FAMILY CODE OF THE PHILIPPINES

Arts. 19-20 THE PHILIPPINES Art. 21

civil registrar shall require the

Art. 19. The local regulations before Art. 21. When either or both of the contracting parties
by law or
payment of the fees prescribed citizens of a foreign country, it shall be necessary for
marriage license. No other sum shall be are
the issuance of the before a marriage license can be obtained, to submit a
of a fee or tax of any kind for the them
collected in the nature
It shall, however, be issued free of certificate of legal capacity to contract marriage, issued by
issuance of said license.
parties, that is, those who have no visible their respective diplomatic or consular officials.
charge to indigent
whose income is insufficient for their Stateless persons or refugees from other countries shall,
means of income or
established by their affidavit or by their in lieu of the certificate of legal capacity herein required,
subsistence, a fact
registrar. (65a) submit an affidavit stating the circumstances showing such
oath before the local civil
KWj
i!«w$k*i
capacity to contract marriage. (66a)

tMmS
id SSI fi COMMENT:
COMMENT: 1
Kfel Indigent Parties Are the Only Ones Exempt from Fees
(1) Certificate of Legal Capacity Required for Foreigners
on Issuance of Marriage License
WkSBs In general, capacity of foreigners to contract marriage in
Reason: They have no visible means of income or whose the Philippines is subject to their personal law (that is, their
income is insufficient for their subsistence, a fact established Vr national law, as a rule); thus, they are required under this
through an affidavit or oath made before the local civil Article to obtain a certificate of legal capacity.
(Note that Art. 21 applies where EITHER or BOTH are 1
citizens or;subjects of a foreign country.)
/
Art. 20. The license shajl be valid in any part of the
Philippines for a period of one hundred twenfydays from the j (2) Who Can Issue the Certificate of Legal Capacity
date of issue, and shall be deemed automatically cancelled at The certificate of legal capacity should be issued by the
the expiration of said period if the contracting parties have proper diplomatic or consular officials.
not,made use of it. The expiry date shall be stamped .in bold
characters on the face of every license issued. (65a) (3) Diplomatic Officials
(a) Ambassador
COMMENT: (b) Minister plenipotentiary and envoy extraordinary
Life of a Marriage License (c) Resident minister m
Under this Rule, the life of a marriage license subsists for (d) Charge d'affaires (in charge of affairs)
120 days from date of issue and with the expiry date stamped
in bold character on the face of every license. (4) Consular Officials
Note that under Art. 350 of the Revised Perÿi Pnde «nv (a) Consul-general
(solemnizing) office
(b) Consul
after the license had expired may be held
criminally liable. (Sec. Mamaril v. Boy Scouts theTTiils., 688 (c) Vice-consul
of
SCRA 437) ' (d) Consular agent

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