LETTER TO THE ATTORNEY

Dear Attorney,

I hope this message finds you well. I am a Bhutanese citizen who wishes to marry my partner, who currently resides in the Philippines. Given the differences in laws and procedures between Bhutan and the Philippines, I would like to ensure that we fulfill all legal requirements for our marriage to be valid, recognized, and properly documented. Kindly advise me on the necessary steps, documents, and processes I need to undertake as a foreign national seeking to marry in the Philippines. Additionally, I would like to understand any potential immigration or post-marriage residency issues that may arise once we are married. Thank you very much for your guidance.

Respectfully yours,

A Concerned Bhutanese Fiancé

LEGAL ARTICLE ON MARRIAGE REQUIREMENTS FOR A BHUTANESE CITIZEN IN THE PHILIPPINES

In the Philippines, marriage is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). Any foreign national, including a Bhutanese citizen, must comply with Philippine law to ensure that the marriage is valid not only within the Philippines but also in the foreign national’s home country, subject to the laws of that country. Below is a comprehensive guide to the procedures, legal considerations, and post-marriage requirements that a Bhutanese citizen should keep in mind when planning to wed in the Philippines:

Preliminary Considerations Under Philippine Law
1.1 Basic Legal Framework
- The Family Code of the Philippines sets out the essential and formal requisites of marriage. The essential requisites include the legal capacity of both parties who must be a man and a woman (note that, as of current jurisprudence, same-sex unions are not recognized under Philippine law) and mutual consent freely given in the presence of the solemnizing officer.
- The formal requisites include a valid marriage license, an authority vested in the solemnizing officer, and the marriage ceremony itself with the personal appearance of the contracting parties before the officiant and at least two witnesses.

1.2 Capacity to Contract Marriage
- Both parties must be at least 18 years of age at the time of the marriage. However, those below 21 years old must secure parental consent, and those aged 21 to 25 must secure parental advice under certain circumstances.
- A Bhutanese citizen must also be legally free to marry under Bhutanese law. If the Bhutanese legal system requires additional certificates or requirements (e.g., proof of single status, finality of divorce decree if previously married, or other civil status-related documents), those should be obtained from the relevant Bhutanese authority.
Documentary Requirements for Foreign Nationals
2.1 Certificate of Legal Capacity to Contract Marriage (CLCCM)
- Foreign nationals intending to marry in the Philippines must usually secure a Certificate of Legal Capacity to Contract Marriage (“CLCCM”) from their embassy or consulate. This document attests that there is no legal impediment to the foreign national’s marriage in accordance with the laws of his/her home country.
- Since Bhutan may not have an embassy within the Philippines, you should verify whether Bhutanese citizens can obtain the required documentation from a designated consulate, possibly located in another Southeast Asian country. Consult the Bhutanese Ministry of Foreign Affairs or diplomatic outposts for guidance on how to secure this certificate.

2.2 Authenticated Birth Certificate or Citizenship Evidence
- An authenticated birth certificate issued by the proper authority in Bhutan may be required to establish the foreign national’s identity, nationality, and other pertinent details.
- In the absence of a birth certificate, you may need alternative evidence of Bhutanese citizenship (for instance, a certificate of nationality or passport). Ensure that these documents are duly authenticated or apostilled if Bhutan is a signatory to the Apostille Convention (The Hague Convention of 1961).

2.3 Passport and Visa Requirements
- A valid passport with the appropriate Philippine visa or immigration status is essential. Ensure that your immigration documents are in order and that you are either a temporary visitor, resident, or have another valid immigration category permitting you to stay in the country to finalize the marriage process.

2.4 Certificate of No Marriage Record (CENOMAR) or Equivalent
- Your Philippine partner must obtain a Certificate of No Marriage Record (CENOMAR) from the Philippine Statistics Authority (PSA) to prove that he or she has no existing marriage on record. If your partner was previously married, additional documents such as an annotated marriage certificate showing the finality of an annulment or a death certificate of the former spouse may be necessary.

2.5 Proof of Termination of Prior Marriage(s)
- If either party was previously married, you must produce conclusive evidence that the previous marriage was validly terminated (e.g., court decree of annulment or divorce, final judgment, or death certificate of the former spouse). For foreign divorces involving a Filipino spouse, judicial recognition of the foreign divorce may be necessary for the Filipino party to be considered legally free to remarry.
Marriage License Application Process
3.1 Local Civil Registrar’s Office
- The application for a marriage license is done at the Local Civil Registrar’s (LCR) office where your Philippine partner habitually resides or intends to reside. Requirements vary slightly by municipality or city, so it is prudent to verify the exact documentary needs, fees, and waiting periods with the relevant LCR.
- Both parties, including the foreign national, usually need to appear in person to sign and submit the application. Some LCRs may waive the personal appearance of the foreign partner under exceptional circumstances, but this is neither common nor guaranteed.

