Provided they can present sufficient proof of their capacity to contract marriage (depending on civil status) and other documentary prerequisites, Filipinos living abroad can get married pursuant either to :
- the marriage laws of their foreign country of domicile; or
- the Family Code of the Philippines (Executive Order No. 209, s.1987)
The Family Code of the Philippines provides that all marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in the Philippines, except those expressly prohibited by law (Articles 35 (1), (4), (5) and (6), 36, 37 and 38).
MARRIAGE UNDER HOST COUNTRY LAWS
Citizens of the Republic of the Philippines who intend to get married outside the Philippines in accordance with the prevailing marriage laws of their foreign country of domicile should reach out to their local municipal authorities to find out the exact procedure for getting married and documentary submissions to be accomplished. This varies from country to country.
Foreign nationals are usually requested to show qualified proof of having no legal impediment to get married in accordance with his/her national law. Filipinos in Indonesia should personally execute a sworn declaration of his/her personal circumstances relating to civil status for legalization (notarization) at the Consular Section of the Philippine Embassy and bring corresponding evidence to support his/her claimed marital status.
It is the responsibility of the Philippine national that contracts marriage abroad to notify Philippine authorities of such fact by filing a Report of Marriage at the Philippine Embassy / Consulate with jurisdiction over the place of marriage. Once the Report of Marriage has been registered at the embassy/consulate, the embassy/consulate will forward a copy of the Report of Marriage to the Philippine Statistics Authority via the Department of Foreign Affairs.
MARRIAGE UNDER THE FAMILY CODE OF THE PHILIPPINES
Filipino couples living abroad who desire to be legally married under the Family Code of the Philippines can do so within the premises of the Embassy. Article 10 of the Family Code empowers a Philippine consular officer to solemnize marriages between citizens of the Republic of the Philippines. No prescribed form or religious rite for the solemnization of a civil marriage is required under the Family Code. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife.
Before a solemnizing officer can officiate the marriage, a marriage license is required, being a formal requisite under Philippine law, except in cases covered under Chapter 2 of E.O. 209.
Once a marriage license has been granted to the Filipino couple abroad, the marriage ceremony and exchange of vows will be scheduled by the embassy. The Embassy will issue a Marriage Certificate after the consular officer has solemnized the civil wedding, which shall be signed by the contracting parties and their witnesses.
The Embassy shall be responsible in transmitting a copy of the Marriage Certificate to the Philippine Statistics Authority (PSA, formerly NSO) in order for the marriage to be included in Philippine civil registry records.