Dear Attorney,

I hope this letter finds you well. I am writing to seek your legal advice regarding a family member’s situation concerning marriage, divorce, and potential remarriage in the Philippines. The family member in question—let me refer to him simply as “my relative”—was previously married in the Philippines in the 1990s through a Christian ceremony. Later, he and his former spouse moved to the United States, acquired American citizenship (they do not hold dual citizenship), and subsequently divorced in Texas in 2010.

My relative is now engaged to another individual who was originally Filipino but has since become a naturalized American citizen. His fiancée has never been married in the Philippines or in the United States. They are interested in celebrating their marriage in the Philippines, but the legal intricacies of foreign divorce recognition, certificates, and potential issues with Philippine marriage requirements are somewhat confusing for them.

Specifically, we have several questions that I believe you can shed light upon:

Recognition of Foreign Divorce: Now that my relative is a naturalized American citizen and divorced in the United States, would he be allowed to marry in the Philippines without further court proceedings, or is judicial recognition of the foreign divorce required?
Certificates from the American Embassy: Is it necessary for my relative, now a foreign national, to obtain any specific certificate, such as the “Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage,” from the U.S. Embassy or U.S. Consulate in the Philippines?
CENOMAR or Equivalent: Since my relative is no longer Filipino, is he still required to secure a Certificate of No Marriage Record (CENOMAR) from the Philippine Statistics Authority (PSA)? And what documents might be required of his fiancée, who also holds American citizenship?
Church Wedding vs. Civil Wedding: Lastly, are there different legal requisites for a church wedding as opposed to a civil wedding in the Philippines, particularly in light of foreign nationality status, prior divorce, and the typical procedures for obtaining a marriage license?

I appreciate your time in addressing these concerns, and I kindly request a comprehensive explanation of all relevant requirements, possible complications, and applicable Philippine laws. As my relative aims to ensure their upcoming marriage is valid in both the Philippines and the United States, clarity on these matters is paramount.

Thank you very much, and I look forward to your expert guidance.

Sincerely,

A Concerned Family Member

A Comprehensive Legal Discussion on Philippine Law Regarding Foreign Divorce, Remarriage, and Related Requirements

As the best lawyer in the Philippines, one is expected to tackle each nuance of Philippine Family Law that applies to foreign divorce, recognition of foreign judgments, and the requisites for marriage in the Philippines. Below is a meticulous discussion on the pertinent legal principles, statutes, and jurisprudence relevant to the queries presented.

1. Overview of the Legal Framework

1.1. The Family Code of the Philippines

The primary legislation governing marriage, divorce (for exceptional cases involving foreign citizens), and related family matters in the Philippines is Executive Order No. 209, otherwise known as The Family Code of the Philippines. Enacted in 1987, it superseded certain provisions of the Civil Code pertaining to family and personal relations. Under the Family Code, marriage is generally considered an inviolable social institution, and divorce is not recognized except in specific scenarios involving foreign spouses under Article 26.

1.2. Article 26, Paragraph 2 of the Family Code

Under Article 26, when a Filipino citizen marries a foreign national and that foreign national subsequently obtains a valid divorce abroad, the Filipino spouse is permitted to remarry provided that the foreign divorce is effective in the jurisdiction where it was obtained, and that it renders the foreign spouse legally capable of remarrying. This provision has been the subject of various Supreme Court decisions clarifying the circumstances under which a divorce decree secured abroad is recognized in the Philippines.

One key takeaway is that if the spouse who obtained the divorce was already a foreigner at the time, and the divorce is valid under the laws of that foreign country, the foreign spouse’s civil status (i.e., single or divorced) will generally be recognized in the Philippines for the purpose of remarrying—though in some instances, a Judicial Recognition of Foreign Divorce may be required to update Philippine records and secure local documents, especially if the marriage was originally registered in the Philippines and the new marriage is to be celebrated there.