3.2 Pre-Marriage Orientation and Counseling
- Under Philippine law, the engaged couple may be required to attend pre-marriage counseling sessions, family planning seminars, or other orientations mandated by local ordinances.
- Ensure you obtain the certificates of attendance or completion from these seminars as they will be required for the issuance of the marriage license.

3.3 Ten-Day Posting and Waiting Period
- After completing the documentary requirements and fees, there is generally a ten-day waiting period during which the application is posted on a bulletin board at the LCR to invite any objections to the proposed marriage.
- If no valid objection is raised, the marriage license is issued and is valid for 120 days from the date of issuance. The marriage ceremony must be performed within this 120-day validity period; otherwise, the license will expire and a new one must be obtained.
The Marriage Ceremony
4.1 Authorized Solemnizing Officers
- The Family Code lists those legally authorized to solemnize marriages:
1. Incumbent members of the judiciary within their jurisdiction.
2. Priests, rabbis, imams, or ministers of recognized religious sects duly authorized by their church or religious sect and registered with the civil registrar general.
3. Ship captains, airplane chiefs, military commanders, or consuls (but only under specific circumstances defined by law).
  - It is crucial to check that the chosen solemnizing officer holds the proper authority. For religious weddings, the officiant must be duly registered with the Philippine Statistics Authority and recognized by law.
4.2 Venue and Witnesses
- The marriage ceremony must be held in a place within the officiant’s territorial jurisdiction if it is a civil wedding. However, for religious ceremonies, the ceremony may be performed in a church or other suitable location, provided the officiant’s authority is properly recognized.
- At least two competent adult witnesses must be present at the ceremony.

4.3 Ceremonial Requirements
- Both parties must personally declare that they take each other as husband and wife in the presence of the solemnizing officer and the witnesses.
- Rings or other tokens may be exchanged, but under the law, what matters most is the exchange of consent. This is the moment the marriage is deemed perfected.
Registration and Issuance of Marriage Certificate
5.1 Endorsement to the Local Civil Registrar
- Once the ceremony is completed, the person who solemnized the marriage is responsible for submitting the signed marriage certificate to the Local Civil Registrar for registration, typically within 15 days (or shorter under certain local regulations).
- If you are married in a church or another religious setting, the officiant or the parish office will facilitate this process on your behalf. However, follow up with the Local Civil Registrar to ensure that your marriage is properly recorded.

5.2 Securing an Official Copy
- After registration, you may obtain certified true copies of your marriage certificate from the LCR. Eventually, the Philippine Statistics Authority (PSA) will also issue a copy that is printed on PSA security paper, known colloquially as the “PSA copy.”
- This document serves as primary evidence that a valid marriage took place under Philippine law.
Recognition of the Marriage by Bhutan
6.1 Possible Requirements from Bhutanese Authorities
- Bhutanese law may demand registration or confirmation of the marriage for it to be recognized in Bhutan. Consult the relevant Bhutanese government office or consulate to verify how the foreign marriage can be validated or recorded.
- You may need to submit certified or apostilled copies of the marriage certificate, along with translations if Bhutanese authorities do not accept documents in English only. Verify if additional supporting documents are required.

6.2 Dual Process of Registration
- Some Bhutanese nationals register their marriage both in the Philippines and their home country to avoid complications regarding legitimacy of children, inheritance, and spousal rights. Inquire with Bhutan’s civil registration system for the correct procedure.
Post-Marriage Considerations
7.1 Immigration Status in the Philippines
- Once you are lawfully married, you may have the option to convert your temporary visitor’s visa to a 13(a) probationary non-quota immigrant visa as the spouse of a Filipino citizen, subject to the rules and procedures of the Bureau of Immigration (BI).
- To apply, you typically need to present the marriage certificate, passport, police clearance, medical clearance, proof of your Filipino spouse’s financial capacity or an affidavit of support, and other relevant BI forms. If approved, this visa allows you to reside in the Philippines, with an option to apply for a permanent resident visa after a probationary period (usually one year).

7.2 Philippine Citizenship for Foreign Spouses
- Philippine citizenship is not automatically conferred by marriage to a Filipino citizen. If you eventually wish to acquire Filipino citizenship, you would need to go through the standard process of naturalization under Philippine law, which involves residency requirements and other qualifications.

7.3 Property Relations and Prenuptial Agreements
- Unless a prenuptial agreement states otherwise, the default property regime for marriages under Philippine law is the “Absolute Community of Property,” meaning that property acquired before and during the marriage will form part of the community property, subject to certain exceptions.
- If you wish to maintain separate ownership of your properties acquired before marriage, or if you have significant personal assets, it might be prudent to execute a prenuptial agreement before the wedding. Such an agreement must be notarized and registered with the appropriate civil registry to bind third parties.

7.4 Obligations to Provide Support
- Once married, spouses are legally bound to support each other and their legitimate children. This includes providing for education, food, shelter, and other basic needs, taking into consideration the family’s social standing.
Potential Pitfalls and Tips
8.1 Incomplete or Invalid Documents
- A common reason for delays in obtaining a marriage license or finalizing the marriage is the incomplete submission of documentary requirements. Always double-check the requirements of the Local Civil Registrar.
- In cases where a Bhutanese embassy or consulate is absent in the Philippines, find out which embassies or consulates are authorized to handle Bhutanese consular matters in the region.

