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Cert of Legal Capacity to Marry Not Accepted?

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Filed: Timeline

DISCLAIMER: Philippine Law requires non-Filipino citizens to obtain a Certificate of Legal Capacity to Marry if they wish to marry in the Philippines. U.S. Consular Officers cannot make any official certification about the status or eligibility to marry of persons residing in the United States who propose to be married abroad, or about the laws of the United States or of any of the fifty States or Territories about eligibility for marriage or the solemnization of a marriage. Instead, the U.S. Embassy provides an Affidavit In Lieu of Certificate of Legal Capacity to Marry. The affidavit is the only document the U.S. Embassy is able to provide. If the local registrar refuses to accept the affidavit, there is nothing that the U.S. Embassy in Manila can do. It is the applicant’s responsibility to verify directly with the local registrar their requirements.

In late 2011, the U.S. Embassy learned that the following local registrars had refused to accept the Affidavit In Lieu of Certificate of Legal Capacity to Marry as a viable alternative to the Philippine document: Makati City, Quezon City, Davao City.

Please note that all fees paid for this notary service are non-refundable. Because U.S. Consular Officers are not in a position to respond with authority to questions involving interpretation of specific Philippine laws, such questions may best be addressed by an Attorney licensed to practice law in the Philippines. American diplomatic and consular officers do not have legal authority to perform marriages.

http://manila.usembassy.gov/marriage.html

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...U.S. Consular Officers cannot make any official certification...In late 2011, the U.S. Embassy learned that the following local registrars had refused to accept the Affidavit In Lieu of Certificate of Legal Capacity to Marry as a viable alternative to the Philippine document: Makati City, Quezon City, Davao City...

Thanks Crusty. I've read that same page, and I understand the embassy only provided an affidavit, although they did examine my documentation and ask about several details of our planned marriage. Interesting that they also list Davao City. I wonder what those three cities have in common? Davao is practically on the other side of the country.

In any case, we've decided to avoid Quezon City Hall, and to instead establish residence in another city where they will still accept the embassy affidavit. Thanks for your reply.

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  • 2 weeks later...
  • 2 months later...
Filed: Timeline

I'm really worried about this. I'm supposed to get married in Davao City in January. Can you get your marriage license and get married in any city you choose thats close by?

Matt

I know this is an older thread but I just wanted to let anyone know who planned on getting married in Davao City is fine. I was happily married January 17th 2012 and I can also include (LOL) a late response I got:

Please be informed that the City Government of Davao through the City Civil Registrar's Office still accepts the Affidavit in Lieu of the Legal Capacity to Marry secured from the US Embassy for Americans who intend to get married in Davao City. This requirement is embodied in the provisions of the New Family Code of the Philippines which cannot be suspended or otherwise removed by any local official. Hence, you may still submit the Affidavit In Lieu of the Certificate of Legal Capacity to support the application for marriage license in Davao City.

Please be guided accordingly.

Atty. Leo Anthony R. Braceros

City Civil Registrar

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Filed: Country: Philippines
Timeline

I know this is an older thread but I just wanted to let anyone know who planned on getting married in Davao City is fine. I was happily married January 17th 2012 and I can also include (LOL) a late response I got:

Please be informed that the City Government of Davao through the City Civil Registrar's Office still accepts the Affidavit in Lieu of the Legal Capacity to Marry secured from the US Embassy for Americans who intend to get married in Davao City. This requirement is embodied in the provisions of the New Family Code of the Philippines which cannot be suspended or otherwise removed by any local official. Hence, you may still submit the Affidavit In Lieu of the Certificate of Legal Capacity to support the application for marriage license in Davao City.

Please be guided accordingly.

Atty. Leo Anthony R. Braceros

City Civil Registrar

Thanks, also, for posting this.

Edited by randy&rechie
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  • 5 years later...

I know this post is really old but im getting married in August 2017 im a divorce person. Last March 2016 i get a legal capacity contract from US Embassy. Is this paper still ok to use or i need to get another one? Im hearing on this conversation that Quezon City hall is not accepting this paper? But do anyone know if they accepting this now? I divorce my ex wife in the philippines years ago is that a problem if i get married in the philippines again? Please if any one has a information that would be helpful. Thank you in advance

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Filed: Other Country: Philippines
Timeline

Yup it is a very old topic.  You could start a new topic with your questions, then people wouldn't have to read through 6 years of postings to get to yours. :idea: 

 

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