1.3. Republic Act No. 8239 (Philippine Passport Act) and Dual Citizenship Considerations

Though not directly about divorce, this statute and subsequent laws on citizenship reiterate how crucial it is to determine whether an individual remains a Filipino citizen or has lost Philippine citizenship upon naturalization in another country. In the scenario described in the letter, the parties expressly hold only American citizenship, meaning they are regarded in the Philippines as foreign nationals. This classification influences the applicable legal procedures concerning marriage solemnization in the Philippines.

2. Recognition of Foreign Divorce Decree in the Philippines

2.1. General Rule

The Philippines does not generally recognize divorce between two Filipino citizens. However, if one spouse is a foreigner (or has become a foreigner) and obtains a divorce valid in his or her national jurisdiction, that divorce may be recognized in the Philippines—subject to a few legal processes. The key legal vehicle for formal recognition is typically a Judicial Recognition of Foreign Divorce proceeding filed in the Regional Trial Court (RTC) of the place where the marriage was recorded or where the Filipino spouse resides.

2.2. Relevance to a Former Filipino Now Naturalized Abroad

If the Filipino citizen lost his/her Philippine citizenship prior to the divorce, the divorce may be valid for that person’s status under the laws of the new country of citizenship. In practical terms, the ex-Filipino no longer needs to secure the benefits of Article 26 to remarry abroad. However, if the ex-Filipino (now a foreigner) wishes to remarry in the Philippines and have such marriage registered locally without complications, judicial recognition might still be prudent or even required by the Local Civil Registrar (LCR) to ensure that the LCR’s records reflect that the individual is no longer married under Philippine records.

2.3. Effect on the Filipino Ex-Spouse

In a case where one of the original spouses remains Filipino, that spouse can invoke the foreign divorce to be recognized here, provided the spouse who obtained it was a foreigner at the time. This recognition allows the Filipino spouse to legally remarry in the Philippines after obtaining a court decree of recognition. Failure to secure such a decree in the Philippines could lead to confusion in the civil registry records, potential bigamy issues, or legal challenges to future marriages.

3. Documentary Requirements for Remarriage in the Philippines

3.1. The “Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage” or “Legal Capacity to Contract Marriage”

Under Philippine law, a foreigner intending to marry in the Philippines must submit a “Certificate of Legal Capacity to Contract Marriage” from their embassy or consulate, or an equivalent document that certifies the foreigner’s eligibility to marry under his/her national laws. In the case of U.S. citizens, the U.S. Embassy in Manila typically provides a procedure for an Affidavit in Lieu of a Certificate of Legal Capacity to Marry. It is important to:

Contact the U.S. Embassy or Consulate ahead of time and confirm current requirements.
Present valid identification showing U.S. citizenship.
Pay the requisite fees for notarization.

This document is a prerequisite when applying for a marriage license at the Philippine local civil registrar. It essentially takes the place of the standard requirement for a “Certificate of No Marriage” from the foreigner’s home country because the U.S. does not issue a national “single status” certificate. Instead, the sworn affidavit is accepted.

3.2. Certificate of No Marriage Record (CENOMAR)

A Certificate of No Marriage Record (CENOMAR) is typically obtained from the Philippine Statistics Authority (PSA) to show that a Filipino citizen has no prior or existing marriage recorded in the national indices. For foreigners, the PSA usually does not have a marriage record, so a CENOMAR would not be applicable unless the individual had previously contracted marriage in the Philippines.

If the foreign party (the former Filipino) had a marriage registered in the Philippines, the PSA’s records would show that marriage unless a judicial recognition of foreign divorce has already been registered.
If the foreign party never had a marriage recorded in the Philippines, the CENOMAR would be moot for that individual, but the local civil registrar may still request official documentation of divorce or proof of foreign nationality to ensure no conflict with local records.

In practical terms, if the fiancé(e) is also a former Filipino, never married, and never had any prior marriage registered with the PSA, she may secure a CENOMAR from the PSA indicating that the system has no record of marriage. This clarifies her eligibility to marry under Philippine records.

