Is a US Virtual Wedding or Marriage Legal in the Philippines?
Are marriages performed online in the United States of America recognized in the Philippines?
Yes. A marriage performed outside the Philippines is lawful in the Philippines if it is also valid in the country where it was performed, according to Article 26 of the Philippine Family Code. As a result, if a marriage ceremony performed online in the United States is valid in the United States, it will also be valid in the Philippines.
Article 26 of the Philippine Family Code is the source of this information.
"All marriages solemnized outside the Philippines, in accordance with the laws in existence in the nation where they were solemnized, and valid there as such shall be valid here as well."
Furthermore, the Philippines follows the norm of lex loci celebrations, which translates to the "law of the site of the ceremony" when it comes to the solemnization of marriages. The legislation of the state where the marriage is solemnized or performed will be followed under this provision. This means that a state will recognize a marriage performed or celebrated in another state as long as it complies with the state's legal criteria.
How to Register Your Marriage in the Philippines
Part I: Locate the Consular Office closest to you.
If you are in the Philippines and want to report a marriage that took place outside of the Philippines, you can do so at the Department of Foreign Affairs-Office of Consular Affairs, Consular Records Division, Bradco Avenue corner Macapagal Boulevard, Aseana Business Park, Paraaque, 1714 Metro Manila, or at any DFA-Regional Consular Office nationwide.
Go to https://consular.dfa.gov.ph/directory#COS and write down the nearest Consular Office. The directory provided in the link is divided into areas. It's a good idea to choose your region and write down the address of the Consular Office in that area.
Part II: Mandatory Primary Documents
1. FIVE (5) ORIGINAL COPIES of the signed copy Report of Marriage Form, typed or printed legibly in black ink and signed by both the husband and wife. In the form, wives should write their maiden name as their last name. Entries must be made at the time of the spouses' marriage. Forms should be printed on A4 paper and filled out completely in black ink before being signed and notarized (Item 20 of the Form), with the notary public signing AND acknowledging that both parties (or the one living if the other party is deceased at the time of reporting with the Consular Office) personally appeared before the notary public.
2. Four (4) photocopies of the original MARRIAGE CERTIFICATE Note: The original copy of the marriage certificate should be sent to the Office of Consular Affairs at the Department of Foreign Affairs.
3. HUSBAND AND WIFE'S BIRTH CERTIFICATES
Four (4) photocopies of the alien spouse's foreign birth certificate
Original copy of the Filipino spouse(s)' Philippine Statistics Authority (PSA) birth certificate(s) and four (4) photocopies
Note: If the Filipino spouse does not have a PSA Birth Certificate, he or she can apply for one online at this website.
4. HUSBAND AND WIFE'S VALID PASSPORTS AND IDS
Both husband and wife must have valid passports at the time of marriage.
Submit five (5) photocopies of each passport's DATA PAGE.
Both husband and wife must have a valid passport.
5 photocopies must be submitted.
5. Original or notarized copy of PROOF THAT THE SPOUSE(S) WAS/WERE FILIPINO(S) at the time of marriage
Examples:
Green card and/or permanent resident card,
Copy of US Visa – if travelled to the US as a tourist, for leisure or business,
Job contract or working permit – if working abroad at the time of marriage) This means that if both the husband and wife are Filipinos at the time of the marriage, each must provide proof. Only the Filipino spouse must present proof if only the woman or husband is Filipino. Note: If the Filipino citizen obtained American citizenship after the marriage, a notarized copy of the foreign naturalization certificate as well as four (4) photocopies must be submitted.
6. FIVE (5) recent passport-size photographs of both the husband and wife
The photographs must be the size of a Philippine passport (4.5 cm x 3.5 cm or 1.8 inches x 1.4 inches). With a colored background and a white background. Close-up of a regular close-up image. It should be plain to see (with no eyeglasses or any accessories that may cover the facial features). The image should not be computer enhanced and should display both left and right ears.
7. Certificate of No Marriage Record (CENOMAR) from the Philippine Statistics Authority (PSA) (CRS Form No. 3) by the Filipino spouse.
Submit the original certificate and four (4) photocopies. The CENOMAR is a certificate issued by the PSA to prove that the Filipino has no record of marriage in the civil registry. If the Filipino spouse does not have a Certificate of No Marriage Record (CENOMAR), he/she may request one online through this link.
