MARRIAGE OF FILIPINO AND FOREIGN NATIONAL
Disclaimer: The following information is provided for general information only and may not be accurate
in a particular case. Questions involving interpretations of specific laws, both foreign and local should be
addressed to local or foreign attorneys or foreign government official.
Philippine law requires a citizen or subject of a foreign country to obtain a Certificate of Legal
Capacity to Contract Marriage. Sometimes called a "Certificat de Coutume" or a "Certificate of No
Impediment" or a "Certificate of Nulla Osta" or simply a "Certificate of Freedom to Marry", this is a
declaration from your country of origin of your freedom to marry. It is issued by the diplomatic or
consular offices of his or her country, prior to the issuance of a marriage license in the Philippines.
This serves as a clearance or permit from the consul as an actual proof of the subject’s civil status
and his/her eligibility for marriage.
Below is a sample list of Embassies/Consulates in the Philippines with their corresponding requirements and procedures for
acquiring the certificate.
For complete listing of Embassies in the Philippines, please refer to:
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After receiving the certificate of legal capacity to contract marriage both parties must proceed to the
city hall
(Davao City Hall
)
or the municipality in which the Philippine national habitually resides. (where he or she has
lived for at least the last 6 months). You must then both present the certificate of legal capacity to
contract marriage to the local civil registrar and apply for your Marriage License. (Family Code of the
Philippines, Article 9). Please refer all questions regarding the procedures and requirements necessary to
apply for your marriage license directly to the local civil registrar issuing the marriage license.
In Davao City, please get in touch with:
Office of the City Registrar
Ground Floor, Sangguniang Panglungsod Building
San Pedro St., Davao City
Tel.Nos.: +63(082) 227-5794/+63(082) 227-8060
Contact Person: Atty. Leo Anthony Braceros, Officer In Charge
After applying your marriage license, the information given in the application will be posted for 10
consecutive days inside the city hall or the municipality in which the Philippine national habitually
resides. The marriage license will be issued after the completion of this 10-day period (Family Code of the
Philippines, Article 17). 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 (Family
Code of the Philippines, Article 20)
Follow this link to view the
Marriage License
and expand
The marriage ceremony must be solemnized by an individual with the legal authority to perform such a
ceremony. Upon the completion of the ceremony all participants (the presiding official, the witnesses, and
the husband and wife) must sign the Marriage Certificate (Family Code of the Philippines, Articles 2-7).
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. (Family Code of the Philippines, Article 23).
Please remember to get certified true copies of the marriage contract from the local civil registrar.
Follow this link to view the
Marriage Certificate
and expand
CHURCH REQUIREMENTS FOR MARRIAGE WITH FOREIGNERS
Clearance: Foreigners who wish to apply for marriage with a Filipino citizen must first secure clearance
from the
Archdiocesan Chancery
Office at the Arzobispado de Manila, 121 Arzobispo St., Intramuros, Manila
(near Manila Cathedral). This clearance must be submitted to the Parish Office upon filing of application
for the wedding.
Baptismal Certificate: This must be the original and obtained not more than three months from the wedding
date. It must have the annotation: "FOR MARRIAGE PURPOSE ONLY." This is a requirement for BOTH bride and
groom whether they are Catholic or not.
Certification of freedom to marry: This can be obtained from the Catholic Pastor, Protestant Minister
or the Embassy of the foreigner.
Marriage license: this can be obtained from the civil authorities; or a Marriage Contract if already
married with the civil registry number.
Permission and certification of singularity: This can be obtained from the parish of the bride if she
is Catholic.
Military clearance: This has to be secured from the base military authorities specifically from the
immediate Commanding Offices ONLY if any of the parties belong to the military.
For Non-Catholic: A certification of his/her legal capacity to marry. Has to be obtained from his/her
embassy or from the country of origin.
From an Old English word meaning "to summon" are the public announcement in a parish church that
a marriage is going to take place between two specified persons.
The purpose of banns is to enable anyone to raise any legal impediment to it, so as to prevent
marriages that are legally invalid, either under church law or under civil law. Impediments vary between legal
jurisdictions, but would normally include a pre-existing marriage (having been neither dissolved nor annulled),
a vow of celibacy, lack of consent, or the couple's being related within the prohibited degrees of kinship.
These have to be posted for three consecutive Sundays.
Disparity of worship or disparity of cult (Disparitas Cultus) is an impediment that nullifies
marriage in Roman Catholic canon law. A marriage can not be validly contracted stemming from one person
being baptized and the other not baptized.
The reasons for this impediment, is that the un-baptized spouse’s views on marriage may be
incompatible with the Catholic and may hinder the practice of this religion in the family.
Marriage under Disparity of Worship can be dispensed on the promises (usually written)
from the un-baptized spouse not to interfere with the family’s practice of the Catholic
religion.
A dispensation from the impediment of mixed marriage/religion (Disparitas Cultas)
has to be obtained if necessary (Forms are usually available from the local Parish Office).
Widow and Widower: The death certificate of the former spouse has to be presented to the office.
Divorced parties: A document of the Declaration of Nullity promulgated by the Catholic Memorial Tribunal
or a certification from the Bishop of the party that he/she is free to marry has to be presented to the
Archdiocesan Chancery Office for authentication and clearance.
Also, please refer to the following links relating to Church wedding in Davao:
- General Church Wedding Requirements 
- Churches in Davao and their requirements