What are the legal requirements for marrying a foreign national in the Philippines through a civil ceremony?

Marrying a foreign national in the Philippines involves several legal steps and requirements. The process is guided by Philippine laws and regulations to ensure the marriage is legally recognized. Below are the essential requirements and steps for marrying a foreigner in the Philippines through a civil ceremony.

1. Legal Capacity to Marry

Both parties must be legally capable of entering into a marriage. This means they should not be married to another person, must be of legal age (18 years old and above), and must provide the necessary documents to prove their capacity to marry.

2. Required Documents

Both parties need to present several documents, which typically include:

Birth Certificate: Authenticated birth certificate from the respective national statistics offices or their equivalent.
Certificate of No Marriage (CENOMAR): Issued by the Philippine Statistics Authority (PSA) for Filipino citizens, indicating that they have not contracted any marriage.
Affidavit of Legal Capacity to Contract Marriage: For the foreign national, this affidavit confirms they are free to marry. It is usually obtained from their embassy or consulate in the Philippines.
Passport and Visa: Valid passport and, if required, a visa proving legal stay in the Philippines.
Divorce Decree or Death Certificate: If previously married, proof of dissolution of the previous marriage (divorce decree or death certificate of the former spouse).
Marriage License Application Form: Filled out and submitted to the local Civil Registrar’s Office.

3. Application for a Marriage License

The couple must file an application for a marriage license at the local Civil Registrar's Office where one of the parties has resided for at least six months. The following steps are involved:

Submission of Documents: Provide the necessary documents listed above.
Publication Requirement: The marriage application must be posted publicly for ten consecutive days.
Waiting Period: After the ten-day posting period, there is a waiting period of another ten days before the marriage license is issued.

4. Pre-Marriage Counseling and Seminar

Some local government units require the couple to attend a pre-marriage counseling and family planning seminar. This is usually conducted by the local Civil Registrar’s Office or the Department of Social Welfare and Development (DSWD).

5. Civil Marriage Ceremony

Once the marriage license is issued, the couple can proceed with the civil marriage ceremony. The ceremony can be officiated by any of the following:

Mayor
Judge
Military commander (in certain cases)
Ship captain or airplane chief (under special circumstances)

6. Registration of Marriage

After the ceremony, the marriage must be registered with the local Civil Registrar's Office. The officiant usually handles this. The couple will then receive a marriage certificate from the PSA.

7. Additional Considerations for Foreign Nationals

Foreign nationals should check with their respective embassies for any additional requirements specific to their nationality. Some countries may have extra documentation or steps that need to be followed to ensure the marriage is recognized both in the Philippines and in the foreign national’s home country.

By following these steps and meeting the legal requirements, couples can ensure their marriage is legally recognized in the Philippines. It is advisable to start the process early to allow ample time for the completion of all necessary paperwork and procedures.