How to Get an Affidavit of Legal Capacity to Contract Marriage?

If you are an American Citizen who has a Filipino fiance or a Filipino with American, who want to marry in the Philippines, you will need to get an Affidavit of Legal Capacity to Contract Marriage notarized by the Embassy. This is, if you don't already have the documents before you travel to the Philippines. Most of the American Citizens knows they are getting married when they move to the Philippines so they usually have all the documents needed with them.

Anyway, there's no documents accepted other than the one notarized by the Embassy. See below on how to get this document:

 1. Go to their website to book an appointment, depending on where you are located. They have one in Manila and one in Cebu, Just follow the instructions when you are directed to appointment window. If you can't find any available slots, make sure to check everyday because there are times they open a slot for the current month. Walk-ins are not allowed. Make sure to print your appointment confirmation.

2. You can have your own version of the affidavit or you can also check the sample they have provided here. Like any other affidavit, you will have to fully understand the contents and purpose of your document.You can ask the Agency staff of any help, but they cannot provide legal advice or explanations. All documents must be in English. Any other languages will not be accepted for notarization.

3. Make sure to fill all necessary details and then print it, but DO NOT sign it. You will sign it in the presence of the consular officer after an oath or affirmation. Having this ready is faster, otherwise, you will have to fill-up the form when you get there.

4. At the time of your visit, make sure to bring a valid government-issued ID that matches the name on the document to be notarized. When you arrive at the Embassy, you will be asked for a printed copy of your appointment confirmation. They will then direct you which lane and which door to take.

5. Once inside the Security check, you will be asked to leave your phone, alcohol (if you have) with them. You will be given a number to claim them back after your transaction. All your belongings will pass through the X-ray machine and you will be asked to pass under the meta detector.

6. Once cleared, then you will be allowed to enter. Just follow the gated path to get to the waiting area. You will be asked to wait, until the security guard tells you to enter to the building.

7. Once in the building, you will be asked for your ID, the print copy of your appointment and then they will give you a number. You will again pass through the metal detector going to the elevator.

8. On the 2nd Floor, make sure to sit in front of the Windows 16 to 22, these are the windows that notarize all documents. Once your number is called, present it along with your ID and the print out affidavit. You will then be asked to pay the fee.

9. The fee is $50 or Php2,927.78, depending on the current exchange rate. This fee is per document so if you do not need more then 1, just present 1 copy.You can pay the fee at the cashier (Window 15) by cash or credit card. If you are paying via a credit card, you are require to present a valid ID.

10. Once paid, do back to the same window you were called, or if there's someone before you, wait until you are called. You will now ask to take an oath and then sign the document and then the agent will notarize it.

IMPORTANT NOTE:

• Do not arrive more than 15 minutes of your scheduled visit.
• You do not need photos or any other documents, just the valid ID and the affidavit. If you do not have an affidavit ready, they will provide you a blank one that you can fill-up.
• Notary appointments are available in Manila between 12:45 p.m. to 2:30 p.m. and Cebu between 9:15 a.m. to 11:30 a.m., Monday through Friday, except for U.S. and Philippine holidays.
• No photography allowed near the vicinity of the Embassy.

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