3.3. Requirements for a Marriage License

To secure a Marriage License from the local civil registrar in the Philippines, both parties (whether Filipino or foreigner) must submit the following:

Birth Certificates (PSA-issued for Filipinos, or official copies for foreigners).
Baptismal Certificates or other documentation may be required by certain religious institutions if it’s a church wedding, but not for civil weddings.
Certificate of Legal Capacity to Contract Marriage (for foreigners), which may be in the form of an affidavit from the respective embassy or consulate.
CENOMAR (for a Filipino or if the foreigner’s previous marriage was registered in the Philippines).
Proof of Divorce or Annulment if one or both parties were previously married and are now legally capacitated to remarry. This generally means presenting the divorce decree plus (where required) a Philippine court’s judicial recognition of the foreign divorce if the party is still considered Filipino under local records.

All these documents are submitted to the local civil registrar of the city or municipality in which at least one of the parties resides or intends to marry. After satisfying these requirements and the mandatory waiting period (typically 10 days), the marriage license can be issued.

4. Judicial Recognition of Foreign Divorce

4.1. The Necessity of Court Proceedings

Strictly speaking, if both parties are now recognized as foreign nationals, local civil registrars may be more lenient with respect to requiring a recognized Philippine court decree of the divorce. This is because the principal concern of the local authorities is ensuring that no Filipino remains on record as “married” if that individual is still recognized as Filipino under local law. The situation can be fluid, though, depending on local civil registrar practices, which vary from one locality to another.

If any question arises about the validity of the foreign divorce or if the local registrar insists that the individual’s prior Philippine marriage records must be annotated to reflect the divorce, judicial recognition of foreign divorce becomes the standard solution. This process involves filing a petition with the Regional Trial Court, presenting the foreign divorce decree, evidence of the laws of the foreign country, proof of the ex-spouse’s foreign citizenship, and the finality of the divorce. Upon the RTC’s ruling recognizing the divorce, the local civil registrar annotates the marriage record to indicate the dissolution of marriage.

4.2. Practical Steps

Engage a Philippine Attorney: The petition must be carefully crafted, demonstrating compliance with the Family Code and jurisprudential requirements.
Obtain Certified Copies of the Divorce Decree: These documents should be authenticated and certified by the appropriate authorities in the foreign country.
Submit Proof of Former Spouse’s Foreign Citizenship: In cases where the recognized divorce is reliant upon the foreign spouse’s nationality, appropriate identification or naturalization documentation is essential.
Publish the Petition: Pursuant to legal procedures, a notice of the petition may be required to be published in a newspaper of general circulation in the place where the petition is filed, enabling any interested party to come forward if there is an objection.
Court Decision and Finality: Once granted, the court decision recognizing the divorce must become final and executory. The final order is then transmitted to the LCR, which annotates the marriage certificate.

5. Civil vs. Church Wedding in the Philippines

5.1. Similarities in Documentation Requirements

Whether the wedding is civil (solemnized by a judge, mayor, or other authorized officiant) or religious (Catholic, Protestant, or other recognized denominations), the couple must first secure a Marriage License from the local civil registrar unless exempted by specific laws (e.g., certain Muslim or ethnic groups recognized under special statutes). Thus, the documentary requirements remain largely the same: proof of capacity to marry, valid identification, compliance with pre-marriage counseling or seminars, etc.

5.2. Additional Church Requirements

A church wedding usually carries additional requirements, such as:

Recent Baptismal and Confirmation Certificates (for Catholics).
Marriage Banns posted or announced in the parishes of the bride and groom.
Canon Law Requirements (if marrying in a Catholic church), which may include verification that neither party is still bound by a sacramental marriage. This might require a Church Declaration of Nullity (distinct from civil annulment) if a prior canonical marriage existed.

For foreign nationals, the parish priest may also request an authenticated certificate (or affidavit) attesting that the foreign national is free to marry and that there is no canonical impediment. Since the fiancé(e) is also of foreign citizenship but was originally Filipino, she may have records in a Philippine parish if she was baptized or confirmed there. Coordination with the local parish is recommended to ensure no omissions.

