathered relevant information to guide those who wish to tie the
knot in our country.
First of all, foreigners who wish to marry in the Philippines are required
to obtain a certificate of legal capacity to marry issued by diplomatic
or consular representatives of their country. This is in accordance
with the first paragraph of Article 21 of the Family Code of the Philippines,
which states:
"When either or both of the contracting parties are citizens
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."
For example, a citizen of the United States wishing to marry in the Philippines,
must appear personally before a consular officer, at the U.S. Embassy in
Manila and procure a certificate of legal capacity to marry. Once the certificate
has been received, the application for a marriage license can be
made at the office of the local Philippine Civil Registrar of the town
or city where the Filipino fiancee is a resident. The foreigner will need
to present the certificate, passport, and documentation regarding parental
consent or advice if applicable. There is also a need to present a divorce
decree if the foreigner has been previously married and a death certificate
if a widow or widower.
For the Filipino applicant the following shall be needed for purposes
of the marriage license application:
1. Birth Certificate or Baptismal Certificate. If widow or
widower Death Certificate of late spouse (certified true copy).
2. Community Tax Certificate.
3. ID picture of both applicants.
4. Certificate of Family Planning and Marriage Counselling (the couple
are required to attend a Counselling Seminar before the certificate is
issued).
Marriage applicants who are aged 18 to 21 must have parental consent in
writing, those aged 21 to 25 must have written parental advice (a written
indication that the parents are aware of the couple's intent to marry).
There is a ten-day waiting period before the marriage license is issued
by the registrar's office. This period is prescribed by law to inform the
public about the pending license application and to give the local civil
registrar an opportunity to entertain any objections to the upcoming marriage.
The marriage license, once issued, is valid in any part of the Philippines
for 120 days. If it has not been used during this 120-day period it will
then automatically expire.
The marriage ceremony must be solemnized by an individual with the legal
authority to perform such a ceremony. Among these are a priest, imam, or
any incumbent member of the judiciary within the court'sjurisdiction (See
Article 7 of the Family Code of the Philippines). Upon the completion of
the ceremony all participants (the presiding official, the witnesses, and
the husband and wife) must sign the marriage certificate.
Following the signing of the marriage certificate by all parties involved,
the marriage certificate must be sent to the city hall or the municipality
in which the Philippine national habitually resides. It will then be registered
by the local civil register. You can get certified true copies of the marriage
contract from the local civil registrar or the National Statistics Office.
