Article 21 of the Family Code: Certificate of legal capacity for foreigners
Status: In force
What does Article 21 say?
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.
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage.
What does it mean in plain language?
A foreigner who wants to marry in the Philippines must first submit a certificate of legal capacity to contract marriage. Article 21 of the Family Code says it is issued by the foreigner's own diplomatic or consular officials, and it is needed before the marriage license can be obtained. Stateless persons and refugees submit an affidavit instead.
The certificate is one of the papers for the marriage license, which is a formal requisite of marriage under Article 3.
How does it work in real life?
Liza and Tom: a Filipina and a foreign citizen
Liza, a Filipina, and Tom, a foreign citizen, plan to marry in Cebu City, where Liza lives. Before the license can be obtained, Tom submits a certificate of legal capacity to contract marriage issued by his country's diplomatic or consular officials. Then they apply at the civil registrar of Cebu City. This is a made-up example.
Omar and Sara: a refugee
Omar is a refugee living in the Philippines and cannot get a certificate from his country of origin. Under Article 21, he submits an affidavit stating the circumstances that show he has the capacity to marry. This is a made-up example.
Hana and Jun: two foreigners
Hana and Jun are citizens of two different foreign countries. Both work in Manila and want to marry there. Each submits a certificate of legal capacity issued by his or her own country's diplomatic or consular officials. This is a made-up example.
These examples only show how the rule works. They are not advice for a real case.
What does this mean in practice?
- The Family Code does not say how an embassy or consulate issues the certificate, or what it costs. Ask the embassy or consulate of the foreign party's country.
- The certificate is only for getting the license. Whether the marriage is valid still depends on all the requisites in Articles 2 and 3.
- If the marriage later ends in a divorce obtained abroad, Article 26 and the Supreme Court's rulings on it decide whether the Filipino spouse can remarry. See Article 26 and foreign divorce recognition.
- For the full list of papers, see marrying a foreigner.
What does the certificate show?
As its name says, it is a certificate of the foreigner's "legal capacity to contract marriage". Article 21 leaves this statement to the foreigner's own diplomatic or consular officials, not to the Philippine civil registrar. Legal capacity is one of the essential requisites of every marriage (Article 2).
Who must submit the certificate?
Article 21 applies "when either or both of the contracting parties are citizens of a foreign country". So:
- a Filipino marrying a foreigner: only the foreign party submits it;
- two foreigners marrying in the Philippines: each submits one from his or her own officials.
The Filipino party follows the ordinary license rules, such as the birth or baptismal certificate (Article 12) and, if previously married, proof that the earlier marriage ended (Article 13).
What if the foreigner has no country to issue it?
The second paragraph of Article 21 covers this:
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage.
Where do the couple apply for the license?
At the local civil registrar of the city or municipality where either party habitually resides (Article 9). The usual steps follow: the notice is posted for ten consecutive days (Article 17), and the license is then valid anywhere in the Philippines for 120 days (Article 20).
Frequently asked questions
What is a certificate of legal capacity to contract marriage?
It is a document a foreign citizen must submit before a marriage license can be obtained in the Philippines. Article 21 of the Family Code says it is issued by the foreigner's own diplomatic or consular officials.
Who issues the certificate of legal capacity?
The diplomatic or consular officials of the foreigner's country (Article 21). The Family Code does not say how each embassy issues it, so ask the embassy or consulate of the foreign party's country.
Does the Filipino partner also need a certificate of legal capacity?
No. Article 21 applies to the party or parties who are citizens of a foreign country. The Filipino partner follows the usual license rules, such as the birth certificate under Article 12.
What if the foreigner is stateless or a refugee?
Stateless persons and refugees submit an affidavit instead, stating the circumstances that show they have the capacity to contract marriage (Article 21, second paragraph).
Does the 120-day validity also apply when one party is a foreigner?
Yes. Once the license is issued, it is valid in any part of the Philippines for 120 days from the date of issue (Article 20). The certificate is only one of the papers needed before it is issued.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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