Marriage Visa Change in Notarization Requirements for Legal Capacity to Contract Marriage

United States Embassy Manila, Philippines
United States Consular Agency, Cebu Philippines
April 6, 2021

Effective immediately, the Philippine Statistics Authority (PSA), pursuant to recently issued Memorandum Circular No. 2021-004, will allow local notarization in the Philippines of the “Affidavit of Legal Capacity to Contract Marriage.”

As a result, U.S. citizens who wish to marry in the Philippines are no longer required to have their affidavits notarized at the Embassy or Consular Agency. Instead, you may have the affidavit notarized locally in the Philippines. We encourage U.S. citizens to have these affidavits notarized locally, as appointments for consular services remain limited at the Embassy and Consular Agency due to the ongoing pandemic.

Please visit the PSA website or inquire with the Local Civil Registry Office where you plan to be married for more information.

For more information on notary services, please see our website.

 

This is very welcome. So now what are the pros and cons of marriage visa versus SRRV retirement?

 

Not sure but I think with an SRRV if you decide to cancel your visa, you can get your money back.

With marriage;
No cancellation.
No refunds.
No returns.
terms and conditions may apply.

On a more serious note, does anyone know if the Philippines will accept a notorized affidavit for other nationalities?

 

My question is different. The Memorandum Circular No. 2021-004 still says that the Affidavit of Legal Capacity to Contract Marriage form has to be obtained through the US Embassy or Consulate. However both the Embassy and Consulate say to contact PSA because they no longer offer this service.

Simply put, "WHO HAS THE FORM?" and "WHERE/HOW DOES ONE GET IT?"

Please advise.

Salamat,

Volti62904

 

Here's a link from the UK saying the same thing. Plus their Embassy offers the form and the Memorandum in pdf format for download:

https://www.gov.uk/government/publications/marriage-in-the-philippines

 

As I understand the U.S. Consulate notification, you can now make and submit a notarized affidavit that you are not married with any notary. In the Philippines, that means any attorney who also holds a notary license. Apparently, the U.S. has finally persuaded the Philippines that it, the U.S. Federal government, has no list of married Americans (such as the Philippines has, for filipinos, through the National Statistics Authority). So give it a try. Go to a lawyer, get a notarized statement, and take it to your local government unit to obtain a marriage license. Let us know how it goes.

By the way, the legal charge for notarization of a document is P200. But if the attorney has to produce (or download) the document, they can charge you a legal research fee.

 

Is the PSA is going to prefer to receive the "Certificate of Legal Capacity to Contract Marriage" form or the "Affidavit in Lieu of..." form?

As for writing my own affidavit, the actually wording of the Memorandum doesn't seem to support that:

"The Family Code of the Philippines requires a Certificate of LegalC apacity to Contract Marriage for foreign citizens who wish to marry int he Philippines, viz:

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.
...

Also, the Philippine government has generally accepted affidavits(samples are hereto attached*) which attest that the foreign citizens arelegally capable of entering into marriage since they are sufficient compliance with the requirement provided by the above-mentionedp provisionof the Family Code.

IN THIS REGARD, WHAT IS ONLY REQUIRED BY THE PHILIPPINE LAW IS FOR A CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE TO BE ISSUED DIRECTLY BY THE DIPLOMATIC OR CONSULAR OFFICIALS. THERE IS NO EXPRESS MANDATE UNDER ANY LAW AND/OR RULE THAT THE SAID CERTIFICATE SHOULD ONLY BE NOTARIZED BEFORE THE DIPLOMATIC OR CONSULAR OFFICES. THEREFORE, THE SAME RULE SHOULD BE APPLIED FOR AFFIDAVITS IN LIEU OF CERTIFICATES OF LEGAL
CAPACITY TO CONTRACT MARRIAGE.

*no copy of the Memorandum I've downloaded has the "hereto attached" samples. Does anyone here have these samples, and, if so, can you post them (or provide a link to download them)? But the area in all caps still seems to require a document issued by an Embassy or Consulate.


The other question is regarding the actual certificate. Are all the certificates the same? If so, can I use the wording from a "Certificate" from another country (as long as it's in English)?

 

Download affidavit form and try it on your local marriage clerk. Can't hurt to try.
http://legal-forms.philsite.net/general-affidavit.htm

 

So you're saying to create something like the following. Please feel free to add or delete. I recall that the Consulate listed all marriages and divorces in the Affidavit.

AFFIDAVIT

I, (volti 62904) , a citizen of the United States of America, of legal age, single, and a resident of (Insert Affiant's US Address), and the holder of US PASSPORT #Xxxxxx, after having been duly sworn in accordance with the law, hereby depose and say:

That....
1. I have no legal impediments to prevent me from contracting marriage in the Philippines to a Filipino woman in accordance with the Family Code of the Philippines as I am currently Divorced, and legally free to (re)marry.

2. I have been married a total of ____ times and each and every one of those marriages has been legally ended by a decree of Divorce.

3. This is the complete history of my past marriages, along with the dates they began and were terminated. Certified copies of each divorce decree are available upon request.

Further Affiant sayeth none.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ......... day of ..................... , 20__ in ..................................... Philippines.

.......................Volti62904.............................
(Signature of Affiant over Printed Name)


SUBSCRIBED AND SWORN before me this........ day of ........................... 20__, by ............................................. who exhibited to me his CTC No. ................................... issued on ................................. at ...........................................

Notary Public

Doc. No. .........:
Page No. .........;
Book No. .........;
Series of 20__.

 

That's impressive. Are you an attorney?
One more thing: smile and look happy, like newlyweds who expect everyone to be appreciative and helpful.