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.
Related provisions
- Article 26 — marriages celebrated abroad and the recognition of a foreign divorce.
- Article 35 — void marriages generally.
Cases interpreting this article
- Authorities on the Article 21 certificate-of-legal-capacity requirement will be added here as each is verified against primary sources.