Letter to an Attorney

Dear Attorney,

I am writing to seek your advice on the requirements for obtaining a marriage license in the Philippines for a marriage involving a foreigner and a Filipino citizen. Specifically, I would like to understand the legal documentation and processes needed to ensure the marriage is valid under Philippine law. Any guidance you could provide on the applicable laws, required documents, and related procedures would be greatly appreciated.

Thank you for your time and expertise.

Sincerely,
A Concerned Individual

Comprehensive Guide to Getting a Marriage License for Marrying a Foreigner in the Philippines

Marrying a foreigner in the Philippines involves navigating both the legal framework of Philippine marriage laws and requirements imposed on the foreign party. Below is a detailed explanation of the process and requirements for obtaining a marriage license to marry a foreign national in the Philippines.

Governing Laws and Legal Framework

The primary laws governing marriage in the Philippines include:

Family Code of the Philippines (Executive Order No. 209)
- Outlines the requirements and procedures for a valid marriage.
Civil Registry Laws (Act No. 3753 and related implementing rules)
- Governs the issuance of marriage licenses and the registration of marriages.
Aliens’ Documentation and Requirements
- Specific to foreign nationals, as required by immigration and civil registry offices.

General Requirements for Obtaining a Marriage License

Under Article 11 of the Family Code of the Philippines, a marriage license is mandatory for a valid marriage unless the union falls under exempt circumstances. Both the Filipino and foreigner must submit the following general requirements:

Proof of Identity and Citizenship
- Filipino: Valid government-issued ID (e.g., Passport, Driver’s License, or UMID).
- Foreigner: Passport with a valid visa or other immigration documents.
Certificate of No Marriage (CENOMAR)
- Filipino: Issued by the Philippine Statistics Authority (PSA).
- Foreigner: Issued by the relevant government authority in the foreigner’s home country, if available.
Birth Certificate
- Filipino: PSA-authenticated birth certificate.
- Foreigner: Birth certificate issued by their home country, translated into English and authenticated by the relevant embassy or consulate.
Proof of Legal Capacity to Marry
- Required from the foreigner to certify that they are legally free to marry under the laws of their home country. This is typically issued by the embassy or consulate of the foreigner’s country of citizenship.
Barangay Clearance and Community Tax Certificate (Cedula)
- For the Filipino party, attesting to residency and good standing in the community.
Marriage License Application Form
- Filled out and submitted to the local civil registrar where either party resides.
Pre-Marriage Counseling Certificate
- Issued after attending a mandatory pre-marriage counseling session, typically conducted by the local government unit (LGU).

Additional Requirements for Foreigners

Foreigners intending to marry a Filipino may be required to provide:

Affidavit of Legal Capacity to Contract Marriage
- Issued by the foreigner’s embassy or consulate. It must affirm that the foreigner has no legal impediments to marry and is single, divorced, or widowed.
Divorce Decree or Death Certificate of Former Spouse
- For divorced or widowed foreigners, authenticated copies of divorce decrees or death certificates are required.
Certificate of Naturalization (if applicable)
- If the foreigner is a naturalized citizen of their country, proof of naturalization is necessary.
Authenticated Translations
- All foreign documents must be translated into English and authenticated by the Philippine embassy or consulate in the issuing country.

Special Considerations

Age Requirements
- Both parties must be at least 18 years old. If either party is between 18 and 21, written parental consent is required.
- Parties aged 22 to 25 must obtain parental advice, though lack of advice does not invalidate the marriage but delays the issuance of the marriage license by three months.
Special Laws for Foreign Nationals
- Certain countries (e.g., Japan, Germany) require their nationals to comply with additional procedures to ensure the marriage is recognized in their home country.
Ten-Day Posting Requirement
- Under the Family Code, the marriage license application must be posted publicly at the local civil registrar’s office for ten consecutive days before issuance. This serves as a public notice of the impending marriage.
Legal Capacity to Marry
- Some countries do not issue an affidavit of legal capacity. In these cases, the Philippine Statistics Authority (PSA) has clarified that notarized affidavits or equivalent certifications may suffice, subject to local registrar discretion.
Pre-Marriage Counseling
- Attendance is mandatory, focusing on family planning, marriage responsibilities, and legal implications. Failure to attend delays the issuance of the marriage license.

Step-by-Step Process

Gather Required Documents
- Compile all necessary documents, including proof of identity, legal capacity, and marital status.
Attend Pre-Marriage Counseling
- Secure a certificate of attendance from the designated LGU office or church conducting the seminar.
Submit Marriage License Application
- File the application at the local civil registrar where one party resides.
Ten-Day Posting Period
- The application is posted for public review to allow objections or opposition.
Issuance of Marriage License
- After the posting period, the marriage license is issued and remains valid for 120 days.

Exemptions from Marriage License

The Family Code provides certain exemptions where a marriage license is not required, such as:

Marriage in Articulo Mortis (Imminent Danger of Death)
- Valid even without a license if one party is near death.
Remote Communities
- Applicable where the parties reside in areas with no means of civil registration.
Marriage of Cohabitants
- For couples who have cohabited as husband and wife for at least five years and are legally free to marry.

Fees and Associated Costs

The costs for obtaining a marriage license vary by LGU but generally include:

Marriage license application fees.
Fees for certificates (CENOMAR, birth certificates).
Authentication fees for foreign documents.
Pre-marriage counseling seminar fees.

Post-Marriage Registration

After the marriage ceremony, the officiating authority (civil or religious) must register the marriage contract with the local civil registrar within 15 days. The PSA later issues an authenticated marriage certificate.

Conclusion

Marrying a foreigner in the Philippines involves fulfilling legal requirements aimed at ensuring the validity of the union. By understanding the process and gathering the necessary documents in advance, couples can avoid delays or legal complications. Consulting with a lawyer is highly recommended, especially for complex cases involving foreign nationals with prior marriages or unique citizenship issues.