Text of the provision

Art. 21. 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.

(66a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

Where either party is a foreign national, a certificate of legal capacity to marry, issued by that party's own diplomatic or consular officials, must be submitted before a marriage license can be obtained. This confirms that nothing in the foreign party's own national law bars the marriage. Stateless persons or refugees, who have no consulate to issue such a certificate, instead submit an affidavit stating the circumstances showing their capacity to marry.

This is a routine but essential document in mixed-nationality marriages performed in the Philippines — and its absence is a common practical obstacle couples encounter when applying for a license.

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Cases citing this article

Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.