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Required documents for marriage between two filipino citizens if one of them is born abroad

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roquestrongo


Arresto Menor
Good day,

i seek for information and advice for the following Situation:

- Two filipino citizen want to get married in Philippines (civil wedding)
- the to be wife is born in Philippines her parents are filipinos and her current residence is in the Philippines
- the to be husband is born abroad as the son of a filipina and his current residence is in the Philippines
- the husbands RoB is issued via FA Form No.40 (Est. April 1947) "Child Born Abroad of Philippine Parent or Parents" issued by the Philippine Embassy of his birth place in 1983.
- both got a Filipino Passport, PSA issued RoB, PSA issued CENOMAR.

The requrements for two filipinos to get a marriage license i found , do state:

- Philippine passport as proof of Philippine citizenship
- Birth Certificate issued by PSA
- Certificate of No Marriage Record (CENOMAR) issued by PSA
- Two (2) identical 3.5 cm x 4.5 cm ID photos

When applying for marriage license at a municipality within Philippines the couple is told that the husband needs a "Certificate of legal capacity to get married, issued by the place the husband was born, even he already presented a PSA issued CENOMAR.

During research on the internet i couldn´t find anyhting that certifies the need of a "Certificate of legal capacity to get married" issued abroad. The embassy of the other country also stated that they can´t issue a "Certificate of legal capacity to get married" for a filipino.

Does anybody know where i can find information or wich law states that abroad born filipino citizen need a "Certificate of legal capacity to get married".

Regards

A.M.







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Rinnie

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Arresto Menor
We have the same case. My husband is born in Japan but he is pure Filipino. When we got married, we only provided CENOMAR, Birth Certificate, CEDULA, IDs and Photo. We weren't asked for any other documents aside from those. We got married in Makati.

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roquestrongo


Arresto Menor
@rinnie , thanks for your reply, may i ask what is a CEDULA?

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Jadis

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Reclusion Perpetua
Is the groom's father a foreigner?

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Rinnie

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Arresto Menor
roquestrongo wrote:@rinnie , thanks for your reply, may i ask what is a CEDULA?

CEDULA is a resident certificate. It may serve as a proof that you live in the municipality and you'll get this by paying community tax.

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Jadis

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Reclusion Perpetua
Where was the groom born?

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roquestrongo


Arresto Menor
Thanks for your replies.

@jadis
the groom was born abroad his mother is filipina his father is foreigner.


By the way:

I was in touch with the embassy of the Philppines of the place where the groom was born. They said they never heared of anything like that. I was told by the embassy the only way a filipino can get somewhat "legal capacity to contract marriage" is by requesting CENOMAR at PSA (wich the groom succesfull did already).

To go one step further i also contacted the register on the birthplace (abroad) of the groom, they replied that they can´t give any legal capacity to contract marriage for foreign citizen (Filipino in this case). The foreign citizen need to request legal capacity at his home country (Philippines > CENOMAR).

After thinking about everythign theres also only the one thing that makes sense..... a Filipino can only get "legal capacity to contract marriage" aka. CENOMAR at a Philippine authority (PSA) no matter where he was born or where he is living. As a citizen of a country you need to report your marriage to your country , the same only your country can issue a CENOMAR, otherwiese a person woudl have to request cenomar from each country of the world because it might be he is married in another country without registering in his home country wich doesnt make sense at all.



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