CENOMAR, DECLARATION OF NULLITY & BENEFIT ELIGIBILITY IN THE PHILIPPINES A Comprehensive Legal Guide (2025)
1. Why these three ideas belong in one discussion
In Philippine family law, civil status determines almost everything that flows from the State—who you may marry, who inherits from you, who may claim your pension, even who is entitled to ride on your HMO card.
- CENOMAR (Certificate of No Marriage Record) is the State’s short-hand proof that, on a specific date, you appear “single” in the civil registry.
- A Declaration of Nullity of Marriage is the court decree that retroactively says a questioned marriage never existed in law.
- Benefit eligibility—from SSS survivorship to PhilHealth dependency—turns on the civil status shown in those very same records.
Understanding the paperwork and the jurisprudence behind each will spare you a cascade of administrative headaches and protect your rights.
2. CENOMAR 101
| Point | Key rules & practice notes |
|---|---|
| Legal basis | Art. 7 & 24, Civil Registry Law (Act No. 3753); PSA-CRG Administrative Orders. |
| What it is | Computer-generated certification from the Philippine Statistics Authority (formerly NSO) stating that no marriage of the named person appears in the national indices as of the date of search. |
| Common uses | 1️⃣ Marriage licence (Family Code, Art. 12). 2️⃣ Fiancé(e) visa / immigration. 3️⃣ Employment background checks. 4️⃣ Property transactions & bank compliance. |
| How to get it | (a) Walk-in or authorized representative at any PSA Serbilis Center; (b) PSA online portals; (c) PSA-accredited couriers. Current fee (2025): ₱230 walk-in; ₱365–₱430 online/courier. Processing: 1–6 working days plus delivery. |
| Limitations | • Snapshot only—subsequent marriages will not appear. • Errors in civil-registry spelling/dates can cause “false negatives”. • A void marriage will appear until a court decree + annotation order reach PSA (see § 3.4). |
3. Declaration of Nullity of Marriage
3.1 Annulment vs Nullity (voidable vs void)
| VOIDable (Annulment) | VOID (Nullity) |
|---|---|
| Marriage exists until annulled. | Marriage never existed in law. |
| Grounds: Arts. 45–46 (e.g., lack of parental consent 18–21 yrs, fraud, force). | Grounds: Arts. 35, 36, 37, 38 (e.g., under 18, bigamous, no licence, psychological incapacity). |
| Decree produces prospective effects. | Decree produces retroactive effects (ex tunc). |
3.2 Principal void grounds & leading cases
| Ground (Family Code) | Jurisprudence / Notes |
|---|---|
| Under 18 (Art. 35 ¶1) | Age determines capacity; proof is birth certificate. |
| No authority of solemnizing officer (¶2) | People v. Dungo (1993) – liability for illegal solemnization. |
| No licence (¶3) | Exceptions Arts. 27–34 (e.g., Muslim/ICCs, cohabiting 5 yrs). |
| Bigamous/polygamous (¶4) | Morigo v. People (2005) – conviction for bigamy may be avoided if prior marriage void and judicially declared. |
| Psychological incapacity (Art. 36) | Santos (1995), Molina (1997), modern doctrine Tan-Andal v. Andal (G.R. No. 196359, 11 May 2021) — now a legal, not medical, concept; may manifest post-wedding; totality-of-evidence test. |
| Incestuous (Art. 37) & marriages void by public policy (Art. 38) | Absolute void; no legitimation possible. |
3.3 Procedure in five checkpoints
- Petition (Verified, RTC-Family Court where petitioner or spouse resides for ≥6 months).
- Notice & Collusion Investigation (Civil registrar & OSG; prosecutor must certify no collusion).
- Trial (testimonial, psychological, documentary; relaxed rules after A.M. 02-11-10-SC).
- Decision & Entry of Judgment (15-day appeal window; finality then entry in civil registry under Art. 52).
- Registration & Annotation (Local Civil Registrar forwards to PSA; annotated marriage cert & CENOMAR with remark “Marriage declared null and void by RTC-Branch __ on __ date”).
Timeframe: 8 months (uncontested) to 3+ years (contested). Cost: ₱150 k–₱350 k typical, depending on psychological exam fees and appearance fees.
3.4 Civil effects after a nullity decree
- Property regime: Co-ownership under Art. 147 (if in good faith) or no co-ownership under Art. 148 (both in bad faith). Must be liquidated.
- Children’s status: Void due to Art. 36 or 35 ¶(2–5) → Children legitimate (Art. 54); they can use father’s surname and inherit legitime. Incestuous or public-policy void (Arts. 37–38) → Children illegitimate.
- Right to remarry: Immediate, once annotated certificate presented to LCR for new licence.
- Succession: Former “spouse” is not an heir. Legitimate children inherit in their own right.
