Foreigners and Marriage in the Philippines
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.
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