This is a question arise when I have a conversation with someone in facebook. So I prefer to publicly details about it. Under Art. 21. of the family code...state that 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 person 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...
1. The capacity of a foreigner to get married in the Philippines is governed by his national law, a foreign law, so that our government offices and courts cannot take judicial notice of said law.
Hence, if he applies for a marriage license to be able to get married in the Philippines, he is required to present a certificate of legal capacity to contract marriage from the embassy or consular office of his country in the Philippines, since they are one know the national law of said foreign and whether he has capacity to marry under the law...
3 comments:
Ok. So this shows that before getting married here, a foreigner must show that he has the capacity to get married, and the documents that will show that is issued from his government.
I am thinking a little ahead and wondering under what law this marriage will fall under in case there will be issues regarding the marriage in the future? Will they follow the law in the Philippines where the marriage took place? Or will they also consider the laws of the country of origin of the foreigner?
As the law says: A foreigner to married here in our country is govern by his national law.
And the Filipino or Filipina is govern under our laws. If any issues arise between the two parties and the other want divorce or separation. The laws of both parties apply...
But that is where the confusion will arise because as of now, there is no divorce in the Philippines.
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