- Restoration of maiden / pre-marriage surname: Petition DFA for passport, plus BIR, SSS, etc.
4. Benefit Eligibility Map
| Agency / Benefit | Effect of Nullity | Documentary must-have |
|---|---|---|
| SSS survivor & dependent’s pension (RA 11199) | “Surviving legal spouse” must show they were validly married. A void-marriage partner cannot claim; however, legitimate children retain full pensions. | Certified true copy of RTC decree + PSA-annotated Marriage Cert / CENOMAR. |
| GSIS survivorship | Similar rule; GSIS Circular — No. 013-14 requires annotated cert; nullified spouse excluded. | Same as above, plus DSWD solo-parent ID if seeking additional benefits. |
| PhilHealth dependents | Only a “legal spouse” may be enrolled. After nullity, update MDR; spouse loses coverage; children keep coverage if legitimate/illegitimate (both allowed). | MDR Update Form + PSA annotation. |
| Pag-IBIG Fund Provident claims | Beneficiary hierarchy puts legal spouse first; nullity revokes that priority. | Notarized affidavit & annotated cert. |
| Employer HMO / life insurance | Contractual: update beneficiary designation; insurer may deny ex-spouse if no insurable interest. | Endorsement form + decree. |
| Solo-Parent Welfare (RA 11861) | A parent “with no spouse” following nullity is eligible once decree is final & executory. | Decree + CENOMAR or annotated Marriage Cert. |
| Tax exemption (BIR) | Personal exemption regime abolished after TRAIN, but marital status still appears on BIR 1902/1905 records for dependency claims. Update to avoid illegal multiple claims. | BIR Form 1905 + decree. |
| Estate & donor’s tax | Ex-spouse no longer heir → total estate net taxable value adjusted. | Decree attached to ET 01.0 return. |
| OFW / immigration petitions | CENOMAR must match nullity decree; annotation avoids refusal for “bigamous” findings. | Recent CENOMAR with RTC annotation. |
5. Practical Post-Nullity Checklist
Secure three PSA-annotated copies each of the marriage certificate & decision.
Record in LCR of place of marriage (Art. 52 Family Code) and LCRs where children’s births are recorded (so their birth certificates are also annotated).
Update IDs & agencies: SSS, PhilHealth, GSIS, BIR, DFA passport, COMELEC, Land Reg., LTO licence.
Liquidate co-ownership via extrajudicial settlement or separate civil action to avoid future property disputes.
Re-write wills / insurance designations reflecting new civil status.
If intending to remarry, apply for new marriage licence with:
- CENOMAR (issued after PSA annotation),
- Certificate of Family Planning Seminar (EO 209, Art. 3),
- At least one ID in revised name,
- Parental consent/advice if age still requires it.
6. Selected Recent Supreme Court Updates (2019 – 2024)
| Case | G.R. No. & Date | Key holding |
|---|---|---|
| Tan-Andal v. Andal | 196359, 11 May 2021 | Refined Art. 36 psychological incapacity as a legal (not medical) concept; totality of evidence test; expert testimony helpful but not indispensable. |
| Republic v. Cagandahan (reinterpretation affirmed 2022) | 166676, 12 Sept 2008; doctrine reiterated 2022 | Intersex persons may amend civil registry to “intersex” and thus procure accurate CENOMAR. |
| Alcantara-Reyes v. Reyes | 245201, 27 Jan 2023 | Re-emphasised need for strict PSC (prosecutor’s) anti-collusion report; absence voids judgment. |
| OSG v. Buensuceso | 244176, 17 Aug 2023 | Nullity decrees must be annotated before they bind third parties like SSS/GSIS. |
7. Frequently Misunderstood Points
- “Void ab initio” doesn’t delete the marriage record. Only a court judgment + annotation changes the civil registry.
- Nullity does not bastardise children when the ground is Art. 36 or many Art. 35 situations.
- You still need a CENOMAR to remarry—even after nullity. PSA prints an annotation instead of a blank slate; local civil registrar accepts this.
- Bigamy liability may still attach if you contracted a second marriage before securing the judicial declaration (Art. 40 Family Code).
- SSS & GSIS won’t process on a mere decision copy. They require the PSA-annotated record because third parties are bound only after registration (Art. 52).
8. Conclusion
In the Philippines, paperwork is destiny. A CENOMAR tells the world you are free to marry; a declaration of nullity tells the world a past marriage never legally was; both dictate whether the State (or a private insurer) will recognise you—or your children—as a beneficiary. Mastering the rules, the timelines, and the documentary dance keeps your property intact, your benefits flowing, and your future marriages safe from legal surprise.
This article reflects law and administrative practice as of 10 July 2025 and is intended for general guidance. It is not a substitute for personal legal advice. Always consult a Philippine family-law practitioner for your specific circumstances.