6. Specific Answers to the Presented Questions

6.1. “As a Divorced Alien, Can My Relative and His Fiancée Legally Get Married in the Philippines?”

Yes, generally they can, provided they comply with Philippine legal requirements for foreign nationals. Since your relative is a naturalized U.S. citizen and holds a valid foreign divorce decree (obtained in Texas), that decree should be recognized for him as a foreigner, but local authorities may still require judicial recognition if they are strict about updating Philippine records. However, many local civil registrars simply require the proof of foreign citizenship, the divorce decree, and the affidavit of legal capacity. The existence of a prior Philippine marriage record might prompt the registrar to request more documentation.

6.2. “Is There a Need for Him to Get Documents from the American Embassy in Manila?”

Yes. As a U.S. citizen, he will typically need to secure an Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage from the U.S. Embassy or Consulate in the Philippines. This is a standard requirement for American citizens. It confirms under oath that there is no legal impediment to the marriage under U.S. law. Without this document or its equivalent, the local civil registrar usually will not issue a marriage license.

6.3. “Is He Required to Get a CENOMAR?”

If he is no longer considered a Filipino citizen and his only prior marriage was recorded in the Philippines, the PSA still might show a marriage record. Because he is now a foreign national, the local civil registrar might not strictly require a CENOMAR for him, but might look for a recognized court decision or annotation that he is free to remarry if they deem that necessary. The fiancée, if she was never married and never recorded any marriage in the Philippines, may be asked to provide a CENOMAR to confirm her single status in the Philippine records.

6.4. “Can He Have a Civil or Church Wedding?”

Yes, he may choose either. A civil wedding has simpler requirements, but the same fundamental prerequisites apply: a valid marriage license, presence of a solemnizing officer, and compliance with local civil registrar procedures. A church wedding adds canonical or denominational rules and additional documentation (baptismal and confirmation certificates, marriage banns, etc.). In either case, the essential legal requirements remain the same.

7. Practical Tips and Conclusion

Consult the Local Civil Registrar: Requirements can vary by locality. Some offices may accept an Affidavit in Lieu of a Certificate of Legal Capacity plus the U.S. divorce decree and proceed to issue the license. Others may request a court-recognized foreign divorce decree to annotate the marriage record.
Prepare All Documents Early: Obtaining authenticated divorce decrees, scheduling an appointment at the U.S. Embassy, and possibly engaging an attorney for judicial recognition proceedings (if needed) can take time.
Coordinate with the Chosen Church: If a religious wedding is desired, coordinate early to gather all canonical requirements, especially if the fiancé(e) was baptized in a Philippine parish.
Legal Counsel Is Recommended: While the fiancé(e) may be able to navigate the local civil registrar on their own, having an experienced lawyer ensures each document is correctly obtained, filed, and registered. This helps avoid complications or the risk of a void or voidable marriage under Philippine law.
Plan for Registration of the Marriage in the Philippines: After the wedding, ensure that the marriage certificate is properly registered with the local civil registrar. If you intend the marriage to be recognized in the United States, consult U.S. requirements, although typically a valid foreign marriage is recognized if lawfully contracted.

In summary, yes, your relative (now a U.S. citizen) and his fiancée (also a U.S. citizen, originally Filipino) can legally marry in the Philippines. They will need to secure the affidavit from the U.S. Embassy, possibly submit a judicially recognized divorce decree if required, and meet the standard Philippine requirements for foreigners wishing to marry. The choice between a civil and a church wedding is theirs, subject to the relevant documentary and canonical requirements. Observing these steps should ensure a valid marriage both in the Philippines and in the United States.

Disclaimer: This discussion is provided for general informational purposes and does not constitute formal legal advice. Every case may involve nuanced facts requiring specific professional counsel. It is best to consult directly with an attorney familiar with the latest statutes, regulations, and local government practices to address all particular concerns.

End of Discussion