Q. Hi ! Atty.Wong, I am presently engaged and planning to marry my girlfriend in the Philippines this coming May 2009.
I am now a Canadian citizen. My girlfriend told me that there are legal formalities that I have to comply before being able to marry in the Philippines. I am now 28 years of age. Never been married.
I don’t see any problem should I get married whether here in Canada or in the Philippines. For my peace of mind, could you please validate my situation? Thanks. Victor
A. From the facts you have mentioned there is clearly no legal impediments should you marry, whether in Canada or in the Philippines. Assuming of course that your girl friend in the Philippines is similarly situated and is not suffering from any legal impediments as well.
Yes, there are legal formalities that you have to comply in order for you to secure a marriage license from the office of the Civil Registrar in the Philippines. Obviously you will need your current passport and Birth Certificate, among others. And if you intend to marry according to the rites of the Catholic Church, bring along with you your Baptismal certificate.
Considering that you are a Canadian Citizen, you have to secure a Certificate of legal capacity to marry, issued by the appropriate authorities in Canada and have the said documents authenticated before the Philippine Consular office nearest your residence. You could also secure the Legal Capacity to Contract Marriage from the Canadian Embassy in Makati City.
The Family Code of the Philippines, which took effect sometime in 1988, now requires non-Filipino citizen( Art. 21) who intend to marry within Philippine jurisdiction to secure a Certificate of Legal Capacity to Contract marriage as condition sine qua non in the issuance of marriage license.
If I may add. If you intend to marry in the Catholic Church, be sure to secure the necessary clearance from your local parish here in Canada, to the effect that per their records, there is no legal impediment for you to marry.
Advance Congratulations and Best wishes to you and to your bride to be! And Thank you for writing.
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