8.2 Misrepresentation or Fraud
- Misrepresenting facts or submitting falsified documents can lead to criminal sanctions under Philippine law and may render the marriage void. It can also lead to immigration complications if discovered in a visa application or residency petition.

8.3 Legal Implications of Religious vs. Civil Weddings
- Religious weddings conducted in recognized churches or sects can carry additional requirements, such as baptismal certificates or proof of membership in that religious organization.
- Civil weddings are often simpler, but the procedure remains subject to the Family Code and local regulations.

8.4 Marriage to a Previously Married Filipino with a Foreign Divorce
- If your Filipino partner has previously obtained a divorce abroad, that foreign divorce must be judicially recognized by a Philippine court before your partner is legally free to remarry under Philippine law. Otherwise, the second marriage could be deemed void, causing significant legal complications.
Summary of Key Steps for the Bhutanese Spouse
9.1 Gather Documents from Bhutan
- Obtain your birth certificate or equivalent proof of identity and civil status from Bhutanese authorities. Verify if an apostille or authentication is needed.
- If you were previously married, secure official documents proving the termination of said marriage.

9.2 Seek the Certificate of Legal Capacity to Contract Marriage
- Coordinate with the Bhutanese embassy or a consulate authorized to issue the CLCCM. If no such office exists in the Philippines, inquire which Bhutanese outpost in the region can assist.

9.3 Coordinate with Your Philippine Partner
- Your Philippine partner must obtain their own documentary prerequisites, such as a PSA-issued birth certificate and CENOMAR or, if applicable, other evidence of the dissolution of a prior marriage.

9.4 Visit the Local Civil Registrar
- File your joint application for a marriage license, submit all required documents, and attend the pre-marriage counseling if mandated by local ordinances.
- Wait for the ten-day posting period.

9.5 Conduct the Wedding Ceremony
- Choose a valid solemnizing officer and comply with the formal requirements. Remember to have at least two witnesses.
- Make sure the signed marriage certificate is submitted promptly to the Local Civil Registrar for registration.

9.6 Secure Your Marriage Certificate
- Obtain certified copies of your marriage certificate from the LCR and subsequently from the PSA.

9.7 Handle Post-Marriage Obligations
- Register the marriage with Bhutanese authorities if required.
- Update your immigration status in the Philippines if you intend to reside with your Filipino spouse long-term.
Practical Reminders
10.1 Timing and Logistics
- Plan well in advance. Obtaining documents from Bhutan, especially if you are applying from overseas, can take time. Factor in potential mailing or authentication delays.
- Make sure your stay in the Philippines is covered by a valid visa or extension throughout the marriage process.

10.2 Financial Aspects
- Expect costs for document authentication, visa fees, marriage license fees, solemnization fees (if applicable), and other incidental expenses like traveling to a consulate outside the Philippines.
- Some localities in the Philippines might have different rates or additional local taxes, so confirm ahead of time to budget properly.

10.3 Legal Counsel
- If you encounter complex issues—such as your partner’s previous marriage, unavailability of certain Bhutanese documents, or difficulties fulfilling local requirements—consult a Philippine-licensed attorney or a law firm experienced in family law and immigration matters. Having a lawyer can help navigate potential pitfalls in obtaining the necessary certifications, dealing with LCR processes, or securing recognition of a foreign divorce.

10.4 Avoid Last-Minute Arrangements
- Philippine bureaucracy can be time-consuming, particularly if the application volume at the Local Civil Registrar is high or if unforeseen circumstances—like additional interviews or verifications—arise.
- It is best to allow for a comfortable margin of time between your arrival in the Philippines (if you are traveling from Bhutan or another country) and your intended wedding date. This reduces stress and the risk of incomplete paperwork on your wedding day.

Conclusion
For a Bhutanese citizen looking to marry a partner in the Philippines, understanding and adhering to Philippine legal requirements is crucial. From obtaining a Certificate of Legal Capacity to Contract Marriage to securing the appropriate documents for both you and your Filipino partner, thorough preparation will ensure a legally valid and recognized union. The processes outlined in this article aim to give you a step-by-step overview, but always remember that local rules and interpretations may vary slightly from one city or municipality to another. When in doubt, consulting with a qualified legal practitioner in the Philippines is highly recommended to avoid delays, compliance issues, or future legal complications.

By diligently following the guidelines above—assembling the necessary documents, attending pre-marriage seminars, applying for a valid marriage license, and ensuring proper registration—you will be on the right path to a joyous and legally compliant marriage. Wishing you the very best as you plan your wedding and begin your life together in the Philippines.

Disclaimer: This legal article is provided for informational purposes only and does not constitute legal advice. For specific cases, it is essential to consult a qualified lawyer licensed in the Philippines who can provide guidance tailored to your unique circumstances.