8. FEE FOR PROCESSING Payment must be made in Philippine pesos for a total of $25.00. Payable in cash at the Consular Office's Cashier. This is a one-time fee that will not be refunded. (We do not accept personal cheques or credit cards.)
Part III. Additional Requirements
The requirements in this section vary depending on the circumstances of the marriage or the people involved.
9. A NOTARIZED AFFIDAVIT OF DELAYED REGISTRATION OF MARRIAGE must be completed if the Report of Marriage is filed after 12 months from the date of marriage. Using the link provided below, download the Affidavit form and fill it out as needed, citing the reasons for the late registration. After that, get it notarized. Both parties must sign and execute the affidavit, which must then be notarized by a notary public. Four (4) original signed and notarized affidavits must be submitted.
The following is a link to the Affidavit:
10. A NOTARIZED Affidavit OF TWO (2) DISINTERESTED PERSONS must be presented if the Report of Marriage is filed after 12 months from the date of marriage. An Affidavit of Two (2) Disinterested Persons certifies that a marriage took place but was not immediately registered for the reasons listed. The affidavit must be signed by two (2) people who are not related to the husband or wife, and it must be notarized by a notary public. Four (4) original signed and notarized affidavits must be submitted.
This link contains an example of an affidavit. You can make a copy of this affidavit and fill in the blanks.
11. If one or both of the spouses is a widow or widower, produce his or her former husband or wife's death certificate. It must be a DEATH CERTIFICATE given by the PSA for the Filipino spouse. One (1) original or certified true copy, as well as four (4) photocopies, must be submitted.
12. If the Filipino spouse's previous Philippine marriage was annulled, provide the following information:
PSA Marriage Certificate with Annulment Annotation Amended PSA Marriage Certificate with Annulment Annotation One (1) original or certified true copy, as well as four (4) photocopies, must be submitted. This link allows the Filipino spouse to make a request online. https://www.psaserbilis.com.ph/Default.aspx
Annulment Decree from the Court One (1) original or certified true copy, as well as four (4) photocopies, must be submitted.
Finality Certificate One (1) original or certified true copy, as well as four (4) photocopies, must be submitted.
The Judicial Decree of Annulment and the Certificate of Finality are issued by the Regional Trial Court or Family Court that granted the annulment. Both of these documents must be authenticated by the Department of Foreign Affairs (DFA).
13. Submit the international Divorce Decree if the Foreign Spouse was previously married to another foreigner.
14. If the Filipino spouse was previously married to a foreigner and the foreigner received a legitimate divorce outside of the Philippines, submit:
Foreign Divorce Recognized by the Courts One (1) original or certified true copy, as well as four (4) photocopies, should be submitted.
Certificate of Finality One (1) original or certified true copy, as well as four (4) photocopies, should be submitted.
The Judicial Recognition of Foreign Divorce and the Certificate of Finality are issued by the Regional Trial Court or Family Court that granted judicial recognition of foreign divorce. Both of these documents must be authenticated by the Department of Foreign Affairs (DFA).
There is no divorce in the Philippines, but if an alien spouse obtains a valid divorce from his or her Filipino spouse outside of the country, the Filipino spouse is allowed to remarry under Philippine law. However, before the Filipino spouse can remarry under Philippine law, the divorce acquired overseas must be adjudicated by a Philippine court to prove its legitimacy.
Steps (Part IV)
1. Complete all of the required documentation.
2. Before going to the nearest Consular Office, request an appointment with the Consular Records Division by email. Send an email to this address (for initial verification and appointment scheduling) with scanned copies of the documentary criteria attached:
Important! Before visiting the Consular Offices, all applicants must make an appointment.
3. Go to the nearest Consular Office and submit the paperwork to the Civil Registration Unit once the documents have been pre-evaluated and an appointment has been set.
4. The Civil Registration Unit's processor will review the documents and confirm that they are complete.
5. The consular fee must be paid at the cashier by the applicant. USD25 in Philippine currency is required as a consular charge.
6. After payment, the applicant must photocopy the receipt (Step 5) five (5) times and deliver the receipt to the Civil Registration Unit processor. The original receipt and a copy of the Request Form will be supplied to the applicant.
7. For registration, the submitted Report and accompanying documents will be sent to the relevant Foreign Service Post (Embassy/Consulate General).
Time required for processing: 3 to 5 months
About the author
Atty. Gerald S. Manog, JD
Member, Integrated Bar of the Philippines
IBP Cebu Chapter
Attorney’s Roll Number: 76026
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